Summary Of Ethical Issues In Nursing

1. Ethics is broadly concerned with the human flourishing and wellbeing and the construction and maintenance of a peaceful society in which all may benefit. (Staunton & Chiarella, 2012).
2. Bioethics is the ethical approaches to medicine that must be practical. It must be a systematic approach that uses reason to define what ought or ought not to be done, either as action or process (Staunton & Chiarella, 2012).
3. Nursing ethics are intended to provide definite standards of practice and conduct that are essential to the ethical discharge of the nurse's responsibility. It is a guide to making ethical decision and practice that indicates to the greater community the standards in which nurses are expected to uphold (Nursing and Midwifery Board
of Australia - Guidelines, 2005).
4. Autonomy is the right to self-determination and the ability to control what happens to us and how we behave, however, this is only acceptable if it does not adversely affect the rights of others. It allows us to act accordingly to our own knowledge and judgement, providing care within our scope of practice (Staunton & Chiarella, 2012).
5.
Non-maleficence means ‘to do no harm’. This links closely with the principle of bioethics as it asserts and obligation not to inflict harm intentionally (Sundean & McGrath, 2013).
6. Beneficence is the action taken for the benefit of others. Beneficent actions can be taken to help prevent or remove harm, or to simply improve the situation of others (Sher, 2011).
7. Justice is categorised into two meanings, the first being the right to fairness and equality in every situation regardless of social, environmental, educational or cultural background. The second being there is an equal distribution of both burdens and benefits in relation to resources, such as appropriate staffing or a mix of staff to all clients (Antipuesto, 2011).
8. Rights in relation to the nursing profession, recognises the universal human rights of people and the moral responsibility to protect the dignity and equal worth of everyone. This includes recognising, respecting and protecting the wide range of civil, cultural, economic, political and social rights that apply to all human beings (Nations, 1978).
9. Civil Law allows us to individually or collectively resolve disputes or differences of a personal and property nature that may arise between members of the community, that we may be unable to resolve ourselves (Staunton & Chiarella,
2012).
10. Common Law is the decision established by judges and courts over a period of time (Glossary of legal terms, 2015).
11. Statute Law is legislation that has been passed through parliament and has the power to take precedence over common law. State and Federal Parliament have the power to pass laws within their jurisdiction. Some laws differ from state to state, however statutes passed in Federal Parliament apply to all of Australia (Staunton & Chiarella, 2012).
12. Vicarious Liability is a common-law doctrine. It is the burden of liability on one person for the negligence of another within their course and scope of employment that has caused damage as a result. An employer is vicariously liable for negligent acts or omissions by his/her employee’s regardless of whether or not permission was given to act in such a way (Staunton & Chiarella, 2012).
13. Open Disclosure is the open discussion of incidents that result in harm to a patient while receiving health care. This being either with the patient, their family, carers and other support persons (Standards, 2013).
14. Precedent is the final outcome in common law cases and are used when similar cases arise. Precedent allow other judges to take into account the penalty previously given (Meek, 2016).
15.
Defendant the person defending or denying; the party against whom relief or recovery is sought in an action or suit, or the accused in a criminal case (Staunton & Chiarella, 2012).
16. Plaintiff is the party who initiates a lawsuit by filing a complaint against the defendant(s) demanding damages, performance or court determination of rights (Staunton & Chiarella, 2012).
17. Trespass was initially in Tort Law any wrongful conduct directly causing injury or loss, however today it is known as the intrusion to someone’s person or property without consent/permission (Farlex, 2016).
18. Damages are awarded by the court to the plaintiff to compensate the civil wrong committed by the defendant. The purpose of damages is to restore an injured party to the position they were in before being harmed. Damages are calculated by the plaintiff’s loss or injury to property, person and quality of life (Smith, 2015).
19. Harassment is the behaviour that targets an individual or group that offends, humiliates, intimidates or creates a hostile environment (Government, 2009).
20. Assault is an act that creates fear in another person of an impending, harmful, or offensive contact. The act is the threat of harm accompanied by an apparent, present ability to carry out the threat (Staunton & Chiarella,
2012).
21. Battery is the intentional touching of, or application of force to the body of another person in a harmful or offensive manner without consent (Staunton & Chiarella, 2012).
22. False Imprisonment is the unlawful restraint of a person against his/her will by someone without legal authority or justification (Staunton & Chiarella, 2012).
23. Defamation is a false statement in which a person’s reputation is hurt or damaged wrongfully. Libel is the communication of false information in permanent forms, written publications, video tapes etc., and slander is the communication of false information in non-permanent forms such as speech or actions.
24. Right to Refuse is the doctrine that a person, even if involuntarily committed to a hospital, cannot be forced to submit to any treatment against his/her will unless a life or death emergency exists (Staunton & Chiarella, 2012).