Ethics vs. The law
Ethics and the law have long collided. The collision has occurred in situations where social workers neglect the law to favor their professional necessities. Some experts conflict that the law is sometimes unfair. Occasionally, social workers' preferences match with authorized moral principles (Reamer, 2008). Other conditions create complicated ethical quandary, mostly when social workers' decisions match with legal customary but not dependable with the existing ethical principles in communal labor, and practitioners' preferences are reliable with the existing ethical principles in communal labor but not with lawful principles.
Ethics and the law
In some cases, communal personnel's think that events allowable by the law would break their ethical principles. Alternatively, events that would go against the law are required to conform to ethical principles in the line of work. Observance with lawful outlook and necessities may clash with communal workers' perceptive of ethical principles, and observance with ethical principles may result to disobedience of the law. Communal workers have a strict look for alterations in the law but they are not obligated to break the law. Other communal workers oppose sightless compliance to the law due of the conviction that some laws are unfair and insecure. It is argued that experts must use their proficient decision when vital to employ in social defiance (Reamer, 2008). However, laws should be followed notwithstanding a communal workers' individual view about their consistency.
Ethics found in numerous portions of the law; such as agreements, disregard, insult and fiduciary obligation strengthen the protection of patient's private information. Nevertheless, laws sometimes oblige the leak of checkup confidences and may defend or give reason for disclosures. Lawfully controversial questions concern patients' privacy concerning probable unlawful performances, such as termination of and the danger of HIV and other contaminations. Nurses should know their proficient code of behavior and uphold with any alterations in the law to be aware when it could be necessary to take priority over the task of privacy.
For instance, a nurse may come into conduct with the ruling if an illegal act such as abortion is dedicated. When the nurse attempts abortion fairly, it results in deviance of the law even though it might not have interfered with the professional ethics. Nurses should however be familiar with the Nurse Practice Act (NPA), which differs from nation to nation as the personality state's dictatorial chamber institutes its own description of NPA. Nurses negotiate the above conflicts by defending the patient's right to privacy and by paying firm awareness to shun prescription mistakes (Reamer, 2008). To lessen the likelihood of a claim, nurses should accomplish their duties in accordance with the law, and in case of a calamity, they should inform the officers responsible for the management of risks.
Measures taken by Nurses on Ethics and Law
Historically, nurses acted in a way that is intolerable according to modern times. They had research projects on patients. The first project concerned patients with constant disease who were infused with existing cancer cells in an attempt to ascertain whether the cells would carry on in a person who was unwell but did not formerly have cancer. Neither the patients nor the family members had consent of what was happening. The public health service again commenced a syphilis research on 399 black gentlemen from Alabama. The aim of the study was to scrutinize the men over a phase to examine how the illness developed in people of Africa origin. There was no treatment for the illness when the research began. About 25 years into the process, penicillin was found out to be therapy for syphilis. The partakers were not familiar and action was withdrawn because 128 men had died in 1972, from the virus or associated calamities (DUJS, 2008).
Governments on Nurses
The National commission for the defense of individual rights was formed in reaction to these proceedings. The commission suggested institutional examination boards for all organizations establishing centralized investigations. The purpose of the boards was to organize ethical principles for defending the privileges of the probable issues. Governments have proscribed nurses from involving patients in diagnosis of some ailments, especially where the disease reaches the final stage leading the patient into the Intensive Care Unit. Patient participation is a predominant issue in many countries (Kvangarsnes, Torheim, Hole and Ohlund, 2013). Most administrations obstruct the treatment of chronic obstructive pulmonary disease (COPD).The delicate exacerbation of this condition is life-threatening as experienced by patients.
The government of Norway hinders patient involvement in the diagnosis of COPD from the fear that it could activate the patient's death. The condition may bring about stress and depression, after the patient is made aware of the extreme calamities underway. According to the Norwegian Patients' Rights Act, patients have a duty to contribute in their cure (Kvangarsnes et al., 2013). Nurses have a task in guaranteeing the patients' rights are satisfied as they participate in the proscribed healing. Nurses on the other hand argue that patient involvement will lead to a collection of remunerations such as patient mutual aid and healthier management of the disease. Even though the nurses work against the law, their ethics seem to have a greater impact on the fitness of the patient. From the nurse's remarks, it is understood that the prejudicial laws contradict professional ethics as they do not contribute in the patient's wellbeing (Kvangarsnes et al., 2013).
In a case where a nurse attended a patient without informing the latter on the proceedings of the treatment, the patient claimed to fear the nurse for not knowing what was happening. The patients without information on their treatment described the nurses as aggressive. Nurses however found it difficult to participate in the handling of patients with severe exacerbation. Nurses explain that it is hard to put a patient into a breathing apparatus when the disease has reached the final stage without informing the patient on what is going on. This could threaten the patient leading to death. Alternatively, proper consent on the patient could adversely prevent immediate executions. Patient involvement in life and death circumstances is considered challenging .This is because when patients reach the final stage of the disease, some difficult conditions occur. Dealing with the conditions without conversing before with the patient worsens the situation as reflected above (Kvangarsnes et al., 2013). Nurses however believe that failure to involve patients in their treatment is unfair and insecure.
The Code of Ethics for Nurses was structured as a guide for performing nursing duties in a way that is dependable with worth in nursing safety and the moral requirements of the career. Nurses therefore are obligated to follow the rules in the code of conduct to avoid landing in problems. From the above context, it is noteworthy that ethical theory is complex and as a result, appliance is demanding. In their daily activities, nurses need more information and skills to master the many tests they come across. They should be able to help patients and their families in assessment though it could be against the law depending on the governance. Ethical dilemmas are severe and as important as the physiological impasses experienced by nurse. In some patients, the fundamental issues result in physiological troubles.
DUJS, (2008). Tuskegee Syphilis Study. A Wake-Up Call for Bioethics. Dartmouth Undergraduate Journal of Science (DUJS)
Kvangarsnes, M.; Torheim, H.; Hole, T. and Ohlund, L. (2013). Intensive care unit nurses' perceptions of patient participation in the acute phase of chronic obstructive pulmonary disease exacerbation: an interview study. Journal of Advanced Nursing, 69: 425 - 434.
Reamer, F. (2008). When ethics and the law collide. (September/October 2008 Issue).Social work today, Vol.8 No. 5.