Welfare vs. Liberty
Moral rights are defined as the right to perform certain activities that: conform to the accepted standards or ideas of a community (or of law, god, and conscience); will not harm, coerce, restrain, or infringe on the interest of others; and are good rational arguments in support of the value of such activities (Masters, 2014). Individuals sometimes mistakenly claim things as rights that are really privileges, concessions, or freedoms (Catalano, 2012). In a just society, there are many instances where moral and legal rights overlap because of the policies that are legislated into laws to enforce certain rights (Butts & Rich, 2008). Most experts agree that all healthcare rights are of critical importance to everyone (Butts & Rich, 2008). Nurses need to understand the two different types of moral rights, liberty rights and welfare rights, in order to better identify and assess the healthcare rights and ethical aspects of patient care which they could potentially encounter.
Welfare Rights
Welfare rights, also called claim or positive rights, allow people to pursue their legitimate or personal interests that do not interfere with the interest of other people that are similar and equal to one’s own (Masters, 2014). The people who commonly fall into this category include the poor and the elderly (Butts & Rich, 2008). Federal and state social programs help ensure that the claim rights are fulfilled and preserved. Welfare rights involve the right to receive basic and social goods such as medical care, education, and police protection (Masters, 2014). Welfare rights are based on legal entitlements to some good or benefit and are guaranteed by laws such as the Bill of Rights in the US Constitution (Catalano, 2012). For ...
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Nurses everywhere face problems and challenges in practice. Most of the challenges occur due to a struggle with the use of ethical principles in patient care. Ethical principles are “basic and obvious moral truths that guide deliberation and action,” (Burkhardt, Nathaniel, 2014). Ethical principles that are used in nursing practice include autonomy, beneficence, non-maleficence, veracity, confidentiality, justice, and fidelity. These challenges not only affect them, but the quality of care they provide as well. According to the article, some of the most frequently occurring and most stressful ethical issues were protecting patient rights, autonomy and informed consent to treatment, staffing problems, advanced care planning, and surrogate decision making (Ulrich et. al, 2013). The ethical issue of inadequate staffing conflicts with the principle of non-maleficence.
The first provision of the American Nurses Association’s (ANA) “Code of Ethics” states, “ The nurse, in all professional relationships, practices with compassion and respect for the inherent dignity, worth and uniqueness of every individual, unrestricted by considerations of social or economic status, personal attributes, or the nature of health problems.” The second provision states, “The nurse’s primary commitment is the patient, whether the patient is an individual, family, group, or community” (Fowler, 2010). As nurses we need to respect the autonomy and allow for the patient to express their choices and concerns. We also need to provide them with support by giving them knowledge and understanding so they
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The United States is often referred to as a ‘reluctant welfare state.’ There are various reasons for this description. One of the primary reasons for this is the differences and diversity of the political parties which are the motivating forces that control government. The Liberal Party, for instance supports government safety nets and social service programs for those in need. “Liberals believe in government action to achieve equal opportunity and equality for all.” ("Studentnews," 2006) They believe it is the responsibility of government to ensure that the needs of all citizens are met, and to intervene to solve problems. The responsibility of government is to alleviate social ills, to protect civil liberties and sustain individual and human rights. Liberals support most social and human service programs; such as TANF, including long-term welfare, housing programs, government regulated health care, Medicare, Medicaid, social security, and educational funding. Their goal is to create programs that promote equal opportunity regardless of gender, age, race, orientation, nationality or religion, along with many others. Liberals believe that government participation is essential and a means to bring about fairness and justice to the American way of life.
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.
The term nursing ethics means that the nurse has an obligation judge what is right and wrong in her or his duties as guided by the profession or the moral principles that govern the profession and as prescribed by the professional body. Nursing ethics initially encompassed virtues that were desired in a nurse. At the time, these virtues included physician loyalty, commitment to high moral character and obedience. Evolvement of nursing profession gradually made nurses embrace patients’ advocacy. As patient advocates, nurses work as part of an interdisciplinary team to provide patient care. Nursing ethics have kept pace with the advancement of the nursing profession to include a patient-centered focus, rather than a physician-centered focus.
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The American Nurses Association Code of Ethics for Nurses has five elements that pertain to the Principle of Autonomy. Each individual element applies to “respect individual persons” (Baillie, McGeehan, Garrett T, M., Garrett R. M., 2013, p.33). In Chapter 2 of the Health Care ethics: Principles and problems text, it discusses thouroghly the consent of an individual to make their own decisions regarding their health and future requests of care. As a nurse or within all heath care professions, we must treat each individual patient with care, respect, and to remain mindful to the patient regarding any aspect of their lives. In the ANA Code of Ethics for Nurses, it explains ways of maintaining the empathy required in the health field. It further discusses that the respect for human dignity must be a priority, relationships to patients must remain neutral, the severity of the situation, the right to self-rule, and the professionalism that must be upheld by the nurse and their associates.
The American Nurses Association created guidelines for the profession including, a set clear rules to be followed by individuals within the profession, Code of Ethics for Nurses. Written in 1893, by Lystra Gretter, and adopted by the ANA in 1926, The Code of Ethics for Nurses details the role metaethics, normative ethics, and applied ethics have within the field (ANA, 2015). Moral obligation for an individual differs within professions than it does within an individual’s personal life, so the code of ethics was written to establish rules within the profession. The moral obligation to provide quality care include the fundamental principles of respect for persons, integrity, autonomy, advocacy, accountability, beneficence, and non-maleficence. The document itself contains nine provisions with subtext, all of which cannot be addressed within this paper however, core principals related to the ethical responsibilities nurses have will be
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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