Though, it makes basic sense to assume that if one aims to be a ‘good’ person, they are likely to make decisions that they intend only to do ‘good’. gov. Schizophrenia. So, although useful in guiding problem-solving, they must not be the only consideration. I have also considered how the law can sometimes conflict with ethical thinking, though essentially this takes priority. Ultimately, the practitioner must be able to rationalise any decision they have made (Morrison, 2009). Mary has been known to mental health services for around three years, and is currently being treated for a psychotic illness. There have been many theories that attempt to take a systematic approach to reaching a decision from an ambiguous situation, and these date back to BC350, with the work of Aristotle (Cohen, 2000). Most Common Legal and Ethical Issues in Business. We use cookies to give you the best experience possible. Their efforts to keep Mary safe, whilst being virtuous, are not necessarily going to be the most beneficial in the long-term. An ethical decision for Mary using the Utilitarianism approach would be one which allows for most of the involved parties to be comfortable and content (Melia, 2004). Mary’s care team initially reacted to the potential safeguarding issue appropriately. London: UK Edwards (2009) Nursing Ethics a Principle based approach London:Palgrave Elder, R. , Evans, K. , Nizette, D. (2009) Psychiatric and Mental Health Nursing. Essay, Ask Writer For 1997) Causing Death and Saving Lives. As we have written in NAEYC books about professional ethics, when faced with a challenging situation in the workplace, the first thing an early childhood educator needs to do is to determine whether it is an ethical issue. Oxford: Oxford University Press. Phillip Ruge. 5th Edition. Often there will … This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). iThese d… In contrast, the correctional nurse may face ethical situations daily. This would also ensure that practice remains legal, and protect the practitioners from having action taken against them. Nurses are highly accountable to patients, the public, employers, and the entire profession. In other words, it is an occasion where a moral standard is questioned. He proposed that individuals should strive to behave in a virtuous manner, and that when achieved this would allow them to know what would be the right thing to do (Cohen, 2000). Conversations between a physician and a patient are strictly confidential, as is information about an individual’s medical condition. They are able to justify the potential stress that Mary is placed under by considering that she may be caused further harm were she to return home. In fact, you know that it can be a LOT complicated. This is where the practitioners involved could be called into question. It would appear that little emphasis has been placed on longer-term plans or consequences, apart from thinking about looking at alternative accommodation. Ethics is a branch of philosophy that is responsible for studying the principles that govern the conduct of an individual. Ethical conflicts are usually best resolved through direct engagement with the parties involved. Another important point to add is that Mary may be being discriminated against due to her apparent Learning Disability. However, we must consider that patients with a psychotic illness typically experience either delusional beliefs or hallucinations, or both, and therefore at times the content of their conversation is likely to be removed from reality (Royal College of Psychiatrists, 2011). In combination, the use of ethical frameworks, guidance from the law and professional accountabilities should prove to be the best way of delivering care (HPC, 2008). According to Jonsen et al, this would not have been deemed to be ethical. This is obviously concerning enough that action is being taken to prevent her from going home. For example, until recently, the possession or use of marijuana was illegal in the State of Colorado. She has become increasingly distressed on the inpatient unit and her relationship with carers has been adversely affected. Ethical Concerns For the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. These increasingly affect people's daily lives. We will be looking at the legal and ethical issues and the implications of these issues in this case study that could impact the RN, EEN and family members of Mrs. Davis as well as the care facility. I feel it reasonable at this point to define the point of interest for this essay. Later, I will explore how the law might take priority over ethical frameworks. Specific provisions of the Health Insurance Portability and Accountability Act, or HIPAA, define exactly what information can be released and to whom. London: UK Schwartz L, Preece P, Hendry R (2002) Medical Ethics A Case-Based Approach London Saunders Thompson,I. A factual knowledge of. It seems that Mary was not involved in the decision making processes, and furthermore, was not made aware of her rights to object. We will be looking at the legal and ethical issues and the implications of these issues in this case study that could impact the RN, EEN and family members of Mrs. Davis as well as the care facility. Whilst the ‘Four Principles’ theory is inclusive and straightforward to use, it does not recognise all elements that may occur within an ethical dilemma, such as cultural or religious needs (Jonsen et al, 1992). In case you can’t find a sample example, our professional writers are ready to help you with writing For example, most organisations will have a code of ethics and/or a code of conduct in place to inform the work of their staff. When you run a business you know that things can always get a little complicated. It would be reasonable to say that Mary has suffered harm, by way of having an extended hospital admission whilst accommodation is sought; that the relationship with her carers is tainted; that she has remained unsettled and acutely distressed at times, whilst being on the ward. London: DH (Available on-line at http://www. Workplace Issues: Ethical and Legal Physical Work Settings The physical position of the individual affects the performance of employees, and some of the factors that include temperature, noise, lighting, the size of the working area and the type of materials that make an impact on staff working with these factors (Granger 2010). This presents an ethical dilemma: are the service justified in infringing Mary’s privacy, even though her vulnerability is only perceived and there is no evidence to suggest any actual abuse? Just because something is legal doesn't mean it's ethical. Get Your Custom Essay on, By clicking “Write my paper”, you agree to our, By clicking Send Me The Sample you agree on the, Legal Ethical & Professional Issues In Counselingg, Professional, Ethical & Legal Issues in Nursing Practice, Ethical, Professional and Legal Issues in CCTV Surveillance, The legal, ethical and professional dimensions of the Operating Department Practitioner (ODP), https://graduateway.com/legal-ethical-and-professional-issues/, Get your custom | Warberton, N. (1999) Philosophy: The Basics. Ultimately, and despite the decisions coming from a positive place, her rights and opinions seem to have been ignored, and as such do not follow legal protocol. your own paper. When a child is hungry and he stole a loaf of bread from a shop to feed. When they do, it is imperative to recognise that one is experiencing an ethical dilemma. hpc-uk. Below, we outline a few of the legal and ethical issues that can affect a business, and how you can prevent them from being problems in the first place. In the mental health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives and health-care professionals. However, I must point out that, in accordance with university and professional guidance, the confidentiality of patients, colleagues and services will be protected throughout (Nursing and midwifery council, 2008). The ISSUES-Concept from McMaster University, Hamilton, Canada is an example of ethical decision making frameworkIt is applicable at personal, professional and organisational levels both between and within groups. An ethical decision would therefore be deemed so, based upon the consequences being beneficial and of no harm (Schwartz et al, 2002). It’s an undeniable fact – many issues today are scrutinized to find out whether they are either legal or ethical. After two days in respite care, Mary became very distressed and subsequently retracted her accusations. This also places weight upon the consequences of a decision, and aims to achieve the greatest good for the greatest number (Schwartz et al, 2002). From personal privacy online, to the appropriate uses of new technology, to copyright and intellectual property on the Internet, the legal and ethical issues in … Mary is suspected to have a learning disability, though formal assessment of this has not been available, as Mary has moved around the country a great deal throughout her life. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. Here is a list of current ethical issues in business, and some possible solutions. Available on –line at http://www. Though in reality, this is not always the case, and, religious or cultural differences could also cause huge variations in outcomes (Jonsen et al, 1992). This theory goes some way towards explaining how a decision may be deemed ethical if a practitioner believes it is the right thing to do, and that it falls in line with their own moral code, which seems to have been the case with Mary. There does not appear to be any of the former, though there may be points about the law that have been overlooked. • Explicit code of ethics: Written policy that specifies what is ethical … The discussion will also consider the legal, ethical and professional issues surrounding covert medication. You can get your custom paper from Lianna Bassie. This essay is to examine the case study scenario of Mrs. Davis a resident at the Sunnyside day respite care center. Health care professionals continually face ethical and legal issues in the workplace, putting them at risk for burnout. The South Australia Department for Families and Communities (DFC) is … The third principle; ‘beneficence,’ refers to actions that result in a benefit to the patient. Having been assessed by the Consultant Psychiatrist, Mary has been deemed to have the capacity to make decisions about where she lives (Mental Capacity Act 2005), though this has not been acknowledged and she is going to be placed in supported accommodation. ISSUES ABOUT ETHICS IN RETAILING Issues in retailing are divided into two broad categories viz. Dealing with ethical issues will always be a factor in the field of nursing. By mapping the chosen scenario against recognised theories, I have explored ways in which Mary’s care could reach a moral ground. The case I am going to draw upon for this essay is that of ‘Mary’ and her carers. London: The Health Professions Council. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. This could be to do with giving or withdrawing treatment, or as simple as sharing risk information (Glover, 1997). In this situation, I think the practitioners would struggle to do this, as the main motivator seems to be based on perceptions, rather than facts. (2001) Principles of Biomedical Ethics. It is also important to point out that Mary’s carers are also vulnerable in the sense that they have been accused of such an act. I will use this to demonstrate how Mary’s circumstances could be applied and resolved. This will hopefully bring about a situation where Mary’s care is justifiably ethical, legal and positive for her and her carers. Therefore, one must rely on experience, inherent knowledge, instinct. For Mary, it would appear that practitioners have not approached their decisions in a systematic way. Legal issues in TV and Film By Sean Maguire 2. One theory that does have a workable approach is that of Beauchamp and Childress’ (1989) ‘Four Principles’. Though this is not always clear and the answer not always readily available. In Mary’s case, the consequences have been acknowledged and considered at length by the practitioners involved. However, it fails to address the wider issues and does not provide a practical application that will aid problem-solving (Campbell et al, 2005). Mary will not remain an inpatient in the long-term and therefore will be able to continue a relationship with her carers as she wishes, once discharged. Definition: Ethical issues in business is a situation where a moral conflict arises and must be addressed. However, as society evolves, what constitutes legal behavior also changes. Life as a business owner may have been easier 100 years ago, but the conditions were pretty terrible for workers. Though, despite having been supposed to have this capacity, her autonomy was overlooked regardless. Another theory that talks of ethical actions is that of Immanuel Kant in the 18th century. Legal issues in tv and film 1. Though it is widely popular, the consequentialist perspective fails to identify how subsequent contentment can be measured, and does not account for unpleasant side effects experienced by those who are not content (Thompson et al, 2000). This would contravene the Disability Discrimination Act (1998). After Mary’s capacity was called into question, following a relapse of her mental health, it was deemed to be present. They have an explicit duty of care towards keeping Mary safe and well. Legal, Ethical and Professional Issues Ethical Dilemma Within healthcare, practitioners often have to make difficult decisions regarding the care of their patients. Their ‘Four Quadrant Approach’ outlines that four criterion must be satisfied, in order of priority, for a decision to have moral value. org/publications/standards/index. Practitioners cannot control the decisions Mary makes about the company she keeps and therefore her vulnerability remains. One could assume that health care practitioners ould or should have a virtuous character, being in a care-giving role (Morrison, 2009). That said, it does place emphasis on the needs and wishes of patients, and therefore is particularly applicable within health care (Beauchamp and Childress, 2001). The presence of any disability may prevent Mary from retaining or understanding information that is presented to her, and therefore the practitioners have a responsibility to adapt the way they present this information (Caulfield, 2005). Values permeate everything we do in healthcare and sometimes these values come into conflict. ... • Offer real-life examples to help employees make decisions in all levels of the organization. They often clash and work with each other. To facilitate this discussion, I will identify a scenario from practice that has presented an ethical dilemma. By continuing we’ll assume you’re on board with our cookie policy, The input space is limited by 250 symbols. This is also stated within the professional code of conduct, and is placed at the essence of nursing skills. Key learning points. Mary’s current situation is that she is in an inpatient unit against her will, she is being stopped from having privacy and time with her carers, and her distress levels continue to increase, that understandably are having a negative impact on her mental health. Here are the 10 most common ethical issues … Five controversial examples are ethical but not legal. As we know, practitioners are accountable to their patients, their employer, and their professional bodies (NMC, 2008) (Tilley and Watson, 2004). To reach a more acceptable level, I feel that it should be a priority for Mary to be referred for an advocate; for her and her carers to be offered psychological intervention and psycho education, so that vulnerability can be address; and for Mary to be housed somewhere near to her family, in a place that will support her to develop her independence and coping skills. (2016, Nov 13). The difficulty with this theory is that on occasion, the duties of people involved may conflict (Schwartz et al, 2002). Conversely, should Mary be allowed to return to her home, she could be subject to harm by carers, for which the practitioners would then have to carry some responsibility. An ideal outcome would be that Mary is appointed an advocate, so that she aware and able to express her opinions and concerns about her care. Mary identifies these carers as her grandparents, and calls them as such. Though this is a simplistic explanation, the essence of Aristotle’s perspective appears somewhat idealistic and archaic. This is probably the oldest ethical issue in business. ‘Ethics’ is an important term within health care (Edwards, 2009). London: Churchill Livingstone. The first principle; ‘respect for autonomy,’ indicates that patients should have the right to make informed decisions about their care. The remainder of this chapter focuses on health care issues and planning for health decisions. The second principle; ‘justice,’ relates to an action that is fair and equitable. Mary had a visible bruise on her shoulder, which she stated was caused by a punch. This essay is to examine the case study scenario of Mrs. Davis a resident at the Sunnyside day respite care center. id=38 Human Rights Act (1998). Both legal and ethical are often used in the same context in terms of issues and social situations; both words can be applied in almost any situation, private or public, even in the realm of professions. What are examples of legal and ethical issues? With this in mind, the following assignment will draw upon an ethical dilemma and explore how theoretical perspectives can be utilised within the decision making process. An urgent outpatient appointment with the consultant psychiatrist was arranged and Mary was subsequently admitted to hospital due to relapse of symptoms. However, this is a short term measure and does not address the issue of Mary’s vulnerability. It was legal to do so, but the ethics of increasing the costs of a medication people depend on is dubious. #1 Being Aware of New Trends. Otherwise, all patients should be deemed competent. You have a patient who is HIV and HEP C positive and you are aware of this because that person is a patient of yours. I feel it would be appropriate for Mary and her carers to be offered family intervention by a psychologist. ... the ethical and legal implications of the following topics will be discussed here, with those of particular relevance to the duties of the dental nurse being covered in greater detail. In the case of Mary, it can be appreciated that the practitioners involved feel they need to protect her from potential harm. (2000) Aristotle’s Metaphysics [Available online at: http://plato. This action is ethical because a child is hungry and he wants something to eat but this is illegal because stealing is illegalized throughout the world. In addition to this, the presence of suspected learning disability may have heavily influenced the practice of those involved. Hope T, Savulescu J, Hendrick J (2008) 2nd edition Medical Ethics and Law The Core Curriculum London Churchill Livingstone HPC (2008) Standards of Conduct, Performance and Ethics. Ethical, legal and environmental impacts of technology The use of computers has brought about environmental, ethical and legal issues and concerns. part a: term paper questions & answers – legal and ethical issues in childcare 1)Record the relevant government agency that deals with child protection in your state – South Australia. Mary was assessed as having capacity to make decisions about where she lives. In addition to the marketing, financial, human resources and other challenges small-business owners face, legal and ethical issues of operating a business loom as another stumbling block. The second point is that Mary was not consulted about her preferences or given the opportunity to make a choice. It would be fair to say that her quality of life is minimal at the current time, as a direct result of decisions being made about her care, without her input. Sorry, but copying text is forbidden on this website. I will now draw upon theory to explore what actions should be taken by the professionals. Ethics regards standards of moral judgement and professional conduct. Practitioners working with Mary should support her carers with working through this and developing an increased awareness of Mary’s difficulties. "You must agree to out terms of services and privacy policy", Don't use plagiarized sources. Equal pay for both genders. Ethical issues occur when a given decision, scenario or activity creates a … Taylor and Francis Group Webb, C. (1992) ‘The use of the first person in academic writing: objectivity, language and gate, Legal, Ethical and Professional Issues. important frameworks that provide guidance on how to respond to legal and ethical issues that are likely to arise through your work as a service provider. | Caulfield, H. (2005) Vital Notes For Nurses: Accountability. Kant states that consequences are irrelevant when trying to determine what the right thing to do is. In Mary’s case, her autonomy has been ignored – she would like to be able to return home to live with her carers and would like unsupervised contact with them, but this has been denied. The final principle; ‘non-maleficence,’ states that practitioners should not do harm in the course of their work. dh. Mary does not appear to have benefitted from the decision to keep her from returning home. During a routine visit with her care coordinator a few months ago, Mary became very tearful and disclosed that she had been suffering verbal and physical abuse from both carers. Phillip Ruge. Though there is a relationship between the two, the concepts are not interchangeable. I am now going to acknowledge the importance of legal implications in Mary’s case. Word count: 2983 References Beauchamp, T Childress, J. , (1989) Principles of Biomedical Ethics. 1. As highlighted, there are strengths and limitations of each theory and not all can be applied in every situation. Mary remains in hospital and is having contact with her carers but this is being supervised by staff, despite there being no substantiated concerns. Harris et al. Ethical principles depend on the situation in which a person encounters and varies from one individual to another. His theory of ‘Deontology’ focusses upon duty and what ought to be done in a given situation. Lianna Bassie. London: Penguin Books| Griffith, R. , Cassam, T. , (2010) Law and Professional Issues in Nursing. Therefore it will also be pertinent to draw upon the law, and how this influences actions within health care. It seems fair that this assessment was carried out with Mary, following concerns about her vulnerability following the retraction of her disclosure, and also in light of some indication that she may have learning difficulties. All you need to do is fill out a short form and submit an order. The rapid rise of technology has raised a host of legal and ethical issues that are unique to the 21st century. Just because a business practice is legal doesn’t mean it’s ethical. Ethical and legal issues, being two kinds of issues that are often brought up especially in organizations, are two terms that often clash with one another and at the same time working with one another on different occasions, as well. There’s a lot to manage between what you want and your employees, partners and even the law. If you need this or any other sample, we can send it to you via email. stanford. London: Sage Publications Mental Capacity Act (2005). Legal & Ethical Issues in Retailing 2. What are the legal and ethical issues in healthcare? London:UK Morrison, E. (2009) Health Care Ethics: Central Issues for the 21st Century. Though a practitioner may feel that they are practicing in a morally ‘right’ way, and that it is for the benefit of those involved, it may not necessarily fall in line with the law. The first of their points is that there must be an indication for medical intervention; that is that practitioners should have cause to act in the first place. Unlike ethical considerations, there are established penalties for behaving in a way that conflicts with the law. A branch of the consequentialist theory is that of ‘Utilitarianism’. The main legal issues in the healthcare system relate to medical negligence, informed consent and confidentiality. An opposing perspective is that of ‘Consequentialism,’ which places great emphasis on the potential outcomes of a decision (Gillon, 1994). Learning Matters Hope, T. Savulescu, J. Hendrick, J. The career is full of tough decisions and caring for other people. However, once this was dismissed, there were no longer any grounds to continue to intervene. This places little emphasis on Mary’s personal views and feelings however, and is a drawback of the concept. 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