Ethical And Legal Issues In Nursing Essay Text

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Ethic is the branch of philosophy that deals with how we ought to live, with the idea of the good and with concepts such as right and wrong. Ethics is the study of good and bad, of moral duty and moral obligations and concerned with doing good and avoiding harm pojman2009. We, healthcare professionals encounter ethical issues which are not new for all of us. It is important for nurses to understand the ethics and appreciate the value of ethics in their work as they can deliver well with professional care. In conjunction with relevant nursing laws, which propose the minimum standards of care which must be achieved, these principles not only serve to protect the individual requiring healthcare but also as guidelines to the nurses themselves in order to resolve difficult situations.

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It should be noted however that it is difficult to create laws that are neither too specific nor exclusive as each patient case presents a unique situation. As such, current laws provide a considerable amount of flexibility in decision making by the professional. By law all health professionals must strive to achieve the optimum care for any individual. Irrespective of the specialist field, the basis of a nurses rsquo relationship with patients requires that nurses have an understanding of ethics in order to remain professional and subsequently make the correct choices for a particular scenario. The ukcc code of professional conduct ukcc 1992 is a guide for nurses and midwives on professional practice. This guide states that a nurse must avoid committing professional misconduct through an action or omission which harms the patient.

Nurses in all forms of practice have the duty to inform patients as much as possible on their health situation. The patients rsquo illness should be clearly explained along with the available types of treatment, the care available and prognosis. This is important not only to make the patient feel more empowered, as lack of knowledge can lead to feelings of helplessness, but also so the patient can make important decisions on their care and treatment. One of the main ethical principles to which nurses must adhere is lsquo respect for patient autonomy rsquo 2.

If the patient is deemed to have the capacity to make decisions upon the treatment they want then their requests should be fulfilled. However it remains unclear whether the nurse commits an offence if patient health is compromised further due to patient wishes being fulfilled2, nurses must explain their reasoning behind what treatment they think would be most suitable for a patient. The desire for nurses to adhere to the ethical guidelines may become difficult when the treatment requested by the patient is considered harmful by the nurse or indeed where the patient refuses to have the treatment or care that is offered2.

Nurses, as a result, may consider whether, acting against patient autonomy can be justified. Patient rationality may be affected by either the illness itself or the emotional stresses of having a serious illness. So whilst patient autonomy is a key ethical principle which nurses can support via information provision, two other principles, beneficence and non maleficience, must also be considered2,5. Specialist nurses work in a defined field of nursing, for example clinical nurse specialists and oncology nurses.

Considerable time spent with the patient results in greater levels of trust ensuring the patients feel supported. Specialist nurses are often faced with critically or terminally ill people, where fear becomes a factor for the patient. Specialist nurses may see the patient they have been involved in the care of for some time deteriorate rapidly. With modern day technology providing more effective life sustaining interventions nurses face even more difficult choices e.g.

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Should artificial nutrition and hydration be provided? through conversation with the patient the nurse may know that the patient would not wish to be kept alive in this manner. But what is right? if the technology is available to sustain that life but the patient does not support the treatment, what is the correct judgement? ultimately you would consent to the patients rsquo , wishes however conflict with family members could arise. Apart from in a limited number of countries, such as the netherlands, euthanasia is not an acceptable act. However cases in the media have brought this deeply controversial topic into the public arena. Euthanasia represents an important topic as it involves both legal and ethical considerations.this is particularly important for specialist practice nurses, where care can often continue up until the death of the patient.

Nurses, being the main contact for information and advice, would have a key role to play in euthanasia should it ever become legalised. The first, active euthanasia, is not deemed acceptable at present and is the causing of death through direct action. Nurses, with their daily contact with patients would know the patients rsquo desires.

Sometimes cases regarding end of life decisions need judicial review as stated previously laws are fairly flexible so when dispute arises court intervention is required to assess individual cases. As in the case of diane pretty, who was in the latter stages of motor neurone disease and wanted her husband to help her die6. For specialist palliative care nurses looking after a patient with terminal cancer for example, a nurse may feel a moral obligation to ease the suffering of the patient or the patient may request assistance from the nurse. A nurse must ensure that the patient is kept as comfortable as possible but remember the legal implications of her actions. A nurses rsquo action is this situation would be influenced by both legal and ethical reasoning. There is a need to maintain boundaries with the patient so when ethical dilemmas arise judgement can be made from a professional standpoint devoid of emotional attachment as this could impair judgement and decision making skills4.

Whilst it is important for the nurse to maintain a good relationship with the other medical staff, from a legal and ethical perspective, primary duty is to the patient. What can or should be done for the patient versus the wishes of the patient’s physician conflicting. Introduction the ethical dimensions of code of professional conduct elevate various issues regarding the patients’ autonomy and informed consent in clinical nursing and midwifery practice. This essay is an overview of the patient’s right to accept or decline their treatment as a part of patients’ autonomy. missing works cited length: 2256 words 6.4 double spaced pages rating: purple price: $17.95 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. Nursing responsibilities should be acted at the highest standard and must be based on legal and ethical obligations. Healthcare provider’s perception and judgment in the patient’s well being as well as taking into account the right of the patient in every action is one of the key elements in nursing practice.

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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. Furthermore, nursing action guided by theory and principles of moral and legal rights complements excellent nursing care. Nurse’s awareness in moral and legal codes helps them control the complicated scenario 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 o. And duties of the care provider to promote exceptional nursing practice codes of nursing ethics and legal legislation have addressed almost all the necessary action in making decision in consideration to the best interest of the patient. Nurses must make sure that they are all guided by the set standard to lead their action and produced desirable and ethically sound outcome.

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