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The conflict between law and ethics has been a topic of debate since time immemorial. Today, the debate rages on especially with the issues like abortion, euthanasia, gay marriages which highlight the contention between ethics and law. Is it ethically justified to administer euthanasia to a suffering person who his family or the patient requests for it? Is abortion ethically justified because it is legal? Is gay marriage illegal and wrong because the society and the law say so? These among many are just few examples of the many conflicts that surround law and ethics and they are yet to be answered as the debate rages on. Nowadays, many people take it for granted that law and ethics are entwined. In fact, the two concepts are substantially different, and have been at odds in many situations. Law is defined as a set of universal and reliable rules that are usually published, generally accepted, and enforced. These rules are set to govern the behaviors of people in the society in addition to defining what is to be done. On the other hand, ethics is the principle that governs what is morally good or wrong. As much as law and ethics are totally different, there is a relationship between the two.
There is a relationship between law and ethics. In some cases, ethics and law overlap because, what is perceived as unethical is also illegal. In other occasions, they do not overlap because, what is considered to be ethical can be illegal and what is considered to be legal can be unethical. A behavior can be considered to be ethical, but according to the law, the behavior is illegal. Legal and ethical principles are generally closely related, but ethical obligations typically surpass the legal duties.
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...xists conflict between law and ethics, but professionalism is required in the nursing profession. The lawful duty of nurses is parallel to the ethical responsibility in both cases as they are legally required to uphold standards of care, hold on to ethical, moral and legal standards ,and maintain accountability for safe patient practices in their workplace.
Works Cited
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Ogata, S. (2010). Legal, Ethical, and Political Issues in Nursing. Critical Care Nurse Journal, 25.5, 72.
Beech, M. (2007). Confidentiality in Health Care: Conflicting Legal and Ethical Issues. Nursing Standard, 21.21, 42-46.
Scales, K. (2009) Intravenous therapy: the legal and professional aspects of practice. Nursing Standard 23.33, 51-57.
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
Winland-Brown, J. L. (2015). The New "Code of Ethics for Nursing With Interpretive Statements". Practical Clinical Applications Part I. MEDSURG Nursing 24(4),
The American Nurses Association (ANA) sets forth scope and standards of practice to facilitate the social contract between society and the nursing profession as a whole. The Scope of Nursing Practice describes the “who,” “what,” “where,” “when,” “why,” and “how,” the duties, of nursing practice (American Nurses Association, 2015, p. 2). The nursing profession is continuously evolving and develops on past works. In response, the ANA revises and updates the standards every five years. They are important because professional nursing practice regulation is based on these standards, the code of ethics, and specialty certifications. The 2010 and 2015 Scope and standards editions are important as they have variations speaking to competencies,
The Code of Ethics for Nurses was created to be a guide for nurses to perform their duties in a way that is abiding with the ethical responsibilities of the nursing profession and quality in nursing care. The Code of Ethics has excellent guidelines for how nurses should behave, however; these parameters are not specific. They do not identify what is right and wrong, leaving nurses having to ultimately make that decision. Ethics in nursing involves individual interpretation based on personal morals and values. Nursing professionals have the ethical accountability to be altruistic, meaning a nurse who cares for patients without self-interest. This results in a nurse functioning as a patient advocate, making decisions that are in the best interest of the patient and practicing sound nursing ethics.
According to American Nurses Association (ANA), (2010) “the nurse promotes, advocates for and strives to protect the heath, safety and right of the patient” (p. 6). Nursing responsibilities should be acted at the highest standard and must be based on legal and ethical obligations.
Fowler, M. D., & American Nurses Association (2008). Guide to the code of ethics for nurses: Interpretation and application. Silver Spring, MD: American Nurses Association.
Section 5.4, which is the preservation of integrity, suggests that nurses will inevitably have to deal with threats to their moral or professional integrity at some point in their careers. Nurses should do their best to maintain professional integrity when met with adversity, weather it be from uncooperative issuance companies, an unsound work environment, or from the patients themselves. When working in an unsound or unsafe work environment that violates law or the ANA code of ethics nurses must go through the proper channels to fix the problem. If a nurse feels that a procedure or treatment their patient is having conflicts with his or her own moral integrity and they cannot participate, the nurse must report they unwilling to tr...
The classical term for the word ethics is, moral philosophies that rule an individual’s or group behavior or action. The American Nurses Association used ethics to write the Code of Ethics for Nurses with these values and visions in mind: “(1) As a statement of the ethical obligations and duties of every person who chooses to enter the profession of nursing. (2) To act as the nonnegotiable standard of ethics. (3) To serve as an expression of the understanding on nursing’s commitment to society.” (Nurses Code of Ethics, 2015). With our ever-changing society and healthcare, also comes changes to the American Nurses Association’s
American Nurses Association. (2015, January 2015). Code of Ethics for Nurses With Interpretive Statements, 1-76. Retrieved from
There are legal requirements and policy to govern specific areas of health care practise. It differentiates nurse responsibilities, help establish boundaries of independent nursing action and assists in maintaining a standard to ma...
Thompson, I. E., Melia, K. M., & Boyd, K. M. (2006). Nursing Ethics: Churchill Livingstone Elsevier.
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
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
Ethics asses the values, morals, and principles of nurses. Legal codes or laws are rules established by our government. It’s important that nurses have a clear and comprehensive understanding of ethical and legal codes within their career. The understanding of these codes is essential for nurses to safely practice and to protect their patients. Nurses must abide by these principles or face the consequences of legal action. These principles include autonomy, utilitarianism, confidentiality, and many others. Autonomy is the agreement to respect ones right to determine a course of action, while utilitarianism is what is best for most people as defined in American Nurses Association. In order to give you a