What are the legal and ethical issues in healthcare? For Mary, it would appear that practitioners have not approached their decisions in a systematic way. 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? Mary stated that the disclosure was false, and had been the result of commanding auditory hallucinations. 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. Discrimination can take many forms and can happen for many reasons. org/publications/standards/index. During a routine visit with her care coordinator a few months ago, Mary became very tearful and disclosed that she had been suffering verbal and physical abuse from both carers. Oxford: Blackwell Publishing. dh. However, this is a short term measure and does not address the issue of Mary’s vulnerability. 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. The second principle; ‘justice,’ relates to an action that is fair and equitable. I feel it would be appropriate for Mary and her carers to be offered family intervention by a psychologist. 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 … This is probably the oldest ethical issue in business. You know this person is attractive and is having casual, unprotected sex and not notifying sex partners, which is completely legal in California. In addition, people may not always recognise what their duties are (Morrison, 2009). It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Their efforts to keep Mary safe, whilst being virtuous, are not necessarily going to be the most beneficial in the long-term. Word count: 2983 References Beauchamp, T Childress, J. , (1989) Principles of Biomedical Ethics. This is obviously concerning enough that action is being taken to prevent her from going home. I will now draw upon theory to explore what actions should be taken by the professionals. 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. 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). Legal and ethical are often used in the same sentence. Schizophrenia. 01. Retrieved from https://graduateway.com/legal-ethical-and-professional-issues/, This is just a sample. As Johnstone et al (2008) states, ethics is about doing the right thing. His theory of ‘Deontology’ focusses upon duty and what ought to be done in a given situation. 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 … Phillip Ruge. iThese d… If you need this or any other sample, we can send it to you via email. Key learning points. So, although useful in guiding problem-solving, they must not be the only consideration. part a: term paper questions & answers – legal and ethical issues in childcare 1)Record the relevant government agency that deals with child protection in your state – South Australia. Equal pay for both genders. 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). You are a medical professional. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). The Mental Capacity Act (2005) states that capacity should not be called into question unless there is explicit indication that it may be lacking. According to Jonsen et al, this would not have been deemed to be ethical. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. She has become increasingly distressed on the inpatient unit and her relationship with carers has been adversely affected. • Explicit code of ethics: Written policy that specifies what is ethical … When you run a business you know that things can always get a little complicated. Most Common Legal and Ethical Issues in Business. I am now going to acknowledge the importance of legal implications in Mary’s case. Due to the reflective nature of this assignment, I feel it appropriate to proceed in first person narrative (Webb, 1992). (2000) Aristotle’s Metaphysics [Available online at: http://plato. 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. In contrast, the correctional nurse may face ethical situations daily. Our experience tells us that this can be a difficult process, one that many are unsure about. The final principle; ‘non-maleficence,’ states that practitioners should not do harm in the course of their work. Practitioners working with Mary should support her carers with working through this and developing an increased awareness of Mary’s difficulties. All you need to do is fill out a short form and submit an order. Sorry, but copying text is forbidden on this website. It seems that Mary was not involved in the decision making processes, and furthermore, was not made aware of her rights to object. Some of these will be explored and analysed in relation to the chosen scenario, in the hope that some recommendations can be identified. 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. #1 Being Aware of New Trends. An ethical decision would therefore be deemed so, based upon the consequences being beneficial and of no harm (Schwartz et al, 2002). Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. Dealing with ethical issues will always be a factor in the field of nursing. The case I am going to draw upon for this essay is that of ‘Mary’ and her carers. 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. 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. There’s a lot to manage between what you want and your employees, partners and even the law. Lianna Bassie. Values permeate everything we do in healthcare and sometimes these values come into conflict. As mentioned earlier, Aristotle presented one of the very early theories of ethical thinking. By mapping the chosen scenario against recognised theories, I have explored ways in which Mary’s care could reach a moral ground. In addition to this, the presence of suspected learning disability may have heavily influenced the practice of those involved. But litigation and other legal issues can really be a pain. 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. A branch of the consequentialist theory is that of ‘Utilitarianism’. Often there will … A) Ethical issues: • This is a set of rules for human moral behavior. After Mary’s capacity was called into question, following a relapse of her mental health, it was deemed to be present. 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. 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. Unlike ethical considerations, there are established penalties for behaving in a way that conflicts with the law. This essay is to examine the case study scenario of Mrs. Davis a resident at the Sunnyside day respite care center. Workplace Issues: Ethical and Legal Physical Work Settings The physical position of the individual affects the performance of employees, and some of the factors that include temperature, noise, lighting, the size of the working area and the type of materials that make an impact on staff working with these factors (Granger 2010). 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. These increasingly affect people's daily lives. It would be reasonable to say that Mary has suffered harm, by way of having an extended hospital admission whilst accommodation is sought; that the relationship with her carers is tainted; that she has remained unsettled and acutely distressed at times, whilst being on the ward. ISSUES ABOUT ETHICS IN RETAILING Issues in retailing are divided into two broad categories viz. It would appear that they are trying to fulfil this function by removing her from the home. 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). 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. Life as a business owner may have been easier 100 years ago, but the conditions were pretty terrible for workers. 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. Safeguarding was closed and no action taken by police. For example, until recently, the possession or use of marijuana was illegal in the State of Colorado. 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 However, it fails to address the wider issues and does not provide a practical application that will aid problem-solving (Campbell et al, 2005). Moreover, there are cases when a legal act is considered unethical, or an ethical act is considered unlawful. What are examples of legal and ethical issues? 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. 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. 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. The difficulty with this theory is that on occasion, the duties of people involved may conflict (Schwartz et al, 2002). Examples of ethics . However, they also have a duty to build a therapeutic relationship with Mary and her carers and this could potentially be damaged by the oppressive actions that have been taken. Legal & Ethical Issues in Retailing 2. In case you can’t find a sample example, our professional writers are ready to help you with writing Mary has lived with two carers for the past twelve years, since the passing of her mother. They have an explicit duty of care towards keeping Mary safe and well. Health care professionals continually face ethical and legal issues in the workplace, putting them at risk for burnout. ‘Ethics’ is an important term within health care (Edwards, 2009). 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. Ethics is a branch of philosophy that is responsible for studying the principles that govern the conduct of an individual. In fact, you know that it can be a LOT complicated. 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). 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. 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). Another important point to add is that Mary may be being discriminated against due to her apparent Learning Disability. Therefore, one must rely on experience, inherent knowledge, instinct. As demonstrated, the law can often conflict with professional responsibilities and ethical guidance (Griffith and Cassam, 2010). your own paper. Here is a list of current ethical issues in business, and some possible solutions. (2003) Medical Ethics & Law: The Core Curriculum. We use cookies to give you the best experience possible. Log in, View StumbleForward’s profile on Facebook, View +ChristopherHoldheide’s profile on Google+. Mary identifies these carers as her grandparents, and calls them as such. Ethics regards standards of moral judgement and professional conduct. Harris et al. In Mary’s case, the consequences have been acknowledged and considered at length by the practitioners involved. Legal issues in tv and film 1. London: Penguin Books| Griffith, R. , Cassam, T. , (2010) Law and Professional Issues in Nursing.

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