Contemporary Ethical Legal Issues Essay Assignment Paper

Contemporary Ethical Legal Issues Reflections

As a result of enhanced medical technology, dynamic ways of communication, and expanded obligations for nursing professions, the nursing and healthcare profession is facing rising ethical and legal difficulties. The majority of these legal and ethical issues

Challenges are closely related to legislation developments regarding confidentiality issues and

Ethics in relation to medical technology Confidentiality is a problem that has been addressed.

over many years by the nursing profession, however legislative developments have raised the demand for

Maintaining confidentiality is essential. The introduction of Health Insurance Portability and Accountability Act in 1996

The Health Insurance Portability and Accountability Act (HIPAA) enhanced the need of safeguarding the sharing of sensitive information. Contemporary Ethical Legal Issues Reflections Essay Help Research Paper.

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information for patients (Lachman, 2006). Several regulations for spreading and logging in

Access to private information was tracked using methods that were put in place. Tracking of data and usage of password systems ensured that employees could not access
files of patients they were caring for.

Moffitt Cancer Center is embroiled in a scandal after it was uncovered that patient permission for a research project was fabricated. The center is examining if hundreds of signatures on paperwork were forgeries, which recruited patients in one of the hospital’s major cancer research studies (Martin, 2010). When either a physician or a healthcare
provider seeks to carry out a procedure on a patient, it is the duty of a nurse to acquire an
informed consent signature. This implies that the patient knows the procedure and available
alternatives, has clarified with the provider about the procedure, knows the risks involved and
the benefits, and is at liberty to either sign or refuse to partake in the activity. When the nurse
fails to obtain and instead falsifies the signature, both the provider and the nurse can be held
accountable for any damages incurred.

Dr. William Dalton, president and CEO of Moffitt Cancer Center, admitted that an employee had faked a patient’s signature on a permission document, and the committee was looking at 492 dubious signatures. The Total Cancer Care study is an observation experiment that follows cancer patients throughout time but not the type of treatment they get. Because patient confidentiality and permission are critical to the study process, the revelation prompted a comprehensive audit of all staff’ activities on July 29. (Martin, 2010). This issue raises an ethical concern since patients’ permission to be studied
must be obtained, and the patients must believe that the study is a serious matter. The
employee who had worked for two and a half years in the hospital as a clinical consenter was
fired on July 30 due to the seriousness of his actions. Moreover, Ernest & Young, an auditing
firm, was hired to begin investigations and a handwriting expert was asked to analyze 6,464 consent signatures.
Some nurses have little or no formal education in law and ethics, rendering them unqualified to deal with such concerns in a clinical context (Kleiman, 2007).
Organ donation, euthanasia, genetic engineering, physician-assisted suicide, end-of-life care, and dealing with patient confidentiality are all ethical and legal issues in modern nursing practice, and there are legal, ethical, and regulatory mandates that require healthcare professionals to be knowledgeable on these topics. Lack of fundamental understanding makes nurses feel helpless and causes them to retreat from such concerns, resulting in frequent errors. As a result, it is critical for nurses to obtain this information and be guided through this critical subject in their work. Contemporary Ethical Legal Issues Reflections Essay Help Research Paper.
Recognizing a lack of ethical understanding among some of its employees, Moffitt Cancer Center launched an extensive training program for supervisors and consenters.
Furthermore, it intends to alter the consent procedure to offer greater confidence and accuracy.
According to the president, the entire procedure might entail contacting the patient to see if they signed the consent form. The loss of faith in the study process is one ethical quandary caused by the forgery of the patient’s signature. The CEO concurred that the breach may result in patients refusing to participate in the research, resulting in the collapse of a procedure that began over four years ago and had over 60,000 participants.  In addition,
grant funding into the project may be suspended and according to Dr. James Omel, who is a
patient in this study, the inappropriate actions of one individual could have a damaging effect
on the research (Martin, 2010). Contemporary Ethical Legal Issues Reflections Essay Help Research Paper.

A code of ethics governs the nursing and medical professions and governs the disciplinary system. Under the Register of Medical Practitioners, the Nursing and Midwifery Council (NMC) supervises professional standards. According to patient confidentiality regulations, a patient has the right to expect clinicians to keep their information secret. Confidentiality improves trust between patients and physicians, and when this is not guaranteed, patients may be pushed to conceal information that is required for excellent healthcare delivery (Lachman, 2000). Unless there are extraordinary circumstances, all information received by a doctor in his/her professional position must not be shared without the patients’ agreement. Contemporary Ethical Legal Issues Reflections Essay Help Research Paper.

A code of ethics governs the nursing and medical professions and governs disciplinary procedures. The Nursing and Midwifery Council (NMC) controls professional standards within the Register of Medical Practitioners. According to patient confidentiality regulations, a patient has the right to expect clinicians to keep their information secret. Confidentiality increases trust between patients and doctors, and when this is not guaranteed, people may be pushed to hide information that is vital for the provision of great treatment (Lachman, 2000). Unless there are extraordinary circumstances, all information received by a doctor in his or her professional role must not be shared without the Contemporary Ethical Legal Issues Reflections Essay Help Research Paper.patients’ agreement.

The right to determine what happens to one’s body or to participate in a particular study is known as autonomy. ‘Autonomy’ and ‘autonomous’ are terms used to describe ability, situation, and right. The right to autonomy is fundamental in the medical profession, and a medical treatment or operation can only be enforced if there is a possible hazard to other individuals. Furthermore, it is thought that disease is a value-laden notion, and paternalism risks medical practitioners labeling individuals with a sickness and subsequent treatment (Kleiman, 2007). In the nursing and medical practice, an ethical and
possible legal dilemma occurs when a patient is denied with these rights. In medical law, the
cardinal principle is that a patient must be given an informed consent whenever possible for
any procedure that is about to be carried out.
Contemporary Ethical Legal Issues Reflections Essay Help Research Paper.

Trust is essential for establishing a good patient-doctor relationship, which can only be achieved through respecting patient autonomy. In the event of mentally incompetent individuals, their in-laws or family can offer approval for the patient to touch or participate in a research, and if this right is violated, they can sue in civil court for trespass, violence, or assault. However, a negligence case may be successful when a responsibility to care for and notify the patient is violated. Moffitt Cancer Center administrators think no laws were committed, but they felt it essential to alert law enforcement. In addition, the officials of the
Institutional Review Board, Federal National Institutes of Health and National Cancer
Institutes and the Federal Office for Human Research Protection, all of whom ensure patient
safety, were informed.
Contemporary Ethical Legal Issues Reflections Essay Help Research Paper.

The various steps taken by Moffitt Cancer Centre administrators show that their employee was completely out of line in terms of ethical and professional responsibility.
His acts lacked legitimate permission, an ethical aim, and a legal need to preserve patient autonomy and information confidentiality. Aside from losing his work, he risks legal culpability or moral repercussions for failing to meet the professional standards of his position. Because the research lacked the need or emergency principle, the employee should have secured the patients’ best interests by obtaining formal agreement for participating in the study.  In conclusion, for understanding more about consent and confidentiality topics, a
person requires not only knowledge in law but also proficiency in ethical and professional
duties.
Contemporary Ethical Legal Issues Reflections Essay Help Research Paper.

References
Kleiman, S. (2007). Revitalizing the humanistic imperative in nursing education. Nursing
Education Perspectives, 28, 8-12.
Lachman, V. (2006). Applied ethics in nursing. New York: Springer
Martin, R. (2010, August 26). Moffitt Cancer Centre discovers patient consent was falsified.
St. Petersburg Times. Retrieved September 2, 2010, from
http://www.tampabay.com/news/health/research/moffitt-cancer-center-discoverspatient-consent-was-falsified-for-study/1117483
United Kingdom Central Council for Nursing, Midwifery, and Health Visiting (UKCC)
(1992). Code of professional conduct for the nurse, midwife and health visitor.
London: UKCC.

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