ETHICAL AND LEGAL ISSUES OF HEALTH CARE

Ethical and Legal Issues of Health Care Jeffrey B. Viernes Nurs 220 February 28, 2012 Sally Talezaar, MSN, RN.

ETHICAL AND LEGAL ISSUES OF HEALTH CARE

Among the various professionals throughout the health care system, it is the nurses who spend majority of their physical time with patients and their families. Nurses acquire specific roles in which care giving, educating, and advocating become a second nature. Although nurses have the opportunity to help the wounded and sick, nurses are also faced with numerous ethical and legal issues everyday. In a medical standpoint, ethical and legal issues include significant standards that must be followed by health care professionals during the care of clients. Through research, Ulrich et al. (2010) claimed that the most frequently occurring ethical and legal issue includes the protection of patients rights. In most occasions ethical and legal issues can oftentimes arise in the mental health field. Issues in this field may also include protection of rights and most importantly the autonomy and informed consent to the treatment of clients with a mental illness. Protecting patients rights and providing autonomy and the consent to treatment are two of the many issues that nurses must face everyday in mental and other clinical settings. One of the basic protocols a nurse and any other health care provider must follow is the protection of a patients right. According to Ulrich et al. (2010), more than half of the nurses in their research study stated that the protection of patient rights was their most recurring issue. There are multitude rights listed among the patients of the health care system. Patient rights include health care providers or physicians providing information regarding the different treatment options (Zomorodi, and Foley, 2009). Another right includes the patients ability to obtain a copy of a medical record, and the right to keep them private without restriction. It is highly stressed among health care professionals to protect patient privacy. Privacy breach issues can occur in countless amount of ways. For example, nurses with little experience may find themselves discussing patient information in congested areas, or such areas away from a hospital setting. Legal consequences can be enforced from just the slightest error. Such errors may

ETHICAL AND LEGAL ISSUES OF HEALTH CARE

include the faxing or mailing of medical records to an incorrect number or address. Although it is an issue that can sometimes be overlooked, the protection of rights is an issue that nurses and health care providers must take into serious consideration. It is a concern that cannot be stressed enough in any clinical setting. Another ethical concern involves the autonomy and informed consent to treatment. The act of informing a patient of the various treatment options is one of the many patient rights. It is an ethical concern that is often occurring in the areas of mental health. In a research study, Ulrich et al. (2010) states that autonomy and informed consent is the second most frequent ethical issue. Patients with mental illnesses are at risk of receiving inadequate information regarding treatment methods such as pain or symptom management. According to Zomorodi and Foley (2009), mentally ill or challenged patients are more inclined towards the act of paternalism. Paternalism can be seen frequently in which the health care provider or nurse has the ability to override a patients decision with the goal of benefiting his or her health (Zomorodi, and Foley, 2009). The role of paternalism in mentally ill patients has the ability to bypass the function of promoting independence, including the patients lack of notifying the treatment options that are available. Paternalism is a technique that also ignores a patients values and beliefs. It is the nurse and health care providers responsibility and legal right to promote autonomy and the informed consent of all treatments to every patient, primarily mentally ill patients. Legal and ethical issues play an important role in the health care system. These issues that currently exist in the health care system include the protection of patient rights, promotion autonomy and the consent to treatment. Health care providers and consumers are identifying many of the ethical and legal issues that exist. Issues are noted to help maintain and improve the responsibilities that are designated by our health care providers. Knowledge of the various

ETHICAL AND LEGAL ISSUES OF HEALTH CARE

ethical and legal issues will allow patients and their families to become aware and will be taken into consideration before or during the access the health care system. Although legal and ethical issues have oftentimes established a negative outlook, its recognition will supply the health care system with a brighter future.

ETHICAL AND LEGAL ISSUES OF HEALTH CARE References

Ulrich, C., Taylor, C., Soeken, K., O'Donnell, P., Farrar, A., Danis, M., & Grady, C. (2010). Everyday ethics: ethical issues and stress in nursing practice. Journal Of Advanced Nursing, 66(11), 2510-2519. doi:10.1111/j.1365-2648.2010.05425.x Zomorodi, M., & Foley, B. (2009). The nature of advocacy vs. paternalism in nursing: clarifying the 'thin line'. Journal Of Advanced Nursing, 65(8), 1746-1752. doi:10.1111/j.13652648.2009.05023.x