Legal and Ethical Issues in the Clinical Setting Introduction Registered nurses or other medical practitioners often face situations that involve both legal and ethical implications. The decisions that follow these dilemmas are either valuable to the patients’ health or detrimental. For instance, a certain case study involving Mr. Markham, who is 82 years of age, showed that he has high blood pressure. At one particular time, while trying to get out of bed in the night, he fell. After being taken to hospital, it was noted that he sustained a right cerebrovascular accident (VA) with a resulting left hemiplegia and additionally complicated by an unexplained fever. Mr. Markham has insured with Medicare. Afterwards, he relocated to another facility …show more content…
In other cases, practicing clinicians usually claim to learn as they practice on the best legal and ethical considerations to apply while on duty (Suhonen, Stolt, Virtanen, & Leino-Kilpi, 2011). It is reasonable to assume that if medical practitioners and clinicians followed a systematic approach in analyzing the various alternatives presented, then more efficient and effective measures would be available to handle these issues. For an ethical analysis of the case study to be employed to enable a suitable decision making process, important considerations can be obtained from Swisher and Krueger-Brophy in the book “Legal and Ethical Issues in Physical Therapy” (Cole, …show more content…
It is important for all the medical practitioners to consider these issues whenever they face a sensitive issue. After all, the decisions medical practitioners make could be beneficial or detrimental to the client. Although the legal and ethical considerations can put the practitioners at a dilemma, doing what is right (to the benefit of the patient) is the most important; it is usually the correct thing to do. As in the case above, the practitioners faced a dilemma and solved it according to the ethical and legal considerations. Although it was challenging to make that decision, its results were positive to the
American Medical Int’l, Inc. According to this theory, individuals’ decisions are guided by what they are supposed to do, not by consequences or effects. That is to say, a person’s action is ethically right if it coincides with a prevailing moral duty (“Deontological Ethics,” 2007). In the dilemma involving the patient Riser, Dr. Lang violated the theory of deontological ethics by not performing his duty of acquiring informed consent from the patient. By standard of conduct, Dr. Lang was supposed to present a consent form to Riser prior to the operation that would explain the procedure of a femoral arteriogram (although it was supposed to be bilateral arteriograms instead) and thoroughly explain the possible benefits and risks of the procedure. As a result, the patient should have the right to decide whether the femoral arteriogram should be performed or not. However, Riser was not aware of the femoral arteriogram at all. Therefore, deontological ethics should have been followed, which would advise Dr. Lang to follow the ethical duties of a healthcare professional, and those include obtaining informed consent from the
Healthcare creates unique dilemmas that must consider the common good of every patient. Medical professionals, on a frequent basis, face situations that require complicated, and at times, difficult decision-making. The medical matters they decide on are often sensitive and critical in regards to patient needs and care. In the Case of Marguerite M and the Angiogram, the medical team in both cases were faced with the critical question of which patient gets the necessary medical care when resources are limited. In like manner, when one patient receives the appropriate care at the expense of another, medical professionals face the possibility of liability and litigation. These medical circumstances place a burden on the healthcare professionals to think and act in the best interest of the patient while still considering the ethical and legal issues they may confront as a result of their choices and actions. Medical ethics and law are always evolving as rapid advances in all areas of healthcare take place.
Deontology is an ethical theory concerned with duties and rights. The founder of deontological ethics was a German philosopher named Immanuel Kant. Kant’s deontological perspective implies people are sensitive to moral duties that require or prohibit certain behaviors, irrespective of the consequences (Tanner, Medin, & Iliev, 2008). The main focus of deontology is duty: deontology is derived from the Greek word deon, meaning duty. A duty is morally mandated action, for instance, the duty never to lie and always to keep your word. Based on Kant, even when individuals do not want to act on duty they are ethically obligated to do so (Rich, 2008).
Slosar, J. P. (2004). Ethical decisions in health care. Health Progress. pp. 38-43. Retrieved from http://www.chausa.org/publications/health-progress/article/january-february-2004/ethical-decisions-in-health-care
To find answers, physicians must use ethical philosophies and principles to determine the problems and benefits of any course of action.
For over 75 years the profession of physical therapy has required it's members to adhere to a standard of ethical behavior.17 The first Code of Ethics adopted by the American Physiotherapy Association (APA) in 1935 was a brief document that placed a great deal of emphasis on the relationship between the physical therapist (PT) and referring physician, and the disciplinary actions of violating that relationship.3(p.4) Since 1935 the Code of Ethics has been revised and ammended several times evolving into two in depth documents that the American Physical Therapy Association (APTA) refers to as the Code of Ethics for the Physical Therapist (Code), and the Standards of Ethical Conduct for the Physical Therapist Assistant (Standards).3(p.5),4,11 In an ideal world the Code and Standards would leave no room for question of what is th...
In this essay the author will rationalize the relevance of professional, ethical and legal regulations in the practice of nursing. The author will discuss and analyze the chosen scenario and critically review the action taken in the expense of the patient and the care workers. In addition, the author will also evaluates the strength and limitations of the scenario in a broader issue with reasonable judgement supported by theories and principles of ethical and legal standards.
In critical and complicating medical cases, family members often find it tedious to decide as to what mode or procedure of treatment is idyllic for the recovery of their patient. In such cases, well-qualified and medically educated can play a pivotal role in deciding the kind of treatment that should be given to the patient to enhance its recovery. In a contrary situation a nurse may know that administering a particular drug may improve the patient’s condition, but may be refrained from conducting the required action due to doctor’s absence or non-permission. There are numerous cases through which ethical dilemmas in the profession of nursing can be discussed. Nurses in order to remain within the defined boundaries ...
Paramedics deemed the patient competent and therefore Ms. Walker had the right to refuse treatment, which held paramedics legally and ethically bound to her decisions. Although negligent actions were identified which may have resulted in a substandard patient treatment, paramedics acted with intent to better the patient despite unforeseen future factors. There is no set structure paramedics can follow in an ethical and legal standpoint thus paramedics must tailor them to every given
Health Care workers are constantly faced with legal and ethical issues every day during the course of their work. It is important that the health care workers have a clear understanding of these legal and ethical issues that they will face (1). In the case study analysed key legal and ethical issues arise during the initial decision-making of the incident, when the second ambulance crew arrived, throughout the treatment and during the transfer of patient to the hospital. The ethical issues in this case can be described as what the paramedic believes is the right thing to do for the patient and the legal issues control what the law describes that the paramedic should do in this situation (2, 3). It is therefore important that paramedics also
This type of ethical dilemma is common in physical therapy since many of the treatments involve patients to actively participate in the treatment instead of just passively receiving treatments as in surgery or massage therapy. According to a study done by UK National Health service, out of 361 physical and occupational therapists, only around one- third of them reported no ethical dilemma in the past six months (Barnitt, 1998). I...
There are weaknesses in professional guidelines and rules because they are unable to provide the directives for moral reasoning and action is health care situations. Many people state that biomedical ethics provides a framework and emphasis on the person rather than the professional code and legal policy (Beauchamp and Childress, 2001). On the other hand they serve a purpose to provide some direction for professionals however codes of practise do not dismiss.
Nursing is about caring for individuals, ensuring privacy and safety along that process. Ethics is an indispensable component of nursing, and every nurse is accountable to maintain certain ethical standards. Disclosure of certain diseases such as HIV (Human Immuno- Deficiency Virus) or AIDS (Acquired Immune Deficiency Syndrome) positive results often bring out shame and guilt, but it is essential for the patients to reveal this to their sex partners to protect them from the disease.
In every nurse's career, he or she will face with legal and ethical dilemmas. One of the professional competencies for nursing states that nurses should "integrate knowledge of ethical and legal aspects of health care and professional values into nursing practice". It is important to know what types of dilemmas nurses may face
In conclusion, there are numerous legal and ethical issues apparent in the nursing practice. Nurses should study and be as informed as they can with ethics and legality within their field in order to ensure no mistakes occur. Ethical issues vary based on patient’s views, religion, and environment. Nurses are influenced by these same views, but most of the time they are not the same as the patients. As a nurse we must learn to put the care of our patients and their beliefs, rights, and wishes before our own personal