Law and Ethics in Health

This essay discusses the legal and ethical concerns in healthcare and the actions that should be taken to ensure compliance. It includes a study case analysis and explores the application of professional codes of conduct.

Running head: LAW AND ETHICS IN HEALTH
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Law and Ethics in Health
Student’s Name
Institutional Affiliation

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Law and Ethics in Health
In the past years, people have been hoping that doctors and nurses be aware of the current
laws and ethics as to care for human health accordingly. Registered nurses and doctors took an
oath to do no harm to human health, but that seems unfulfilled in public health facilities.
Regardless of doctors and nurses being busy handling patients, they should oversee that law and
ethics are considered in the facility. Using an appropriate study case analysis, the essay shall
discuss; how legal and ethical concerns arise, legal action that should be taken to arrogant nurses
and doctors that fail to follow laws and ethics in health, application of professional codes of
conducts and ethics. Primitively, legal and ethical concerns of the situation in the case study shall
be discussed. Due to the presence of the case study, the analysis will explain law and ethics in
the health from the study case to prove points.
The laws have a lot to say about decision making. However, if a patient is to make a
decision on his or her health some elements of the patient should be over checked. For example,
the patient's age, if the patient is of sound mind if the patient is aware of the consequences of his
or her health decision. A national commission identified ethical principles that were to be
prioritized when handling human subjects (Department of Health, 2014). Even though a sound
mind adult has the right to state what should be done in their body or not, some circumstances
due to their health such as the condition of their health that has no alternative of the treatment
will jeopardize their decision as to save their life. Physicians have the power to override the
information given to them if there is a good reason to do so. For example, there may be some
more considerations that were left out by the patient (Cohen et al., 2014). In addition, normative

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ethics explains the cons and pros of factors such as consequences and consent (Kagan 2018). In
the case study, Ashley was 17 years old and was hence was not in a position to make any
decision about her health. Regardless of Anna having intervened in the situation if Ashley failed
to have the blood transfusion the decision could have cost her life. In this case, the physicians
honored their oath as not to harm human health.
Criminal law finds it guilty for the discontinuity of medical intervention. If the death of a
patient as due to the discontinuity of the treatment the physicians responsible would be
punishable by law. Anxiety in medical fields is increasing in the medical profession and the
community that complains and increased lawsuits against doctors’ negligence (Haripriya, A. and
Haripriya, V. 2014). Ashley medical treatment was put on pause since the nurse had to attend to
other patients who were involved in an accident. The doctor as well was not able to complete
Ashley's examination since he was called to take care of a patient who was involved in an
accident. If Ashley had lost her life or acquired a lifetime condition due to the physician's
negligence it would be a criminal offense by law and their actions would have been punishable.
Ethical principles are significant as they improve the nurses' technical work areas as patients
depend on the nurses' responsibility, honesty and dedication to adhere to the ethical standard.
Ethical principles are significant as they help in identifying some hidden assumptions that may
be useful and enables to affirm actions that may be appropriate (Grace 2017). They include
beneficence, non-maleficence, autonomy, veracity, fidelity, respect and justice. Although
professional ethics are portrayed in nursing, it is affected by external and internal factors
(Kangasniemi, et al., 2015). Some of the principles portrayed in Ashley’s study case include
veracity. Veracity is a principle that involves saying the truth as to enhance benefit delivery.
Ashley had an idea of what was going on in her body but decided to tell the truth when her

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condition started to worsen. Fidelity principle portrays love, dedication, fair treatment to the
patient, loyalty, and honesty. The nurse had a fidelity principle as she had a desire for Ashley to
stay safe and therefore allowed Anna, to keep Ashley Company in the room. The nurse also
portrayed fidelity by showing how dedicated she was in her profession since she rushed to assist
those who were involved in an accident. The fidelity principle, in this case, is rated beneficial
since Anna was very concerned when Ashley started to bleed and called the nurse to intervene as
she did not want any dangers to occur to her friend. If Anna was not around to notice what was
happening Ashley could have been in great danger. Beneficence is a principle that involves
doing what is medically right and helpful. The principle ought to prevent harm from occurring,
to remove harm and to promote goodness. The physicians made a decision to transfuse blood to
Ashley for it was the only way to save her life regardless of her religious beliefs. Ethical
principles have proved to have an impact on patients when practiced properly.
Some of the ethical principles conflict with each other and the law. Beneficence a principle
that guides the nurses in doing what is medically right, conflict with the idea that nurses should
show respect to human rights including their choice, their cultural rights and their right to life. If
Ashley's life was endangered due to the blood transfusion done to her, the nurse could be
answerable to law for not respecting her cultural right and choice. However, human right of
choice and confidentiality can only be respected with regard to the situation for example in the
study case when nurse invites Steve in for treatment and he exclaimed of having a bomb and told
the nurse not to tell anyone in any case. In relation to this situation, the nurse could not respect
his rights. Therefore the has the right to inform everyone in the facility and also, nearby police
ought to be informed as to assist with the situation. In this case, the violation of a patient’s
confidentiality is acceptable.

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Professional nurses codes of how they conduct themselves and their ethics are meant to
guide them on how to treat patients. Nurses encounter ethical issues in health-related problems
that are found to impact society (Epstein & Turner, 2015). Codes of ethics in health care
represent the discipline of medical professionals on how they respond to their professional goals
and how they evaluate the needs of the society (Grace 2017). Nursing care should be respectful
to all patients regardless of their race color or religion. The nurse took the responsibility of
restoring Ashley's health without considering her religion, for life was more significant in that
particular moment. There exist various elements of nursing codes notably, the relationship
between nurses and the patients, their practice, their profession and the relationship between
nurses and fellow co-workers.
The relationship between the nurse and the patient enhances the improvement of the
patient’s health condition. (Balan, et al., 2016), states that obviously, the relationship between
the patient and the nurse is pure communication. It is usually based on trust, honesty, empathy,
and respect. The relationship between the nurse and the patient is a combination of facts and
fancy (Hall, et al., 2018). Nurse’s show of care to their patients improves the welfare of the
patient and improves the recovering speed and discharge from the hospital. Also, patients should
be given a chance to contribute to the outcome of their health (Walker, et al., 2014). Some
factors influencing the relationship between the nurse and the patient, notably, expectations of
the best medical results and the significance of being in a caring relationship (Wiechula et al.,
2016). The expectation of receiving affirmative results enabled Ashley to open up her thoughts
that she could be pregnant. Her disclose enabled the nurse to understand the kind of help Ashley
needed. Nurses should be careful with their behaviors and attitudes towards the patients as their
attitude should coincide with the patients' view towards the relationship.

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Nurses are continually learning for the maintenance of their competence and responsibilities
for the nursing practice. Discipline develops to maturity with a favorable discourse on how in
future professionals should learn (Chism 2017). Thereby, continually learning of nurses makes
them professionals enabling them to reflect on their nursing practice enhancing their image and
self-confidence. During the nurses’ practices of proving care to their patients, nurses ensure the
use of advanced science and technologies are safe for human right and respect their dignity.
Nurses are accountable for their practices and hence they practice them with care.
The major role assumed by the nurses is the determination and the implementation of clinical
standards, clinical management, and educational research. The relationship between the nurses
and their profession is considerable and focuses on improving their nursing quality. Various
elements improve the quality, notably, competence of the nurses, nurses' relationship with other
workers, controlled nursing practices, centralize patients culture and good facility management
(Kieft et al., 2014). Nurses practice their roles through the management that consists of
professional individuals.
Finally, the relationship between the nurses and co-workers reduces conflicts creating a
united team as they see each other as allies. The relationship creates emphases on their mission
since they are working to achieve a similar goal. It makes the nursing practice meaningful due to
hectic work schedules which seem natural when there is the establishment of a personal
relationship between the nurses and their co-workers. Moreover, the relationship reminds both
the nurses and their co-workers their leadership roles. Trying to remind others of their
responsibilities and actions leadership skills are portrayed (Julianne 2016). Peer relationships are
significant in-hospital registered nurses in the presence of horizontal violence (Purpora & Blegen

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2015). Relationship between the nurses and their co-workers has more benefits and should be
maintained strong.
Nurses become more advanced in their profession. The nursing practice focuses on
vulnerable society and how nurses show care to them (De Chesnay, & Anderson, 2019).
However, there are theories explaining their response to care. Notably; moral absolutism,
relativism, and ethnic care theory. Moral absolutism explains that at least one of the principles
will be violated. Using the theory to approach decision making several factors should be taken
seriously, for example, the nature of the duty, obligations, the law, rights and finally promises
made. Moral relativism argues that judgment on issues, some ideas and events depends on
specified moral codes, specific moments, places, and specific cultures. Before the relativist
makes a decision he accounts on data relating to geographical, historical, social and cultural
information. This theory of moral relativism accepts all human activities and term them
appropriate in their context.
Conclusively, ethical care theory concentrates more on moral impulse and attitude by
discrediting the importance of moral judgment. It concentrates more on the being of ethics and
not the actions of ethics. It does not accept moral principles and governed behaviors but accepts
the sensitivity of the situation and shows respect to experiences as they are the foundation. The
significance point on ethical care theory is sympathy and sensitivity of the situation. For example
in the study case where the nurse calls Steve for treatment, Steve was honest and opened up to
the nurse that he was HIV positive. However, he pleaded with the nurse not to tell anybody else.
The situation is sensitive and the nurse ought to honor the patient’s privacy. The nurse hence
should not tell anybody else about the health condition of the patient however, stuff taking care
of the patient should be made aware for them to take necessary precautions when handling him.

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Exceptionally, Steve confidentiality behavior can render risks to society. It is advisable that
Steve undergoes counseling after his treatment to ensure his safety and that of others.
Nevertheless, it would be beneficial to teach ethical theories in a proposed framework. It
overcomes any shortcoming that may arise since students portray exclusive behaviors of ethical
theories (Monteverde, 2014). Some actions and inactions in the study case can be explained by
the theories.
Ashley’s case in the study case the theory of moral relativism is contradicted by the ethical
principle of beneficence. This ethical principle states that the nurse has a responsibility of doing
what is medically right and acceptable. Moral relativism suggests that decisions should depend
on some specific cultures. Despite Ashley being a Jehovah witness follower the nurse did not
consider her religious culture when deciding whether to have blood transfusion done to her.
However, in this case, the theory of moral absolutism has been compromised. This is because the
principle of nurses having to respect the patients' decisions and culture has been violated. The
theory of moral relativism in Ashley's case has been rendered when Ashley woke up and found
that the physician had performed a blood transfusion on her, she was offended. Her attitude was
due to her moral codes of being a religious person.
Injury torts cause harms the patients and most of them are ground to lawsuits in
compensations suffered by the patient. Some of the torts include; liability torts, negligence, and
intentional torts. Liability torts describe that a person is totally responsible for his or her actions
even without fault. The nurses are equally responsible for their patients and if anything happened
to them they would be answerable. Negligence tort is portrayed when a physician fails to respond
to an action by the demonstration of care or performing their responsibilities. Various elements

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are paramount in proving acts of negligence. Notably, the behavior of the physician; in this case,
the defendant, could not, in any case, demonstrate the act of care, the patient suffered injuries
due to the physician’s negligence or actions if the injuries caused some damages to the patient.
Also, a defendant of negligence has a right to defend themselves. Some of the negligence
defenses include; time limitation, no care required, intervention act and if the plaintiff
contributed to the risk. Inescapably, intentional torts are actions that are performed with the
intention to the other person affecting or causing harm to them. However, not all actions that
cause injuries lead to intentional tort lawsuits. Intentional torts are categorized into three,
notably, assault, false imprisonment, and battery.
Assault as a type of intentional tort is demonstrated when a person harms the other
intentionally and makes them fear. Battery intentions take place when the defendant's acts cause
harm to the plaintiff. Though assault and battery are linked they are different. Assaults causes
fear to the plaintiff while the battery involves physical contact. False imprisonment is portrayed
when the defendant hinders the freedom of movement of the plaintiff. Physical force or threats
can be used in the enhancement of the imprisonment. In clinical settings, an intentional tort is
forcibly initiating medical care to the patients. Battery attacks in clinical settings are based on
physical attacks. For example, a patient having an affair with a physician becomes pregnant and
allows the same physician to examine her. The physician repeatedly puts a metallic object in her
uterus causing a miscarriage. False imprisonment is when patients are held in the hospital
without their approval or against their will. Moreover, both the defendant and the plaintiff can
insure themselves on intentional tort (Ebert, 2015). Relating to nursing principle, nurses should
be aware of the legal obligations they go through as they leave them better prepared for the

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practice (Griffith, & Tengnah, 2017). In other cases, a person is liable for a tort if they act in a
way they are not supposed to.
To sum up, it is crystal that ethical principles are significant in health. Without them,
patients safety would be jeopardized. Moreover, physicians are responsible for their decisions
and they should choose them wisely. Also, the relationship between the patients and the
physician should be improved. In addition law and ethics have proved their significance in health
and their absence would lead to unhealthy clinical practices.

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