Ethical Legal Dilemmas in Nursing Essay

2393 WordsNov 8, 201310 Pages
Ethical Legal Dilemma in Advanced Practice Nursing Ethical Legal Dilemma in Advanced Practice Nursing The profession of advanced practice nursing is characterized by several attributes, one of them being the delicate balance between the law and the ethical code. One may argue that the legal system was designed around ethical principles but in the following paper, the author will attempt to point out the distinctions that separate and define legal and ethical reasoning. A thorough discussion regarding legal interpretation, coherence and logic will be supported by case law as well as analysis. In contrast, the function, problem and logic of ethical reasoning will be outlined along with…show more content…
As dermatologists are “allowed” to prescribe antipsychotic medications if they are “comfortable,” then regulatory law does not really apply in this situation. Previous cases have determined that there are several viable treatment possibilities, leaving the physician open to choosing the treatment that best suits the particular patient and their circumstances. Coherence in Legal Reasoning The consistency of legal reasoning can be attributed to its ability to explain how decision are made (Dickson, 2010). The decision by the NP to partake in a multidisciplinary approach to treatment abides by the underlying issues at hand. The patient is viewed as unstable and in need of psychiatric care as well as primary medical care for and apparent infection. These two diagnoses are considered during the treatment planning stage. Logic in Legal Reasoning By examining the relevant factors in a case, the NP must consider that the fiduciary gain of performing an unnecessary biopsy would support illogical reasoning in this case. An activity is considered fraudulent when the person knowingly engages in the act for the purpose of achieving some monetary gain (Theoharris, 2013). In addition, the ethical consequences of such an act undermines the principle of nonmaleficence because the biopsy would essentially harm the patient by causing him undue pain (Schatzberg & Nemeroff, 2009). Case Law The

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