What ethical principles were impacted? What was the ethical duty of care to Lewis? How was it breached? As Confucius states, “To know what is right and wrong, and to not do it is the worst cowardice.” Duty, obligation of one person to another, flows from eons of social culture, philosophy, and religion. Ethics are similar to the mortar that holds the bricks of law and statutes together – without the mortar, the wall would be more prone to collapse. Ethics are different from laws in that they are an unenforceable moral code or set of principles to guide behavior, though there may be regulatory bodies which can act if the ethics have been breached. In the case of Lewis Blackman, the primary ethical principle of non-maleficence was breeched, …show more content…
Not only do health care providers have an ethical implication to care for patients, they also have a legal obligation and responsibility to care for the patient. According to the Collins English dictionary, a duty of care is ‘the legal obligation to safeguard others from harm while they are in your care, using your services or exposed to your activities’. The legal definition takes it further by making it a requirement that a person act towards others and the public with watchfulness, attention, caution and prudence which a reasonable person in the circumstances would use. If a person’s actions fail to meet the required standard, then the acts are considered negligent (Hill and Hill, 2002). If a professional fails to abide to the standard of practice for their practice in regards to their peers, they leave themselves open to criticisms or claims of breach of duty of care, and possibly negligence. Negligence is comprised of five elements: (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm. Duty is defined as the implied duty to care/provide service, breach is the lack thereof, cause in fact must be proven by plaintiff, proximate cause means that only the harm caused directly causative to the breach itself and not additional causation, and harm is the specific injury resultant from the breach. …show more content…
The nurse, a traveling nurse, was working on a unit and received orders for infusion of normal saline in a 7 month old. He saw a small bag of what appeared to be saline on the desk in the nurse’s station, with the manufacturer’s pre-printed labeling indicating that it was filled with normal saline. One key aspect, as described by the traveling nurse, was that he had encountered in other health systems that pediatric infusions were specified in small bags. Based upon these two perceptions, the nurse administered the infusion – despite the pharmacy applied label being on the other side of the bag. Needless to say, the child died shortly after receiving the infusion, despite resuscitation attempts. The infusion was actually prepared for his adult patient
Ethics is “a branch of philosophy concerned with the study of questions of right and wrong and how we ought to live” (Banks, 2013). Also it involves making moral judgments about what is right and or wrong, good or bad. In the process of everyday life, moral rules are desirable, not because they express absolute truth, but because they are generally reliable guides for normal circumstances. Ethics or moral conduct, are of major importance in the criminal justice field today. If the police force condoned unethical behavior, there would be very little, if any, justice being served. A system of rules and principles helps to guide in making difficult decisions when moral issues arise. Ethics has been shown to be a central component in decisions involving ethical dilemmas. It is “concerned with standards of conduct and with “how I ought to act”, and standards of conduct may vary among different societies” (Banks, 2013). An ethical dilemma arises only when a decision must be made that involves a conflict at the personal, interpersonal, institutional, or societal level or raises issues of moral character. Richard Hare argues that we initially use an intuitive level of moral thinking when we consider ethical dilemma. There are “six steps in analyzing an ethical dilemma and they would be as follow” (NASW, 2014):
“One of those obligations is that it must exercise a proper degree of care for its patients, and, to the extent that it fails in that care, it should be liable in damages as any other commercial firm would be
Linda is a 14 year old girl, who is in respite care. In my role as a carer I have observed that she was previously an outgoing and bubbly girl who mixed well but now appears quiet and withdrawn. I have been told by another resident who Linda confided in, that she was being bullied at school and not eating because of being called fat. This concerns me, as I have noticed Linda seems to have lost a considerable amount of weight. For this assignment I will need to identify who I need to communicate with regarding my concerns, recognise Linda’s physical, intellectual, emotional and social needs and then explain how I would use my interpersonal skills in doing this. I will obtain my information from books and the internet.
Duty of care is legal obligation to ensure the well-being of a service user, safeguard service users from harm while they are in your care.
Providers must act in the best interest of the patient and their basic obligation is to do no harm and work for the public’s wellbeing. A physician shall always keep in mind the obligation of preserving human life. Providers must communicate full, accurate and unbiased information so patients can make informed decisions about their health care. As a result of their recommendations, providers are responsible for generating costs in health care but do not generate the need for those expenses. Every hospital has both an ethical as well as a legal responsibility to provide care, even if the care may be uncompensated.
When dealing with an ethical dilemma, social workers usually reference back to Reamers 7-step process to help with ethical decision-making. In the given case study, we meet Lori a bright fourteen-year-old who is smart, involved in school activities, and sports. She has had a non-normative impacted life since she was young, such as her mother dying of breast cancer and father dying as well. She has no immediate family and was lucky enough to be placed in a foster home with a family who loves her and wants the best for her.
I have come to fully understand that in order to treat my patients in a way that is person centred, I have to treat each person as an individual and realise that every individual has different needs and different rights and preferences to me which may go against my morals and beliefs but I always have to maintain my professional boundaries and treat each individual with respect and dignity. If I was a nurse who witnessed a similar situation to Kat’s, where another healthcare professional was disregarding my patient or any patients views or requests I would go into the patient’s room and find out what the problem was. Then I would politely ask the healthcare professional to step outside of the room and I would gently remind them of the code of ethics ((Kozier, Erb's & Berman, 2010, p.97) and the Registered Nurses standards of practise (2016), and how every individual has the right to make their own independent decisions about their healthcare needs/goals based on their own values, morals and beliefs. I would further explain that the patients are our main priority and it is our responsibility as nurses’ to ensure that the patients are safe and are receiving the proper care. I would then explain to the patient what was happening and apologise to them about the situation, and I would rearrange and try to negotiate with the patient when the procedure could be performed. Then I would notify the Nurse Unit Manager on the ward to ensure that situations like this do not occur
Philando Castile was driving in his car with his girlfriend on the road in Minnesota when he was stopped by a police officer. It was meant to be a routine stop for a broken taillight, but things went horribly wrong. He was licensed to carry a firearm and told the police officer as much when he approached. However, according to the girlfriend’s statement, the police officer shot him as he was reaching for his driving license. He was shot four times and bled out from his injuries while the police watched. The incident added to the tensions that have been building up regarding how people of color are treated by police officers. Mr. Castile was shot in spite of not drawing a weapon and the officers on the scene did not try to keep him alive even as he was alive for a few more minutes; as the video shows. Activists saw the action as
Throughout the recorded history of man, there has been a series of questions continually asked by each generation. ³Who are we? Where are we going? Why? Is there a God?² Are just a few of the questions that continue to engage the minds of so many today. But perhaps the most difficult one to really grasp has to do with the theories of ethics and morality, or in layman¹s terms, ³What is good and bad, and how do we live our lives to uphold the good while shunning the bad?² As time has gone on there have been many theories and ideas proposed, ranging from the divine hand theory (dealing with how organized religion handles the matter of ethics), from utilitarianism (short version maximizing pleasure while minimizing pain, ethical egoism on a grander scale really), to the vague theories of Immanual Kant, (who stressed the theory of universal law, categorical imperatives, and what would happen if we applied it, supposedly). With all these great philosophical minds over the course of eons working on the problem with ethics, I find it rather ironic that no one pays heed to what one of the greatest minds in history, Socrates ( circa 470 B.C. to 399 B.C.) had to say concerning this question of morality. Socrates, seemingly was able to create a whole ethical theory based on a single statement, ³One must never do wrong, even for wrong received.² Words he uttered literally on his death bed just days before his execution took place in Athens. Simple words, yet with such magnitude and underlying meaning that we must examine this further in order to fully understand it.
According to the American Nurses Association (ANA), (2010) “the nurse promotes, advocates for and strives to protect the health, safety and rights of the patient” (p. 6). Nursing responsibilities should be acted upon at the highest standard and must be based on legal and ethical obligations. Healthcare provider’s perception and judgment of the patient’s well being, as well as taking into account the rights of the patient in every action, is one of the key elements in nursing practice. International Council of Nurses (ICN) (2006) states “The nurse at all times maintains standards of personal conduct which reflect well on the profession and enhance public confidence” (p. 3).
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
Ethical issues arise daily in the healthcare world. The manor in which issues are addressed vary. “There are, it might be said, as many histories of nursing ethics as there are individual ethicists and professional or cultural contexts” (Guildford 2010, p.1). “A code of ethics is a fundamental document for any profession. It provides a social contract with the society served, as well as ethical and legal guidance to all members of the profession” (Lachman 2009, p.55). According to Lachman, since the original ANA Code from 1950, the significance of service to others has been consistent. Two changes in the code have occurred since the original. First, not only the patient is being treated, but the family and community where they live are also considered.
Professional standards are defined as the legal or ethical duty of a professional in a particular field to exercise the level of diligence, skill, and care as stipulated in the code of practice. Normally, an individual is expected to be consistent with what other professionals in the practice are engaging in to comply with the expectation of the profession. On the other hand, institutional ethics is defined as the application, evaluation and articulation of values and moral principles that are related to the organization’s procedures, practices, and policies (Holloway & Wheeler, 2013). Perhaps, in the case studies below, health care institutions and professionals are involved thus prompting the need to examine their
Understanding of ethics and the consequences of not following the principles laid out by the code of ethics can be very hazardous to a person or to a community as a whole.
Pettersen (2011) the autonomous relation a father would have with their child. The ethics of care would define self through interpersonal relations rather than autonomous interactions.