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Legal principle for nurses
Legal Principles On Nursing
Arguments against act utilitarianism
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Nurses have a great responsibility for patient’s health and wellbeing. Patients are the centre of professional nursing practice, therefore, is it important that nurses understand the legal, ethical and professional issues they will face in their career. Regulatory guidelines are what underpin the nurse’s decision making and safeguard both patient and the nurse. This assignment aims to discuss the principles and theories that assist a nurse’s moral judgement when faced with moral issues and to explore the legal and professional laws and guidelines that underpin them. To help illustrate the assignment and prevent the assignment from being abstract and disconnected from what nurses do in clinical practice, a scenario regarding Mr Smith will be …show more content…
Consequentialists feel that the outcome of an action is more important that the action itself. According to the moral dilemma regarding Mr Smith, the MDT team have taken the consequentialist approach and decided that Mr Smith’s UTI needs to be treated because that would be maximising good, so Mr Smith’s rights of refusing treatment are, in this case, not morally relevant. Only the best foreseeable consequence of treating the UTI and alleviating all negative consequences of not having the IV antibiotics are morally important (Hope, Savulescu and Hendrick, 2008). Ellis (2013) weighs up the pros and cons of consequentialism and comes to the conclusion that it can be problematic in the sense it takes time, the outcomes are not well defined when using the consequentialist calculous. It is said by Hope et al., (2008) that utilitarianism is the predominant school of consequentialist thought. According to Ellis (2013) in 1781 Jeremy Bentham founded utilitarianism, he based his theories on moral calculous which states a decision was morally right if it maximised pleasure and minimised pain. This is known as act utilitarianism. One of the cons of act utilitarianism is that it is ineffective if used repeatedly in the same situation (Smart & Williams, 1973). Ellis (2013) then goes onto explain that act utilitarianism …show more content…
These laws give the patient confidence in the care they are receiving These laws also The MDT are conflicted by two obligations as health professionals. The MDTs moral principle is to respect Mr Smith’s autonomy and the NMC code section 1.5 ‘states respect and uphold people’s human rights’, this would mean that Mr Smith’s decision to refuse the prescribed IV antibiotics should be respected and his human rights should be upheld. This section of the code conflicts with the action that would be beneficent in this situation which would be to give Mr Smith the IV antibiotics to treat the UTI, therefore preventing harm (septicaemia which could lead to death). The MDT have to decide which of the two principles take priority. The MDT are educated about the connection between UTIs and changes in mental state and confusion in older adults (Sacks, 2015), moreover the unwise decision to refuse treatment for his UTI has alerted the MDT to the need of assessing Mr Smith’s of capacity. The Mental Capacity Act (2005) (MCA) is a legal guidance on how mental capacity should be determined in such situations. This is one of many acts that safeguards nurses and other health profession. another act that is relevant to scenario is
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).
During week 4, we became familiar with the application of ethics in the nursing practice settings. We learned about ethical theories and principles, which are crucial when practicing in any clinical settings during ethical decision-making and while facing one or multiple ethical dilemmas. Also, we were introduced to the MORAL model used in ethical decision – making progress. The MORAL model is the easiest model to use in the everyday clinical practice, for instance at bedside nursing. This model can be applyed in any clinical settings and its acronyms assist
Furthermore, nursing action guided by the theory and principles of moral and legal rights complements excellent nursing care. Nurse’s awareness of moral and legal codes helps them control the complicated scenarios encountered and direct the nurses in the best possible action answerable by law (Lachman, 2006). 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 at the expense of the patient and the care workers. In addition, the author will also evaluate the strength and limitations of the scenario in a broader issue with reasonable judgement supported by theories and principles of ethical and legal standards.
During my employment as a LPN in a rural hospital I have witnessed several episodes related to the ethical dilemma of workplace bullying. This behavior is unacceptable based upon the professional standards of nursing. The objective of this paper will be to focus on the controversial topic of how to deal with a workplace bully. The purpose is to highlight accountability of all involved personnel: bully, victim and management.
Recent developments in standard of care and professional relationship with patients have made law fundamental to the study and practice of nursing. At every stage of patients care, law helps bring up to date nursing practice and it is essential that nurses understand the legal and ethical implications of law in their nursing profession (Griffith and Tengrah, 2011). The purpose of this essay is to discuss the concept of consent in relation to the role of the nurse. This will aim at demonstrate ethical and legal implication of consent on nursing practice and professional working. In the Code (2008, cited in Griffith and Tengrah, 2011) the Nursing and Midwifery Council set standards for nursing professional to follow. Among the rules is the requirement of nurses to obtain consent before care is given.
Ethical dilemmas in nursing happen daily therefore nurses must treat all patients with respect and integrity for the patients’ best interest and health. Nurses must be the advocators for their clients, in this case being an advocate for the patient helped in the resolution because the nurse made sure to speak for the patient with mediation error and no affect on the patient’s health. The decisions nurses make can affect the patient’s health and quality of life, hence making the right choice is critical in nursing. The decision making can be based on the nurses’ values, experiences, ethical principles and theories.
Barnett, Wilson J.(1986). Ethical Dilemmas in Nursing. Journal of Medical Ethics. Retrieved on 12th July 2010 from
Since you examined the number of moral issues you will face in this profession, look through the code of ethics that you chose for this assignment and explain
The word ethics is derived from the Greek word ethos, which means character (1). Being moral always fills a nurse with morals respects, guidelines of good judgment and expert lead. There are three essential obligations for nurses, among many other which are the duty of autonomy, confidentiality, and obligation of care to all patients (2). There are professional duties with becoming distinctly legitimate obligations if any law and policies are ruptured in between professional practice. In 2001, a review found that there was an apparent requirement for more guidance on moral predicaments inside the medical professionals, subsequent to expanding legal cases and open request (3). Medical attendants ought to withstand to regulatory law and statutory law while managing the nursing practice.
There are philosophical forces that make up and direct each nurse’s practice. Burkhardt and Nathaniel (2008) note philosophy as “the intense and critical examination of beliefs and assumptions (pp. 27). One incorporates knowledge and beliefs to make up their philosophical forces. Possessing outstanding philosophical forces allows one to be respectful, well rounded and possess good character. Some examples of ways one has been respectful towards another person’s beliefs are discussed in the next paragraph.
Nurses are faced with ethical dilemmas on a daily basis, each situation being unique and requiring the nurse to set aside their own values and beliefs in order to properly care for their patients. Situations requiring nurses to make an ethical decision are diverse and dynamic; the values set out by the College of Nurses of Ontario code of ethics remains the same. Therefore, all decision based on these vales regardless of the setting and circumstances ensure consistent solutions. The scenario involves a woman who was admitted to the NICU due to complications during her sixth month of pregnancy. The patient indicated that no extraordinary measures should be made to save her baby; she became further detached when the baby developed a bleed that resulted in some permanent brain damage. The ethical dilemma arose when the mother decided to put the baby up for adoption, stating she did not have time to take care of a special needs child. This paper attempts to explain the ethical values implicated in the scenario detailed below, in which the nurse cares for both mother and baby.
When Mrs. Bennett was admitted to hospital, it was clear that extra help would be needed to care for her once she was discharged. Since the nursing staff had problems answering all of the questions Mrs. Bennett’s children had, the siblings decided that one of them should become the disseminator of information. This was agreed to be Maureen as she lived the closest to their mother. This allowed all of the siblings to discuss their thoughts and concerns, then have Maureen bring them to the health care staff and relay the information back to her siblings. Creating process that ensures that the health care professionals gain all of the information they need and all of the siblings gets their questions answered without overwhelming the staff. Mrs.
This paper explores the legal, ethical and moral issues of three healthcare colleagues by applying the D-E-C-I-D-E model as a foundation of decision making as found in Thompson, Melia, and Boyd (2006). Issues explored will be those of the actions of registered nurse (RN) John, his fiancé and also registered nurse (RN) Jane and the Director of Nursing (DON) Ms Day. Specific areas for discussion include the five moral frameworks, autonomy, beneficence, Non – maleficence, justice and veracity in relation with each person involved as supported by Arnold and Boggs (2013) and McPherson (2011). An identification and review of the breached code of ethics and the breached code of conduct in reference with the Nursing, Council, and Federation (2008) will be addressed. Lastly a brief discussion on how the three schools of thought deontology, teleology and virtue had effects on each colleague (McPherson, 2011) .
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