1-The Ethical and Legal Concepts and Terminology

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The ethical and legal

concepts and
terminology
Objectives
Up on completion of this lesson, the student will be
able to:-
1. Define the terms used in ethics.
2. Discuss the development on nursing ethics.
3.Illustrate the distinctive nature of nursing
ethics
4. List the sources of values
5.State the importance of studying ethical and
legal issues for nurses
Outlines
1. Introduction.
2. Definition of terms used in ethics.
3. Development on nursing ethics.
4. Distinctive nature of nursing ethics
5. The sources of values.
6. The importance of studying ethical and legal
issues for nurses.
7. Summary.
Introduction
Nurses as health service providers and members in health systems are
responsible for giving care to the clients and patients based on ethical
issues. Nurses need ethical knowledge to conduct their appropriate
function to manage situations and to give safe and proper legal and ethical
care in today's changing world. With regard to practical care, nurses
always try to answer the question of “What can I do?” whereas they should
try to answer what is essential to be done for the patients in the context of
ethical principles. Ethics seek the best way of taking care of the patients as
well as the best nursing function.
 
Definitions of terms used in ethics
1. Ethics: 
Ethics refers to standards of right and wrong;
good and bad that prescribe what humans
ought to do.

Example:
Standards that impose the obligations to avoid
doing harm such as; stealing and murder.
2. Nursing ethics:
Nursing ethics is a branch of applied ethics that
concerns with activities in the field of nursing
practice.

Note:
Nursing ethics shares many principles with
medical ethics, such as beneficence, non-
maleficence and autonomy; but distinguished by its
emphasis on relationships, human dignity and
collaborative care.
3. Health care ethics / bioethics:
It refers to an application of ethical theories and
principles to moral issues or problems in health care.

4. Ethical system: 
A specific formula for distinguishing right from wrong.

5. Unethical: 
An action violates the principles of one or more ethical
systems, or counteract to an accepted ethical value.
6.Beliefs:

It is an internal idea may be proven or unproven.


Notes:
 It builds based on faith than facts.
 It is more fixed and difficult to change.

e.g.:
1. I belief that there is another life after death.

2. Patients will get better with good care.


7) Attitude:

It is a way a person express his/her beliefs and


values.

Note:
Attitude is a constant feeling and settled behavior.
e.g.:

1. I love Egypt.

2. I hate school.
8. Morals: 
It is a system of determining right and wrong that is
usually established by some authority, such as a mosque
or church, an organization, a society, or a government.
Notes:
 It shaped from what you value.
 It concerned with dealing with right or wrong behavior
(conduct) and character.
 It is the established rules of conduct to be used in
situation .Ex.: one should not lie (often religious).
 Learned and internalized at early age
 Society and culture play important role.
 Moral orientation generally based on religious beliefs.
9. Values: 
It refers to deals, beliefs, customs, and modes of conduct,
qualities, or goals that are highly prized or preferred by
individuals, groups, or society.
Notes:
 It involves the worth you assign to an idea or an action.
 It continues to be modified throughout lifetime and during
acquire new knowledge and experience (dynamic).
 It reflected on persons` attitude and behaviors.
 Values freely chosen and are affected by age, experience,
and maturity.
 Values usually not written down.

e.g.: Values like; love, freedom, health.


10. Behavior:
It is observable actions that reflect our attitude.
11. Altruism ‫ر‬EE‫اليثا‬E ‫ا‬:
concern for welfare and well-being of others
12. Human dignity:
It means respect for inherent worth and uniqueness of individuals
and populations
13. Integrity:
It means acting in accordance with an appropriate code of ethics.
14.Social JusticeE‫اعية‬E‫الجتم‬EE‫ ا‬E‫لة‬EE‫ا‬E‫د‬E‫لع‬EE‫ا‬
It means acting in accordance with fair treatment regardless of
economic status, age, race, sexual orientation, citizenship,
disabilities.
Development on nursing ethics

The nature of nursing means that nursing ethics

tends to examine the ethics of caring rather than

'curing' by exploring the everyday interaction

between the nurse and the person in care. 


Early work to define ethics in nursing focused

more on the virtues that would make a good

nurse, which historically included loyalty to

the physician, rather than the focus being on

nurse's conduct in relation to the person in the

nurse's care.
Recently, the ethics of nursing has also shifted

more towards the nurse's obligation to respect the

human rights of the patient and this is reflected in

a number of professional codes for nurses. For

example, this is made explicit in the latest code

from the international council of nurses.


Distinctive nature of nursing ethics

Although, nursing ethics can appear


similar to medical ethics, there are some
factors that differentiate it as the following:
 Nursing ethics focus on caring rather than cure of
illness.
 Nursing ethics seek to defend the dignity of those in
their care.  
 Nursing ethics is respond to the vulnerability of
patients in a way that provides dignifying care.
 Nursing ethics is more concerned with developing
the caring relationship than broader principles, such
as beneficence and justice.
Sources of values
1. Genetic influence.
2. Culture influence:
The frame work set of assumption through which
people view life.
e.g.: The Egyptian dream like; equality, freedom.
3. Socializing influences:
Community, free culture, role models, experiences that
challenge a way of thinking.
The importance of studying ethical and legal issues for nurses

1. Nursing ethics guide nurses toward the right


decision in difficult circumstances in clinical
settings.
2. Ethics providing an answer to any moral
question.
3. Ethics allows nurses to act in a way that
communicates responsibility, authority and trust.
4. Ethics concerned with determining what is good or
valuables for all people.
5. Ethical knowledge helps nurses to justify what is or
is not correct and appropriate professional conduct.
6. Nursing ethics teaches nurses to handle all patients
fairly.
7. Ethics state that nurses must go along with the
wishes of a patient and his family, even if the nurse
does not agree with these choices.
8. To protect themselves from any legality.
9. To know scope of legal defense when faced any
problem.

10. To differentiate between patient rights and


responsibilities.
11. To know how to initiate and maintain a therapeutic
legally and ethically relationship with patients.
14. Health-care has become a consumer-driven system
based on clients becoming more knowledgeable.
Module Title : Consideration of law in nursing practice

Lesson Title : Legal issues in nursing


Objectives
Up on completion of this lesson, the student will be
able to:-
1. Define legal issues in nursing practice
2. Recognize difference between ethics and law.
3. Identify the legal issues in nursing.
4. State student nurses` legal responsibilities in
clinical areas.
5. Discuss the legal responsibilities of a nurse leader.
6. Illustrate the legal bases of nursing educators and
nursing practice.
Outlines
1. Introduction
2. Definition of legal issues in nursing practice.
3. The Difference between ethics and law.
4. The legal issues in nursing.
5. The student nurses` legal responsibilities in clinical
areas.
6. Legal responsibilities of a nurse leader.
7.Legal bases of nursing educators and nursing
practice.
8. Summary
 
Introduction
The expanded role of the nurse requires higher level
of education, knowledge, skill and decision making
capabilities. Knowledge of legal aspects in nursing is
absolutely essential for each nurse to maintain her/his
self and clients from legal violation in the health care.
Therefore, a nurse should know her/his legal rights, the
professional boundaries and consequences of non
conformity. In addition, nurses are all the time faced
with the challenge of making difficult decisions
regarding good and bad or life and death. So, the
nurses must be knowledgeable about the legal issues of
their practice at clinical settings.
Definition of legal issues in nursing practice

It refers to standards and general guidelines


for acceptable action of the professional nurse
that is designed to protect the public from
incompetent and uneducated practitioners.
Note:
legal issues in nursing practice describe certain
situations in which nurses are obligated to obey
the law in professional activities. It is always
better that all nurses should understand the legal
responsibility. When assuming a position to take
care of a client, as a professional nurse needs to
update with the fast changing and advancing
professional knowledge to provide safe nursing
to their consumer on the basis of their need.
The Difference between
ethics and law
Ethics Law
1. Ethics are rules of conduct that 1. Laws are rules developed by
shows how our society expects us to governments in order to provide
behave and are the guiding principles balance in society and protection to
behind the creation of laws. its citizens.
2. Ethics comes from people’s 2. Laws are enforced by
awareness of what is right and wrong. governments to its people.
3. Ethics are moral codes which every 3. Laws are claim/allegation of
person must conform to. ethics meant to regulate society.
4. Ethics does not carry any punishment 4. The law will punish anyone who
to anyone who violates it. commit its violation.
5. Ethics comes from within a person’s 5. Laws are made with ethics as a
moral values. guiding principle.
The legal issues in nursing
1. Accreditation / Approval of basic nursing education
programs.
2. National qualifying nursing examinations.
3. Certification.
4. Licensing / Registration.
5. Mandatory continuing education.
6. Periodic performance appraisal.
7. Do document all unusual incidences.
8. Do keep current year license.
9. Do follow policies and procedures.
10.Do protect patients from injury themselves.
The student nurses` legal
responsibilities in clinical areas
The only legal responsibilities of the nursing student
are not do any patients intentional harm. Nursing
student`s preceptor or instructor will be responsible
for him/her practice. If nursing student do a
procedure it will be under preceptor or instructor
supervision/assistance only (never by nurse student
alone).
Legal responsibilities of a nurse leader

1. Report dangerous understaffing.


2. Arise staffing issues.
3. Ensure staff credentials and qualifications.
4. Quality control of nursing practice.
5. Maintain equipment open for staff.
6. Report substandard care.
7. Be fair and nondiscriminatory with staff nurses.
Legal bases of nursing educators and nursing
practice
1. Nursing education and nursing practice are

constantly interacting while in the process of rapid

change to adapt with the existing demands and

condition of the health care delivery system.

2. Nurses are complimenting each other.

3. The success of nursing practice rest upon a sound

educational foundation of the nurse.


4. The goal of nursing education is to prepare

the nursing graduates for nursing practice.

5. Goal of nursing practice is to provide quality

nursing service and improve nursing care.

6. Everyone has a right to nursing education as

a constitutionally guaranteed right.

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