The Ethical And Legal Implications Of The Health Care Industry

By the 1960’s, states began to reconsider the legalization of abortion in response to the high rate of hospital admissions resulting from illegal abortions and a change in public opinion (“Abortion in Law, History, and Religion”). By the early 1970’s, 17 states had altered their abortion laws towards liberalization (“Abortion in Law, History, and Religion”). In 1973, the Supreme Court declared in Roe vs. Wade that most existing state laws were unconstitutional. The case ruled out any legislative interference in the first trimester of pregnancy and put limits on what restrictions could be passed on abortions in later stages of pregnancy (Sauer).

In some ethical and legal respects a pregnant woman and her fetus can be considered separate. Both the woman and the fetus are ordinarily affected by the well-being of one another for as long as each of them live. The ethical and legal issues are challenged deeply in cases where the well-being of the fetus and the mother appear to be in conflict. Our society struggles with identifying cases where the pregnant woman’s interests and/or behaviors might put her fetus at risk. Criminal and/or civil commitments should be used to bar pregnant women from exposing their fetuses to risk.

According to the Diagnostic Statistic Manual 5 (DSM-5) substance use disorder is when the individual has a dependency on alcohol or drug, followed by penetrating craving and antisocial behavior to acquire the substance. The terms substance abuse and substance dependence refer to substance use disorder, which has been separated into three classifications as follows

Since the 1980’s, debate about how society should deal with the problem of criminalizing pregnant women who abuse drugs or alcohol has become a nationwide issue. Many states argue that the primary concern is making sure women have healthy pregnancies and healthy children. However, policies that threaten women with criminal prosecution and the potential loss of parental rights drive women away from pregnancy-related care. Constitutionally, enacting states to create these laws is unsound and places women in situations of risk. Less than a week ago a bill was sent to the governor of Tennessee after being approved by both the house and the senate, that would allow for women to be prosecuted if she takes an illegal drugs while pregnant. Although this bill is made to seem like it is promoting healthy pregnancies, many groups are urging the governor to veto it.

Mary Anne Warren (p.195-196) points out the exceptional circumstances of pregnancy; where one human is entirely biologically reliant on another and where it is impossible for complete personhood rights to not be in conflict between the foetus and the mother. Consider the following case. A mother and an expecting mother both express an intent to kill their child or unborn child respectively. Services are available to take the postnatal children from their mother without affecting her body. Yet to protect the foetus, one would have to imprison the mother until birth, or worse, force a caesarean on her. Warren (193) points out that forced caesareans are not merely a hypothetical

Care for pregnant women is even more dismal, considering their additional health needs” (p. 11). The quantitative report goes on to state that many pregnant offenders have undiagnosed or untreated conditions that can increase the pregnancy risks and contribute to poor birth outcomes. Mothers Behind Bars surveyed all 50 states regarding prenatal care and found: 43 states did not require medical examinations as a component of prenatal care; 41 states did not require prenatal nutrition counseling or the provision of appropriate nutrition; 34 states did not require screening and treatment for high-risk pregnancies; 48 states did not offer advice on activity levels and safety during pregnancy; 45 states did not make advance arrangements for deliveries with particular hospitals; and 49 states failed to report all incarcerated women’s pregnancies and their outcomes (The Rebecca Project for Human Rights and the National Women's Law Center, 2010). Researchers did not list under limitations of their findings if obstetric care was provided inside or contracted to an outside care provider. This information would have been beneficial and may have affected the state’s responses to the survey questions. Ferszt and Clarke (2012) conducted a qualitative survey of 50 wardens, a warden at a women’s correctional

FACTS: in 1973 with the passing of Roe v. Wade, women were guaranteed, under a right to privacy in which the woman has the right to choose whether or not to get an abortion, however, this right was not confirmed to be absolute. Nearly 20 years later, in the case of Planned Parenthood v. Casey, the “central holdings” of Roe v. Wade were reaffirmed, by providing limits in which federal and state governments can regulate abortion. Unfortunately, conflict arose between Casey and Roe, when trying to ensure the woman still has a right to choose, which lead to allowing a prohibition of late-term abortions, unless the health of the mother was at stake. Next, in 2000, the case of Stenberg v. Carhart forced the court to consider a Nebraska state law that was passed banning late-term abortions and whether the statute was unconstitutional, which it was found to be, because the statute did not include an exception for the health of the mother and that the language used was so broad that it burdened a woman’s right to choose. Then, in 2007, the case of Gonzales v. Carhart raised the issue once again on a federal law that had been passed, the Partial-Birth Ban Act of 2003. The lower courts claimed it to be unconstitutional because of the lack of exception for the health of the mother. This Act however, was found to be constitutional and The Supreme Court decided to look once again at the precedent, under stare decisis

In Roe v. Wade, in 1973, the Supreme Court held a case that a pregnant woman has the full privacy right to have an abortion. The right to abortion is not guaranteed and must be stable against the State’s countervailing benefits in keeping the health of the woman and in protecting the life of the unborn child. The State’s belief in protecting the health of the woman becomes definite, therefore greatly enough to support state ruling of abortion under the strict scrutiny standard of judicial review; after the first trimester, which is the stage of pregnancy when abortion becomes dangerous to the mother carrying the child to term. The State’s concern in protecting the life of the unborn child becomes irresistible, after possibility, the stage of pregnancy when the unborn child is capable of independent life. Because neither interest is irresistible before the second trimester, the State may not regulate abortion in the first trimester either to reserve the woman’s health or to protect the life of the unborn child. After the first trimester the State may control the act of an abortion, but only for the purpose of protecting the woman’s health, not for the purpose of protecting the life of the unborn child. After viability, the State may regulate, and even forbid, abortion to protect the life of the unborn child, except when the act of abortion is needed to

The rationality of those who support the punishment of addicted mothers focus on the idea that maternal conduct could lead to potential detrimental effects upon the fetus and that prosecution of such behavior would serve as both retribution for the fetus and as a deterrent. Whereas those who advocate for the pregnant women view this rational as not only impermissible but also unconstitutional as in current legal standing the fetus has no rights that usurp those of the pregnant woman (Stone-Manista, 2009, pp.823-856). Advocates also suggests that the breadth of forces that lead to drug use in pregnant women have a prevalent cultural and social foundation that the proponents for deterrence and retribution ignore in favor of strict scrutiny. This conflict between women’s rights and fetal rights has caused a paradigm in the prosecution of pregnant drug users as the interpretation of criminal sanctions argues over the definition of ‘child’ as encompassing fetuses in the definition would then lay the foundation for punishment for a woman’s conduct during pregnancy (Stone-Magnets, 2009, pp.823-856). Though currently it is unconstitutional and legally impermissible to prosecute women with state child abuse statutes in regards to drug use during pregnancy; advocates of fetal rights continue to follow

A “Substance Use Disorder” is new to the DSM-5. Previously, the terms “abuse” and “dependence” where used instead. In general, the DSM-5 considers a Substance Use Disorder to be recurrent drug use that causes impairment and continued use despite substance use related problems. The DSM-5 also focuses on how substance use causes a change in brain functioning. The change is primarily responsible for intense drug cravings, as well as repeated relapses. Finally, the DSM-5 divides the criteria for Substance Use Disorder into four groupings: impaired control (Criteria 1-4), social impairment (Criteria 5-7), risky use (Criteria 8 and 9), and pharmacological criteria (Criteria

Nurses are constantly challenged by changes which occur in their practice environment and are under the influence of internal or external factors. Due to the increased complexity of the health system, nowadays nurses are faced with ethical and legal decisions and often come across dilemmas regarding patient care. From this perspective a good question to be raised would be whether or not nurses have the necessary background, knowledge and skills to make appropriate legal and ethical decisions. Even though most nursing programs cover the ethical and moral issues in health care, it is questionable if new nurses have the depth of knowledge and understanding of these issues and apply them in their practice

It is important that we act in a way that is ethical, legal, and commendable. Medical professionals struggle with healthcare dilemmas that are not experienced by the general public. Medical-ethical decisions have become increasingly complicated with the advancement of medical science and technology. (Fremgen) Just like the government has laws for citizens, not having laws in healthcare would allow people to do anything they want. It is important that we study the ethics and laws of healthcare, because if we were put in a situation it is essential that we know the difference between right and wrong. In the article I found, it talks about a nurse who refuses to give CPR to an older woman who collapsed in a senior residence where she works. This article has many more ethical issues than legal issues.

Everyday, healthcare professionals are faced with ethical dilemmas in their workplace. These ethical dilemmas need to be addressed in order to provide the best care for the patient. Healthcare professionals have to weigh their own personal beliefs, professional beliefs, ethical understandings, and several other factors to decide what the best care for their patient might be. This is illustrated in Mrs. Smith’s case. Mrs. Smith is an 85 year old who has suffered from a large stroke that extends to both of her brains hemispheres which has left her unconscious. She only has some brain stem reflexes and requires a ventilator for support. She is unable to communicate how she wishes to proceed with her healthcare. Mrs. Smith’s children, Sara and Frank have different views regarding their mother’s plan of care. The decision that needs to be made is whether to prolong Mrs. Smith’s life, as Sara would like to do, or stop all treatments and care, as Frank feels his mother would want. In the healthcare field, there are situations similar to this case that happen daily where moral and ethical judgment is necessary to guide the decision that would be best for the patient. The purpose of this paper is to explore and discuss, compare and contrast the personal and professional values, ethical principles, and legal issues regarding Mrs. Smith’s quality of life and further plan of care.

Chapter 14 and the DSM IV defines substance abuse as “a maladaptive pattern of substance use manifested by recurrent and significant adverse consequences related to the repeated use of substances” (Ashman, 4th edition 2013, pg. 442).

The health care industry continually deals with the lives of individuals and is bound by the ethical and legal aspects that influence decisions of health care professionals in their clinical practice. This essay aims to discuss the various issues and ethical dilemmas that arise with regards to the consent of consumers. In the attempt to explore these points, different literatures are used to shed light on this topic. This paper begins by defining what consent is and the role of nurses or the health care team in being an advocate of the patient when requiring consent. It moves on with the discussion of ethical frameworks, which are recognized nationally and internationally, as these carry significant influences in health care decision-making. The essay also brings out the essence of ethical theories and its relevance to consent giving. It then tackles the similarities and differences of the Code of Ethics and ethical guidelines relevant to both nursing and midwives as both professions work closely in the care of mothers, children and families. Issues and views from experienced professionals in these fields are presented and critically compared. It then considers both ethical and legal aspects, which seeks arguments and rational implications. The last topic points to the social and spiritual factors pertinent to consent that impact the society particularly on the care of patients and concludes by summarising discussed points and arguments about consent.