Nur 391 Ethical And Legal Issues In Nursing Research Paper

Ethical and Legal Issues in Nursing
Sherry Cox, Talia Mukhlis, Siobhan Wilson
NUR/391
February 23, 2015
Lisa Alexander
Ethical and Legal Issues in Nursing
Ethics and societal values are part of what makes each individual unique. We all form our opinions based on what we believe in our hearts to be the right way to act and think. As nurses, sometimes these personal values correlate with our professional beliefs, and sometimes they may not. There are times that we may have religious or philosophical views that are not in conjunction with the opinions of the patients or families we care for. When this occurs, we must focus on what our professional code of ethics dictates is an appropriate response.
“A code of ethics is a written public
document that reminds practitioners and the public they serve, of the specific responsibilities and obligations accepted by the profession’s practitioners. The Code of Ethics for Nurses, written by the American Nurses Association, is intended to guide registered nurses in all practice settings with all types of clients” (Chitty & Black, 2010, p. 70). Provision 2, 3, and 5 of the Code states that “the nurse 's primary commitment is to the patient, and the nurse should promote, advocate, and strive to protect the health, safety, and rights of the patient”; in addition,” the nurse owes the same duties to self as to others, including the responsibility to preserve integrity and safety” (ANA, 2001). Therefore, the ethics committee reviewing the case of Maryanne in the six caps exercise, would base their decision on what is best for the patient, regardless of the controversial wishes of the family. For the critical thinking exercise, the nurse should also refer to this code and realize that the obligation is primarily to the patient.
“Although many people are unaware of it, values help them make small, day-to-day choices, as well as important life decisions. A value is an abstract representation of what is right, worthwhile, or desirable" (Chitty & Black, 2010, p. 293). In the case study of Maryanne, her husband wants her to receive every necessary treatment possible, in the hopes that his wife may live again. His decision-making process seems to be based on his own personal values that he must do whatever is possible to keep his wife alive and with him. The societal values of the nurse and the ethics committee would be more concerned with the idea of sustaining life far beyond the point of useful, meaningful existence (Chitty & Black, 2010, p. 381). They will consider whether or not the patient will have any arguable chance of surviving this incident with surgery, and if the patient will have any quality of life after.
The values of a nurse should be based on, or similar, to the ANA’s Code of Ethics in the sense that the patient should always come first. “A wise nurse who is aware of deep personal values and moral standards will make decisions regarding practice setting so the nurse 's personal integrity remains intact, while putting patients and their needs first” (Chitty & Black, 2010, p. 101). For the critical thinking exercise, the nurses’ and societal values shouldn’t be conflicting; both would be focused on the justice of the neglected patient first and foremost. In the two case studies, the fundamental legal aspects and responsibilities of the nurse are very similar. Although nurses have their own personal values and beliefs, there is a set of guidelines in place to help them when faced with a legal or ethical dilemma. Nurses have an obligation to provide care and do no harm to the patient. In the case of Marianne, a 79-year old woman who is unable to make decisions for herself and has no advanced directive, the nurse must be an advocate for the patient. Provision 3 of the ANA’s Code of Ethics (2011) states that “the nurse promotes, advocates for, and strives to protect the health, safety, and rights of the patient” (p. 5). The family is provided with support and are educated about all of the aspects of the patient possibly undergoing the procedure as well as what the possible outcomes may be. Nurses have their own personal beliefs, but must strive to remain unbiased. Although the family is at odds regarding the care they want to be provided, the nurse 's first obligation is to the patient. The ethical committee will evaluate the case and help the family make an informed decision that will be in the best interest of the patient.
In the malpractice case, the nurse must uphold the law.
According to Blais and Hayes (2011) “when called into court as a witness, the nurse has a duty to assist justice as far as possible” (p. 91). She must answer all questions honestly. If she does not remember, then she should say so or rely on the notes that she has taken. She should not fear any repercussions from her employer. The incidences were reported to the facility at the time, and yet the hospital did nothing. As in the first case, the nurse must also be an advocate for patient safety. She has a legal responsibility to report the negligent nurse. This is in the best interest of the patient as well as any future patients that the nurse
encounters.
In conclusion, the two case studies result in the nurse putting the needs of the patient first.
“Professional nurses engage with persons as they face myriad health decisions and desire to have straight thinking about issues involving choices of human health and quality of life” (Milton, 2014, p.201). Patients look to nurses for that ability to think clearly when they cannot. In the critical thinking exercise, the nurse must advocate, defend and protect that patient as well as patients in the future by being as honest and accurate in the malpractice hearing as she is able. In reference to the six caps exercise the nurse must put her own feelings aside and again advise the family as to what will be in the best interests of the woman who is unable to speak for herself. The family has the options of including the ethics committee in making their final choice as to how to proceed in the decision regarding their family member. As nurses, we are called upon to do much more than just provide health care. We must always utilize the information and guidance available from the American Nurses Association Code of Ethics when we have questions as to how proceed in the advocacy or protection of our client. Despite having our own unique morals and values as people, we must remember that when we are performing as nurses, we must put aside our personal preferences and stay faithful to the oath we took to protect and do no harm to the patient we care
for.

References
Amercian Nurses Association. (2015). Retrieved from http://www.nursingworld.org
American Nurses Association. (2001). Code of Ethics for Nurses with interpretive statements. Silver Spring, MD.
Blais, K. K., & Hayes, J. S. (2011). Professional Nursing Practice: Concepts and Perspectives (6th ed.). Retrieved from University of Phoenix eBook Collection Database
Chitty, K. K., & Black, B. (2010). Professional Nursing: Concepts and Challenges (6th ed.). Retrieved from University of Phoenix eBook Collection Database
Milton, C.L. (2014). Straight thinking and ethics in nursing. Nursing Science Quarterly, 27(3), 201-203. doi: 10.1177/0894318414534495