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Introduction
The legal and ethical issues are analyzed for the purpose of discussion and clarification so as to arrive at a consensus and in case of a problem, a resolution to be identified. Legal and ethical guidelines assist in understanding patient’s right in regard to their illness and care. Clinical ethics are able to observe the ethical implication of medical policies, treatments and attention so as to determine procedures that need to be followed in delivery of appropriate health care. This paper will analyze two scenarios that are given so as to determine the legal/ethical issues associated with each of them. A discussion in regard to issues that relate to legal/ethical issues in regard to the scenario will also be outlined.
Federal
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This is because the ethical action that the patient has been providing is the most applicable decision to be followed despite the fact that the patient is unconscious and she may not be in a position to change her mind. There are ethicists who insist that an ethical action provides the best alternative in a manner that balances the harm susceptible to happen. For instance, in the given scenario, the treatment team advising that the ventilator be put in place would be the best strategy to treat the patient so as to avoid major issues such as death. Withdrawal of the use of life support would lead to consequences that would be against her living will to preserve life, hence even if the patients will is being violated, the consequence of death is avoided. On the other hand, any motives by the hospital not to advice the family of the consequences of not saving life which is wrong since their profession is to protect their patients, the state can sue them since it is considered their …show more content…
This approach aims at interlocking relationships within the society on the basis of ethical reasoning so that respect and compassion especially for vulnerable groups of people is protected. This approach sensitizes attention to the conditions which are important strategies that everyone would like to experience. From the scenario, it can be considered that the husband, was advised by the treatment team that the only assistance that would be feasible to protecting the wife would be the use of the ventilator. Out of sympathy to his wife, he may have decided to consider using the best treatment method he thought of in saving her life. On the other hand, the children may be considered as a means of not respecting life when they are requesting the withdrawal of ventilator treatment to be
Today, there are so many legal dilemmas dominating trial for the courts to make a sound legal decision on whose right in a complicated situation. Despite the outcome of the case, the disagreement usually has a profound effect on the healthcare organization, and the industry as a whole. Many cases are arguments centered around if the issue is a legal or moral principle. Regardless what the situation maybe, the final decision is left to the courts to differentiate between the legality issues at hand opposed to justifying a case based on moral rules. According to Pozgar (2012), an ethical dilemma arises in situations where a choice must be made between unpleasant alternative. It can occur whenever a choice involves giving up something good and suffering something bad, no matter what course of action is taken (p. 367). In this paper, I will discuss cases that arose in the healthcare industry that have been tried and brought to justice by the United States court system.
Healthcare creates unique dilemmas that must consider the common good of every patient. Medical professionals, on a frequent basis, face situations that require complicated, and at times, difficult decision-making. The medical matters they decide on are often sensitive and critical in regards to patient needs and care. In the Case of Marguerite M and the Angiogram, the medical team in both cases were faced with the critical question of which patient gets the necessary medical care when resources are limited. In like manner, when one patient receives the appropriate care at the expense of another, medical professionals face the possibility of liability and litigation. These medical circumstances place a burden on the healthcare professionals to think and act in the best interest of the patient while still considering the ethical and legal issues they may confront as a result of their choices and actions. Medical ethics and law are always evolving as rapid advances in all areas of healthcare take place.
The ethical principle of nonmaleficence demands to first do no harm and in this case protect the patient from harm since she cannot protect. Nurses must be aware in situations such as this, that they are expected to advocate for patients in a right and reasonable way. The dilemma with nonmaleficence is that Mrs. Boswell has no chance of recovery because of her increasing debilitating mental incapability and the obvious harm that outweighs the intended benefits. If the decision were to continue treatment, suffering of the patient and family would be evident. Autonomy is the right to making own decisions and freedom to choose a plan of action. When making decisions regarding treatment of another person, it is important to respect the expressed wishes of the individual. John says that his mother would want to live as long as she could, but questions arise related to her quality of life and perception of prolonged suffering by prolonging the dying process. In BOOK states that quality of life changes throughout one’s life ...
Health Care workers are constantly faced with legal and ethical issues every day during the course of their work. It is important that the health care workers have a clear understanding of these legal and ethical issues that they will face (1). In the case study analysed key legal and ethical issues arise during the initial decision-making of the incident, when the second ambulance crew arrived, throughout the treatment and during the transfer of patient to the hospital. The ethical issues in this case can be described as what the paramedic believes is the right thing to do for the patient and the legal issues control what the law describes that the paramedic should do in this situation (2, 3). It is therefore important that paramedics also
Death is a frequent visitor of the intensive care unit; patients in this area are at the very peak of their illnesses, many of them being nonverbal. As well as figuring out how to communicate with your patients, one might also have to accept the fact that the case could be medically futile and nothing can be done other than make the patient as comfortable as you can for the remainder of their stay. Recent news headlines have brought this topic closer to home, often if you are not in the health care field or studying to enter the health care field you may hear about these topics on television or the radio but they do not take up place in your conscious thoughts. Hearing about Brittany Maynard made me stop and ask myself what would I do, if I were in her shoes, or if I was a nurse in the hospital that was treating her, and the answer is I do not know. Ethical dilemmas such as this are complicated and there is often not a black and white answer, we live in the gray areas, it is about finding what is right for that patient and being able to accept the fact that their beliefs may not be the same as your
My initial response to the issues was only based on the hospital policies regarding the care of the patients within the hospital. However, when I was guided down the different paths and made to look through the different ethical lens, I found it tough to do so and seem to resort to my core values of autonomy and rationality. By putting the patients’ first, hospital policies, and then their loved ones in the first scenario, I determined that a compromise was necessary. Whereas in the second scenario, I feel as no agreement was needed just staff education (EthicsGame Simulation, 2016). In this particular case, Carlotta, the RN shift supervisor, needed further training to understand the hospital policy on who is or is not considered to be family (EthicsGame Simulation,
“Public health is controversial because, depending upon how it is defined, it may challenge people’s values and demand sacrifices” (Schnieder 2017: 23). Although the overall goal is to create a policy that is inclusive of every group, this is almost impossible. It is impossible because there are too many conflicting views between each group. Public policy may also have a positive or a negative impact on the economy. One of the major conflict with public health policy is that it may be guided by religious beliefs. For example, issues such as AIDS, other sexual transmitted disease, teenage pregnancy, and low birth rates (20) are some of the major issues that end up being controversial when it comes to religion.
This paper will address the ethical dilemma of informed consent vs the right to refusal of treatment by the patient. I will show the
Ethical principles in healthcare are significant to the building blocks of mortality. The principles are beneficence, autonomy, justice, and nonmaleficence. Although these principles can be certainly followed they can also be disregarded. Beneficence is a theory that assures each procedure given is entirely beneficial to that patient to help them advance within their own good. For example, There was a young girl, the age of 17. She had been being treated at a small private practice since she was born. She was recently diagnosed with lymphoma and was only given a few more years to live. Her doctors at the private practice who had been seeing her for years were very attached to her and wanted to grant this dying girl her every wish. They promised
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.
In critical and complicating medical cases, family members often find it tedious to decide as to what mode or procedure of treatment is idyllic for the recovery of their patient. In such cases, well-qualified and medically educated can play a pivotal role in deciding the kind of treatment that should be given to the patient to enhance its recovery. In a contrary situation a nurse may know that administering a particular drug may improve the patient’s condition, but may be refrained from conducting the required action due to doctor’s absence or non-permission. There are numerous cases through which ethical dilemmas in the profession of nursing can be discussed. Nurses in order to remain within the defined boundaries ...
At times, ethical questions do arise when the correct path is not present or when there is a disagreement between the medical professional and the patient. Common ethical questions could arise which include
The goal of medicine: restore health, minimize harm, and maximize benefits. In many cases, end-of-life patients may get to a point where resuscitation poses harm rather than benefits. The ‘Do Not Resuscitate’ (DNR) orders allow a patient to decide whether or not a healthcare professional may resuscitate them in the event of cardiac or respiratory distress. However, the topic is controversial as it sparks debates concerning ethics. In a speech to families of hospice patients, Dr. David Jones passionately proves the need for Do Not Resuscitate orders to offer optimal care for patients by explaining the reality of resuscitation, the power of advance directives, and the necessity of compassion.
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
Several ethical principles that are incorporated in the nursing care of patients on a daily basis are nonmalificence, autonomy, beneficence, justice, fidelity and paternalism. Nurses should strive to comply to as many of the principles as possible. In this case there are principles which support and conflict with the wishes of the patient. The first principle that supports the wish of the patient is autonomy. Autonomy means that competent patients have the right to make decisions for themselves and the delivery of the healthcare that they receive. Another factor that would support the patient’s wish to not be resuscitated is nonmalificence. Non maleficence means that nurses should not cause harm or injury to their patients. In this case the likelihood of injury after resuscitation was greater than if the patient were allowed to expire. A principle that could have negatively affected the outcome of the provision of ethical care was paternalism. Paternalism is when a healthcare provider feels that they know what is best for a patient, regardless of the patient’s desire for their own care. I demonstrated the principle of paternalism because I thought that I knew what was best for the patient without first consulting with the patient or family. This situation might have had some very negative consequences had the patient not have been competent. Practicing a paternalistic mindset might have caused a practitioner in the same instance to force their ideas about not resuscitating the loved one onto the family. This could have caused a sense of remorse and loss of control of care amongst the