legal and ethical issues examples

I feel it would be appropriate for Mary and her carers to be offered family intervention by a psychologist. hpc-uk. Though a practitioner may feel that they are practicing in a morally ‘right’ way, and that it is for the benefit of those involved, it may not necessarily fall in line with the law. This action is ethical because a child is hungry and he wants something to eat but this is illegal because stealing is illegalized throughout the world. Get Your Custom Essay on, By clicking “Write my paper”, you agree to our, By clicking Send Me The Sample you agree on the, Legal Ethical & Professional Issues In Counselingg, Professional, Ethical & Legal Issues in Nursing Practice, Ethical, Professional and Legal Issues in CCTV Surveillance, The legal, ethical and professional dimensions of the Operating Department Practitioner (ODP),, Get your custom Though, it makes basic sense to assume that if one aims to be a ‘good’ person, they are likely to make decisions that they intend only to do ‘good’. ... the ethical and legal implications of the following topics will be discussed here, with those of particular relevance to the duties of the dental nurse being covered in greater detail. London: DH (Available on-line at http://www. org/publications/standards/index. The career is full of tough decisions and caring for other people. Safeguarding was closed and no action taken by police. Exeter. Though this is not always clear and the answer not always readily available. For example, most organisations will have a code of ethics and/or a code of conduct in place to inform the work of their staff. Available on –line at http://www. The last point that Jonsen et al makes is that the decision must be looked at in the context of wider issues, such as cultural or religious influences, or legal implications. Rights of the Employer and Employees• Employers have a responsibility to their workforce to provide for their health and Safety in the workplace. iThese d… 5th Edition. I feel it reasonable at this point to define the point of interest for this essay. Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. I am now going to acknowledge the importance of legal implications in Mary’s case. The final principle; ‘non-maleficence,’ states that practitioners should not do harm in the course of their work. London: UK Edwards (2009) Nursing Ethics a Principle based approach London:Palgrave Elder, R. , Evans, K. , Nizette, D. (2009) Psychiatric and Mental Health Nursing. In addition to this, the presence of suspected learning disability may have heavily influenced the practice of those involved. Mary is not aware of this right and therefore cannot question the authenticity of the decision to invade her privacy. Phillip Ruge. In Mary’s case, the consequences have been acknowledged and considered at length by the practitioners involved. In Mary’s case, it seems unjust that both she and her carers are seemingly being punished for a claim made during a time when she was unwell. The case I am going to draw upon for this essay is that of ‘Mary’ and her carers. Some of these will be explored and analysed in relation to the chosen scenario, in the hope that some recommendations can be identified. Mary will not remain an inpatient in the long-term and therefore will be able to continue a relationship with her carers as she wishes, once discharged. Here is a list of current ethical issues in business, and some possible solutions. This is also stated within the professional code of conduct, and is placed at the essence of nursing skills. dh. All you need to do is fill out a short form and submit an order. So, in this scenario, emphasis would be placed on the duties of the practitioners (Warberton, 1999). Mary had a visible bruise on her shoulder, which she stated was caused by a punch. But litigation and other legal issues can really be a pain. 1 - Acceptance . This theory goes some way towards explaining how a decision may be deemed ethical if a practitioner believes it is the right thing to do, and that it falls in line with their own moral code, which seems to have been the case with Mary. Unlike ethical considerations, there are established penalties for behaving in a way that conflicts with the law. As mentioned earlier, Aristotle presented one of the very early theories of ethical thinking. Ethical principles depend on the situation in which a person encounters and varies from one individual to another. | Warberton, N. (1999) Philosophy: The Basics. Ethical and legal issues, being two kinds of issues that are often brought up especially in organizations, are two terms that often clash with one another and at the same time working with one another on different occasions, as well. One theory that does have a workable approach is that of Beauchamp and Childress’ (1989) ‘Four Principles’. These increasingly affect people's daily lives. Mary identifies these carers as her grandparents, and calls them as such. With this in mind, it should not be assumed that what Mary had disclosed had any more truth than somebody who might have said they were being monitored by aliens, especially since she herself stated that it was false. London: UK Schwartz L, Preece P, Hendry R (2002) Medical Ethics A Case-Based Approach London Saunders Thompson,I. Lianna Bassie. There have been many theories that attempt to take a systematic approach to reaching a decision from an ambiguous situation, and these date back to BC350, with the work of Aristotle (Cohen, 2000). The first of their points is that there must be an indication for medical intervention; that is that practitioners should have cause to act in the first place. From personal privacy online, to the appropriate uses of new technology, to copyright and intellectual property on the Internet, the legal and ethical issues in … The third principle; ‘beneficence,’ refers to actions that result in a benefit to the patient. Together, these legal tools help direct and manage property and health care decisions in accordance with a person’s wishes when the person no longer has the ability (capacity) to make decisions. It would appear that little emphasis has been placed on longer-term plans or consequences, apart from thinking about looking at alternative accommodation. They often clash and work with each other. In the mental health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives and health-care professionals. As such, this requires that practice is in accordance with the law of the land (Hope et al, 2003). In the case of Mary, it can be appreciated that the practitioners involved feel they need to protect her from potential harm. ISSUES ABOUT ETHICS IN RETAILING Issues in retailing are divided into two broad categories viz. Mary remains in hospital and is having contact with her carers but this is being supervised by staff, despite there being no substantiated concerns. Schizophrenia. She has become increasingly distressed on the inpatient unit and her relationship with carers has been adversely affected. London:UK Morrison, E. (2009) Health Care Ethics: Central Issues for the 21st Century. Mary stated that the disclosure was false, and had been the result of commanding auditory hallucinations. However, this is a short term measure and does not address the issue of Mary’s vulnerability. There does not appear to be any of the former, though there may be points about the law that have been overlooked. Legal & Ethical Issues in Retailing 2. Though in reality, this is not always the case, and, religious or cultural differences could also cause huge variations in outcomes (Jonsen et al, 1992). In combination, the use of ethical frameworks, guidance from the law and professional accountabilities should prove to be the best way of delivering care (HPC, 2008). The second principle; ‘justice,’ relates to an action that is fair and equitable. Recent headline-making ethical issues, particularly those tied to discrimination and sexual harassment, have shed light on unethical conduct in the workplace and how these ethical lapses can permeate employee relations, business practices, and operations. | Cohen, S. Marc. Retrieved from, This is just a sample. By continuing we’ll assume you’re on board with our cookie policy, The input space is limited by 250 symbols. Though there is a relationship between the two, the concepts are not interchangeable. Lianna Bassie. After Mary’s capacity was called into question, following a relapse of her mental health, it was deemed to be present. An opposing perspective is that of ‘Consequentialism,’ which places great emphasis on the potential outcomes of a decision (Gillon, 1994). You can get your custom paper from Key learning points. What Does Ethical Issues Mean? It was legal to do so, but the ethics of increasing the costs of a medication people depend on is dubious. The ISSUES-Concept from McMaster University, Hamilton, Canada is an example of ethical decision making frameworkIt is applicable at personal, professional and organisational levels both between and within groups. What are the legal and ethical issues in healthcare? The third point looks at quality of life. Otherwise, all patients should be deemed competent. Nurses are highly accountable to patients, the public, employers, and the entire profession. It would appear that they are trying to fulfil this function by removing her from the home. It is also important to point out that Mary’s carers are also vulnerable in the sense that they have been accused of such an act. Though, despite having been supposed to have this capacity, her autonomy was overlooked regardless. Ethical conflicts are usually best resolved through direct engagement with the parties involved. Elsevier: Australia Fry, S. , Johnstone, M. J. , (2008) Ethics in Nursing Practice; A Guide to ethical decision- making 3rd ed London: Blackwell Publishing Gillon, R. , (1994) Medical Ethics: four principles plus attention to scope BMJ 309: 184Glover, J. Another theory that talks of ethical actions is that of Immanuel Kant in the 18th century. An ideal outcome would be that Mary is appointed an advocate, so that she aware and able to express her opinions and concerns about her care. Since the introduction of the Human Rights Act in 1998, the practitioners may be acting illegally, as their actions may contravene article 8, which give people a right to privacy. When a child is hungry and he stole a loaf of bread from a shop to feed. This is where the practitioners involved could be called into question. As highlighted, there are strengths and limitations of each theory and not all can be applied in every situation. Specific provisions of the Health Insurance Portability and Accountability Act, or HIPAA, define exactly what information can be released and to whom. uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_103643) Disability Discrimination Act (1998). For Mary, it would appear that practitioners have not approached their decisions in a systematic way. Here are the 10 most common ethical issues … Another important point to add is that Mary may be being discriminated against due to her apparent Learning Disability. By mapping the chosen scenario against recognised theories, I have explored ways in which Mary’s care could reach a moral ground. stanford. That said, it does place emphasis on the needs and wishes of patients, and therefore is particularly applicable within health care (Beauchamp and Childress, 2001). This assignment has addressed an ethical dilemma from practice and used this to illustrate how ethical frameworks can be utilised to reach a decision about patient care. We will be looking at the legal and ethical issues and the implications of these issues in this case study that could impact the RN, EEN and family members of Mrs. Davis as well as the care facility. Therefore, one must rely on experience, inherent knowledge, instinct. Ethical, legal and environmental impacts of technology The use of computers has brought about environmental, ethical and legal issues and concerns. Equal pay for both genders. Both legal and ethical are often used in the same context in terms of issues and social situations; both words can be applied in almost any situation, private or public, even in the realm of professions. And, ultimately, it would be impossible for any practitioner to predict the exact outcome of their ctions, which undermines the purpose of the theory (Hope et al, 2008) A modern approach to ethical decision-making was devised by Jonsen et al in 1992. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). The South Australia Department for Families and Communities (DFC) is … The rapid rise of technology has raised a host of legal and ethical issues that are unique to the 21st century. However, once this was dismissed, there were no longer any grounds to continue to intervene. Essay, Ask Writer For ‘Ethics’ is an important term within health care (Edwards, 2009). Examples of ethics . As we have written in NAEYC books about professional ethics, when faced with a challenging situation in the workplace, the first thing an early childhood educator needs to do is to determine whether it is an ethical issue. The second point is that Mary was not consulted about her preferences or given the opportunity to make a choice. An ethical decision for Mary using the Utilitarianism approach would be one which allows for most of the involved parties to be comfortable and content (Melia, 2004). Just because a business practice is legal doesn’t mean it’s ethical. Harris et al. Moreover, there are cases when a legal act is considered unethical, or an ethical act is considered unlawful. After two days in respite care, Mary became very distressed and subsequently retracted her accusations. For example, until recently, the possession or use of marijuana was illegal in the State of Colorado. Often there will … id=38 Human Rights Act (1998). London: Penguin Books| Griffith, R. , Cassam, T. , (2010) Law and Professional Issues in Nursing. Below, we outline a few of the legal and ethical issues that can affect a business, and how you can prevent them from being problems in the first place. We use cookies to give you the best experience possible. If you need this or any other sample, we can send it to you via email. Phillip Ruge. This also places weight upon the consequences of a decision, and aims to achieve the greatest good for the greatest number (Schwartz et al, 2002). Discrimination can take many forms and can happen for many reasons. In fact, you know that it can be a LOT complicated. You know this person is attractive and is having casual, unprotected sex and not notifying sex partners, which is completely legal in California. Mary has been known to mental health services for around three years, and is currently being treated for a psychotic illness. I will use this to demonstrate how Mary’s circumstances could be applied and resolved. your own paper. Learning Matters Hope, T. Savulescu, J. Hendrick, J. As we know, practitioners are accountable to their patients, their employer, and their professional bodies (NMC, 2008) (Tilley and Watson, 2004). However, I must point out that, in accordance with university and professional guidance, the confidentiality of patients, colleagues and services will be protected throughout (Nursing and midwifery council, 2008). The first principle; ‘respect for autonomy,’ indicates that patients should have the right to make informed decisions about their care. Though, this would indicate that practice has become defensive, rather than defendable. The Commission's task is to systematically monitor all health-care, ethical, social, legal and other issues pertaining to the spread of HIV/AIDS, draft proposals, opinions and reports on health-care, ethical, social, legal and other issues, and provide guidelines to formulate new … Legal vs Ethical Issues . Examples THE HANSIE CRONJE AFFAIR (2000) On 7 April 2000, the police in New Delhi (India) revealed that they were in possession of a recording of a tapped telephone conversation between Hansie Cronje, the Captain of the South African cricket team, and Sanjay Chawla, an illicit gambler in India, in which the two individuals discussed manipulating matches. The relationship between these terms is quite apparent as many laws were created with ethical standards as the basis. Our experience tells us that this can be a difficult process, one that many are unsure about. Just because something is legal doesn't mean it's ethical. Definition: Ethical issues in business is a situation where a moral conflict arises and must be addressed. A branch of the consequentialist theory is that of ‘Utilitarianism’. Their ‘Four Quadrant Approach’ outlines that four criterion must be satisfied, in order of priority, for a decision to have moral value. The difficulty with this theory is that on occasion, the duties of people involved may conflict (Schwartz et al, 2002). (2003) Medical Ethics & Law: The Core Curriculum. I have also considered how the law can sometimes conflict with ethical thinking, though essentially this takes priority. Oxford: Blackwell Publishing. For example, a medical company called Turing Pharmaceuticals increased the cost of a drug by 5,000 percent in order to increase its profits, according to CNN Money. • Explicit code of ethics: Written policy that specifies what is ethical … In this situation, I think the practitioners would struggle to do this, as the main motivator seems to be based on perceptions, rather than facts. | Caulfield, H. (2005) Vital Notes For Nurses: Accountability. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. The Mental Capacity Act (2005) states that capacity should not be called into question unless there is explicit indication that it may be lacking. Kant states that consequences are irrelevant when trying to determine what the right thing to do is. You have a patient who is HIV and HEP C positive and you are aware of this because that person is a patient of yours. The remainder of this chapter focuses on health care issues and planning for health decisions. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. You are a medical professional. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Legal issues in tv and film 1. His theory of ‘Deontology’ focusses upon duty and what ought to be done in a given situation. Practitioners working with Mary should support her carers with working through this and developing an increased awareness of Mary’s difficulties. Starting from employee dismissal to administrative things, the most serious of them remained the ethical ones. An urgent outpatient appointment with the consultant psychiatrist was arranged and Mary was subsequently admitted to hospital due to relapse of symptoms. "You must agree to out terms of services and privacy policy", Don't use plagiarized sources. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. This was understandably very concerning, and as such, Mary was not able to return home. 1. He proposed that individuals should strive to behave in a virtuous manner, and that when achieved this would allow them to know what would be the right thing to do (Cohen, 2000). The discussion will also consider the legal, ethical and professional issues surrounding covert medication. Again, it seems that the fears and judgements of the practitioners are greatly impacting on the outcome, which specifically goes against professional conduct (NMC, 2008). Their efforts to keep Mary safe, whilst being virtuous, are not necessarily going to be the most beneficial in the long-term. Ethical issues occur when a given decision, scenario or activity creates a … Conversely, should Mary be allowed to return to her home, she could be subject to harm by carers, for which the practitioners would then have to carry some responsibility. London: Churchill Livingstone. Ethical Concerns For the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. ... • Offer real-life examples to help employees make decisions in all levels of the organization. Due to the reflective nature of this assignment, I feel it appropriate to proceed in first person narrative (Webb, 1992). It’s an undeniable fact – many issues today are scrutinized to find out whether they are either legal or ethical. Since then, Mary has maintained that the accusations were false and has explicitly stated that she did not want further action to be taken, and that she wants to maintain a relationship with her carers. In other words, it is an occasion where a moral standard is questioned. According to Jonsen et al, this would not have been deemed to be ethical. An ethical decision would therefore be deemed so, based upon the consequences being beneficial and of no harm (Schwartz et al, 2002). However, we must consider that patients with a psychotic illness typically experience either delusional beliefs or hallucinations, or both, and therefore at times the content of their conversation is likely to be removed from reality (Royal College of Psychiatrists, 2011). Though this is a simplistic explanation, the essence of Aristotle’s perspective appears somewhat idealistic and archaic. Mary was assessed as having capacity to make decisions about where she lives. This presents an ethical dilemma: are the service justified in infringing Mary’s privacy, even though her vulnerability is only perceived and there is no evidence to suggest any actual abuse? Issues by nature are many and, today, many issues are brought up and are questioned upon their varying natures. (2016, Nov 13). Whilst the ‘Four Principles’ theory is inclusive and straightforward to use, it does not recognise all elements that may occur within an ethical dilemma, such as cultural or religious needs (Jonsen et al, 1992). Though it is widely popular, the consequentialist perspective fails to identify how subsequent contentment can be measured, and does not account for unpleasant side effects experienced by those who are not content (Thompson et al, 2000). What are examples of legal and ethical issues? They have an explicit duty of care towards keeping Mary safe and well. Ultimately, and despite the decisions coming from a positive place, her rights and opinions seem to have been ignored, and as such do not follow legal protocol. gov. Help, Use multiple resourses when assembling your essay, Get help form professional writers when not sure you can do it yourself, Use Plagiarism Checker to double check your essay, Do not copy and paste free to download essays. We will be looking at the legal and ethical issues and the implications of these issues in this case study that could impact the RN, EEN and family members of Mrs. Davis as well as the care facility. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). It would be fair to say that her quality of life is minimal at the current time, as a direct result of decisions being made about her care, without her input. I will now draw upon theory to explore what actions should be taken by the professionals. I am going to use this to illustrate how an ethically sound decision could be made for Mary. This is obviously concerning enough that action is being taken to prevent her from going home. London: The Health Professions Council. London: UK Johnston M, (1999) 4th Edition Bioethics A Nursing Perspective London Churchill Livingstone Jonsen, Siegler and Winslade; Clinical Ethics: A Practical Approach to Ethical Decisions in Clinical Medicine (3rd edition McGraw-Hill 1992) Melia, K. (2004) Health Care Ethics. Practitioners cannot control the decisions Mary makes about the company she keeps and therefore her vulnerability remains. Health care professionals continually face ethical and legal issues in the workplace, putting them at risk for burnout. This places little emphasis on Mary’s personal views and feelings however, and is a drawback of the concept. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. Dealing with ethical issues will always be a factor in the field of nursing. One could assume that health care practitioners ould or should have a virtuous character, being in a care-giving role (Morrison, 2009). However, as society evolves, what constitutes legal behavior also changes. Five controversial examples are ethical but not legal. The main legal issues in the healthcare system relate to medical negligence, informed consent and confidentiality. With this in mind, the following assignment will draw upon an ethical dilemma and explore how theoretical perspectives can be utilised within the decision making process. Life as a business owner may have been easier 100 years ago, but the conditions were pretty terrible for workers. Mary’s current situation is that she is in an inpatient unit against her will, she is being stopped from having privacy and time with her carers, and her distress levels continue to increase, that understandably are having a negative impact on her mental health. It seems that Mary was not involved in the decision making processes, and furthermore, was not made aware of her rights to object. Legal and ethical are often used in the same sentence. Taylor and Francis Group Webb, C. (1992) ‘The use of the first person in academic writing: objectivity, language and gate, Legal, Ethical and Professional Issues. This will hopefully bring about a situation where Mary’s care is justifiably ethical, legal and positive for her and her carers. Log in, View StumbleForward’s profile on Facebook, View +ChristopherHoldheide’s profile on Google+. In case you can’t find a sample example, our professional writers are ready to help you with writing Ethics regards standards of moral judgement and professional conduct. In addition to the marketing, financial, human resources and other challenges small-business owners face, legal and ethical issues of operating a business loom as another stumbling block. edu/entries/aristotle-metaphysics/]| Dept of Health (2009) Reference Guide to Consent for Examination or Treatment. A) Ethical issues: • This is a set of rules for human moral behavior. In addition, it is fundamental to the obtaining of informed consent, which is vital for any interventions offered to Mary (Department of Health, 2009). Potential Legal or Ethical Issues Business Owners Face. In contrast, the correctional nurse may face ethical situations daily. While the industry has changed in recent years due to modern healthcare, some ethical issues remain the same. Mary is suspected to have a learning disability, though formal assessment of this has not been available, as Mary has moved around the country a great deal throughout her life. In Mary’s case, her autonomy has been ignored – she would like to be able to return home to live with her carers and would like unsupervised contact with them, but this has been denied. As demonstrated, the law can often conflict with professional responsibilities and ethical guidance (Griffith and Cassam, 2010). Most Common Legal and Ethical Issues in Business. Later, I will explore how the law might take priority over ethical frameworks. The presence of any disability may prevent Mary from retaining or understanding information that is presented to her, and therefore the practitioners have a responsibility to adapt the way they present this information (Caulfield, 2005). There’s a lot to manage between what you want and your employees, partners and even the law. 1997) Causing Death and Saving Lives. In addition, people may not always recognise what their duties are (Morrison, 2009). asp? This would contravene the Disability Discrimination Act (1998). our expert writers, Copying content is not allowed on this website, Ask a professional writer to help you with your text, Give us your email and we'll send you the essay you need, Please indicate where to send you the sample, Hi, my name is Jenn

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