Paper Example on Legal and Ethical Dilemmas in Nursing

Introduction

The nursing profession is characterized by multiple attributes which in the long run end up being sources of a dilemma. The whole issue is centered on ethical and legal perspectives in the line of duty. There exist a thin gap and hence an imbalance between the law and the ethical code of conduct. Nurses are subjected to many ethical and legal roles in line with their profession. The primary duty is the respecting of patients' autonomy and cares accorded to all patients (Milstead, 2013). A breach of these professional duties has legal implications. The American Nurses Association stipulates the roles of a nurse in advocating for the health, safety, and rights of the patients. It further clarifies nursing functions should be performed with the highest level of accountability alongside ethical and legal obligations. The opinion and judgments of the health personnel are one of the major components of the nursing practice. The International Council of Nurses puts clear that nurses must ensure the highest levels of professionalism while dealing with matters concerning patients. Nurses must have a vast knowledge of ethical and legal expectation in their work. There are three main duties which are a measure of professionalism among nurses. Autonomy, confidentiality and above all caring for all the patients without discrimination are the known measures. These duties are complimented with other principles that guide the nurses. Nursing code of ethics and legal obligations interestingly conflict one another creating the matched hyped dilemma.

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Lena's scenario is a manifestation of how serious the dilemma is. She has a decision to make and either way there are consequences. Confidentiality and autonomy (Carvalho, Reeves, & Orford, 2017) are put to the test here. Accidentally, she has a career to protect and at the same time family comes first. Considering family means she has to breach her professional code of practice and will likely be arrayed in court. Confidentiality is one of the primary aspects of the nursing code of ethics. Confidentiality implies merely that the nurse or any other medical specialist should not disclose the information of their condition without involving. However, some cases appear to be a bit tricky, and the nurses are forced to disclose the situation to family and parents. This can happen for example if the patients are unconscious and cannot identify or have no idea of the form of treatment to be offered. However, some are still adamant that their information should never be availed to family and friends. Such a scenario put the nursing profession in general in a test. The existing laws are not clear on what is to happen in such a situation, and the only option is to follow the will of the patients to avoid punishment from. In most cases, complying with this confidentiality may have a negative effect on the patient. A conflict is evident in such situations, and hence the nurses have to access on and internalize on the consequences that will arise once there is a breach of confidentiality (Ellis, Hartley, & Berger, 2001). It reaches to point where the rights of the patients have to be defiled but after a serious analysis of the condition. Even the nursing Doctrines on Confidentiality allow for disclosure of information of information to the public as a way of saving a life or avoid serious harm.

Nursing ethics are of the notion that nursing is a collaborative field and hence patients should have the assurance of autonomy may it be physical in the sense of body or spiritual regarding beliefs. The law governing autonomy is almost similar to that of confidentiality (Milstead, 2013) and has loopholes in it too. However, the law outlines the least behavior required as far as physical consent is concerned. This is the point where a real conflict exists. Complying with the law is mandatory while application of ethical autonomy is at a personal level and eventually may have unintended consequences. Basing confidentiality and autonomy on Lena's case, it is very difficult to identify what step to take and avoid the negative side. Following her profession and nursing code of ethics, Lena is supposed to maintain confidentiality and hope all other things run smoothly. It is however not the easiest thing to maintain such secrets especially if they affect family members directly. The autonomy of the patient ought to be respected.

In the healthcare industry, legal and ethical concerns are common especially when it comes to nursing. Nurses are the people who are entrusted with the individual and personal information of the patient on a daily basis. Apart from confidentiality and autonomy (Reinhardt, U. E, 2010), ethical issues comprise of many other aspects. Transplant and donation of organs assisted suicide, and genetic manipulation are some of the ethical issues. Unfortunately, many nurses have no background information on their legal obligations as well as ethical issues in their daily activities. This has caused public outcry on the accountability and professionalism of the medical team. Despite the training nurses undergo, more education is supposed to be provided to them so that they can understand the available legislation in a better way.

Conclusion

Understanding of the law enables nurses to provide their services diligently without fear or favor. A reasonable nurse is never discriminative and takes care of the society as a whole and not the family members alone. The best thing for Lena to do is provide counseling (Rosdahl & Kowalski, 2002) to her sister's boyfriend. That way, he will be able to understand the importance of leading a healthy life where the relatives are aware of his status. On counseling, he will probably come to his senses and reveal the condition to his girlfriend. After counseling, Lena will have done her part diligently. Better legislation should also be put in place to deal with the unending dilemmas existing in the healthcare sector.

References

Carvalho, S., Reeves, M., & Orford, J. (2017). Fundamental aspects of legal, ethical and professional issues in nursing.

Ellis, J. R., Hartley, C. L., & Berger, K. (2001). Nursing in today's world: Challenges, issues, and trends. Philadelphia, PA: Lippincott.

Milstead, J. A. (2013). Health policy and politics: A nurse's guide (5th ed.). Burlington, MA: Jones & Bartlett Learning.

Reinhardt, U. E. (2010, January 30). Repercussions of simplicity: New York Times, p. A14. Retrieved from http://www.Walden-Library.com

Rosedahl, C. B., & Kowalski, M. T. (2002). Textbook of basic nursing. Baltimore, MD: Lippincott Williams & Wilkins.