Violation of Nursing Laws: Illegal Action or Ethical Dilemma

Ethical issues have always affected the role of the professional nurse. Efforts to enact this standard may cause conflict in health care settings in which the traditional roles of the nurse are delineated within a bureaucratic structure. Nurses have more direct contact with patients than one can even imagine, which plays a huge role in protecting the patients’ rights, and creating ethical issues for the nurses caring for the various patients they are assigned to. In this paper I will discuss some of the ethical and legal issues that nurses are faced with each and every day.

As the nursing profession progresses throughout the years, its nature becomes more complex in meeting the professional standards and codes of ethics that are required by all nurses. The American Nurses Association has a specific code of ethics that each nurse should follow and adopt as their own beliefs. The public and the patients should be the priority when providing care in the healthcare setting. The knowledge and education that nurses’ gain is valuable and allows them to encourage health, avoid illness, restore health, and aid in coping for those who are all ill. (LeMone, pp.192) Given that the code of ethics is put into place, there are many registered nurses who violate these codes in various situations. The following will discuss

Nurses rely on personal knowledge and their professional skills to provide ethical care (Creasia & Friberg, 2011). In everyday practice, nurses must balance the needs of their patients against those of the organization, society and themselves. They strive to deliver the highest level of care for patients, but adjusting for limited organizational and personal resources often requires difficult decisions. This paper explores the following scenario suggested by Maville and Huerta: “You are a nurse providing home care to a mother, and you suspect child abuse after observing the mother’s reaction to her child” (as cited by Arizona State University, 2014). When faced with a moral dilemma, a competent nurse incorporates ethical, bioethical and legal considerations. In the proposed story, incorporating the nursing ethics of advocacy, beneficence, nonmaleficence and collaboration will guide the nurse towards an appropriate and legal course of action.

Castledine, G., 2005. Case of the deputy ward manager who broke patient confidentiality, British Journal of Nursing, [e-journal] 14 (19), Available through: Anglia Ruskin University Library website [Accessed 24 November 2012].

He could also be putting his employer at risk for a lawsuit as well, as employers are ultimately responsible for his or her employee’s actions. Jerry must make himself familiar with the scope of practice as an LPN, and the code of ethics for nurses, to ensure he makes the correct decision for the patient and himself.

Many other problems popped up the healthcare facilities where this individual previously work could be huge trouble because of the poor judgment of this individual. This problems could be results in lawsuits on top of lawsuits for this organization. Years can passed before all the lawsuits settle as a result a huge amount funds would gone to the patients and the lawyers. Because of the poor judgment, it can result in a great cause for the organization, it would be in violation of HIPAA policy and it can be shut permanently or charge of very high finders because of this problem. Also, if the facility doesn’t get shut down, many of the patients can remove themselves from this healthcare facility because of the fear

There are laws in place that protect a patient in the health care setting. The Health Insurance Portability and Accountability Act of 1996 or HIPAA, as it is known in the healthcare field, was designed to protect the privacy,confidentiality and security of patient information (Pozgar, 2013).Employees the health care field are very aware of HIPAA and the rights of their patients. All staff knows that patient information can only be discussed with qualified individuals on a need to know basis. Speaking about cases outside of work is strictly prohibited. Photography or recording of any patient interaction is also a breach of a patient's rights as well. The problem with this is that there are many policies in place to protect the

In 1996, President Clinton and the US Congress passed/signed the act of HIPPA. HIPPA was enacted to maintain confidentiality of their patient’s information and to protect health insurance coverage for families and workers when they lose or change their job (portability). HIPPA set standards to respect the individual’s rights by exercising such procedures, authorizing and disclosing information. This means that anybody that works at a daily clinical or administrative job should never under any circumstances speak about the patients. If HIPAA violations are violated, this can greatly impact the person working in the medical field. Not only are violations expensive, but the penalties for noncompliance is based on the level of negligence. Criminal

Ohio, long-term care facilities, had several incidences of abuse not adequately investigated by the facility or reported to the Ohio Department of Health within 24 hours. Therefore, the subsequent reports due within five days were not completed (Ohio Health Care Association, 2016c). The staff members involved in the alleged abuse were not removed from patient care immediately and were permitted to work one week past the incident. The primary reason for not properly reporting these issues was that the nurse was “so busy that she did not think about it” (Ohio Health Care Association, 2016b, p. 2). “

As a professional health care worker, the implication confidentiality breach regarding ethical dilemmas are significant to nurse and patient. The information disclosed can cause problems on a personal and professional level. Breach of confidentiality occurs when the heath care work discloses the patient 's medical or personal information without the patient 's informed written or verbal consent. Confidentiality is needed between the nurse and the patient to maintain a good open and honest relationship between both parties. There are several ethical implications regarding breach of confidentiality, for example,

I blew the whistle in this situation when the lack of ethical care for residents and work ethics fell short of the normal standards. As a care provider one must always be aware of that the dignity of the client when it comes to their care. I return to my regular position after three months of working graveyards to find that the residents were being brought to the dining room in the hospital gowns. There was no regard for the resident’s dignity. Their backs were exposed and often the gown was exposing their chest. No one took in count how the resident must feel going into the dining room so exposed. The staff could of a least put on clothing over top of the gown or a sweater to hide what they were wearing. And use a lap blanket so they

4. Is it legal for the company to terminate an employee because of something they did away from work?

It is believed generally that to be a whistle blower is a bad thing but in all you are standing for the rights of the patients. Ultimately, you are acting as the patients’ patron where they have no voice to air their views or opinions. It is possible to claim that if medical organisations had appropriate infrastructure on ground to ensure that the concerns and needs of its employees are addressed and acted upon whistleblowing would not occur.

Other concerns are conversations within the hospital cafeterias/lobbies about patients and their families, and employees sharing information throughout the hallways without a “need to know.” Once employees discover their colleagues looking at patient information without a “need to know basis,” and, other wrong doings according to the agency’s standards, their own sense of what is right and wrong instantly comes into question. Reporting the unethical behavior, the employee who had discovered the violations of patient rights is presented with a number of difficult choices. The legal basis for imposing liability for a breach of confidentiality is more extensive than ethical guidelines, which dictate the morally right thing to do.

The ethical dilemma is a situation by which it’s difficult to determine whether a situation is can be handled without disappointing both sides. Therefore, an ethical dilemma exists when the right thing to do is clear or when members of the healthcare team cannot agree on the right thing to do. Ethical dilemmas require negotiation of different points of view (potter, Perry, Stockert, & Hall 2011pg 78).