Ethical and Legal issues in nursing Discussion 2022

Running head: ETHICAL AND LEGAL ISSUES IN NURSING 1
Ethical and Legal issues in nursing
Student’s name
Professor’s name
Institution of Affiliation
Date

ETHICAL AND LEGAL ISSUES IN NURSING 2
Introduction
Ethics refers to the concept of being right or wrong. It looks into what is right and wrong
for peoples. The nursing field involves a lot of situations faced with ethical issues. The condition
may be a request made, a decision, or maybe a raised concern (Dicks, 2017). There are
challenges that threaten the performance and code of conduct of nurses while giving medical
care to patients (Baillie & Black, 2015). Nurses in contemporary society are supposed to adhere
to the foundational moral values, role, and laws which are vital in the nursing profession.
Professional negligence accounts for legal action since every malpractice is bound by the same
code that guides their actions. Even when faced with a difficult situation with a patient, the
degree of their efforts should not involve a breach of duty; this is what legal issues entail. It is
what the system has put in place to guide actions and behaviors. Nurses are supposed to
discharge their duties based on their judgment. (Riedel, 2015) The same code of ethics also
provides guidelines in case a situation arose, and it presents an ethical dilemma environment.
This discussion will discuss the code of conduct and ethical dilemma situations that faces nurses
in their day to day operations.
The legal and ethical concern
The primary purpose of the nurse is the patient, In this case, Mavis. As a nurse, I think
the need for Mavis and her thoughts must be recognized. Additionally, I have to advocate and
safeguards her health, safety, and, more so, her rights as a patient (Benedictus and Elwes, 2018).
Mavis declined any further assistance and became resistant. Her condition is worse, and every
vital sign warrants medical attention. Understanding that a patient has the moral right to refuse
treatment and care from medical personnel, it is not enough to judge that Mavis' decision making
is perfect. It collides with my ethical standards and clinical judgment as a health custodian

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(Standing, 2017). If her decision or choices are to be allowed, definitely they would lead to harm.
This scenario presents a conflict. As a nurse, the dilemma is between respecting the patient's
right to freedom (autonomy) versus the need to safeguard and protect her from harm. These
ethical dilemmas are referred to as beneficence and autonomy. The law bound me to safeguard
her health rather than her decision. The code of ethics highlights that a nurse always values the
culture of safety in nursing while practicing health care (Baillie & Black, 2015). This
compromising situation means that I will be accountable in which decision I choose to apply.
Assessing Mavis' case, it is evident that the ethical and legal standards allow me to act contrary
to her wishes. The past days, she underwent surgery, and an attempt to get out of the hospital has
made her remove the dressing from the wound. The act of smearing faces in her wound may
cause infection, and on top of that, she removed the IV cannula and is breeding. What could go
wrong if her situation is unattended?
Actions and implications.
The first thing to consider is communication. Mavis needs to know the consequences of
refusing assistance and medical care. The main aim won’t be to establish the cause of
vulnerability, fear of unknown, and distrust by Mavis. But to give her details of the expected
results in the case, she continues refusing medical attention (Rehman, 2016). In a situation, a
patient refuses life-sustaining treatments; what left to choose is to forego the procedure or force
the medication to such a patient (Baillie & Black, 2015). It is not a guarantee that communication
will always work. In even it fails, I would consider ethical values that encourage collaboration
with other medical personnel. The reason for doing this is to make a multilateral decision to
avoid legal action that may come as a result of considering a one-sided viewpoint.

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Contrary, some actions cannot be taken. Mavis stands is that she doesn’t want any
assistance whatsoever. For the second attempt now, her stand is that she wants to go home, and
she doesn't need any help. What happens if a patient refuses assistance?
On the other hand, administering health care to a patient whose cognitive ability is fully
functional would also result in a legal face-off. A breach of patient care would result in legal
action. Judging Mavis, it is right to say she is not okay with her decision making, and her
situation wouldn't allow her to think so (Bock, 2015). If a patient can make a decision and
refuses medical attention, respecting her rejection is a must. I would not accept Mavis' decision
to refuse care (Baillie & Black, 2015).
Self-discharging
Self-discharging and against medical personnel advice are very common in Australian
hospitals. The situation would leave a nurse in an ethical dilemma between respecting Mavis's
decision to self-discharge her and attempt to do what is right for her (Riedel, 2015). The
expected implications would be death or readmission with more complications. There is a high
mortality rate to a patient who self-discharge themselves from the hospital (Wivatvanit, 2017).
Synthesizing the reasons why Mavis is doing so can help to understand her better.
Why self- discharge
The case study tells us that Mavis's vital signs were within normal limits; this meaning
checkup was done accordingly. Check up on the next day showed a variation in her general
health and that she is anxious and confused. Therefore, this finding refutes a lack of care, high
cost of medication and lack of attention from medical personnel. (Triemstra, 2017) Her main
goal is to go home and work. Bearing in mind that she's 70 years old and retired makes me

ETHICAL AND LEGAL ISSUES IN NURSING 5
questions her decision making. Additionally, on a regular scale, her behavior warrants for
treatment without her consent.
The general argument in nursing is that the moment Mavis admitted herself to the
hospital, she allowed for primary nursing care. She agreed to every procedure prior to her post-
operation procedures, which she is currently refusing. However, she still holds the right to refuse
the nurses' care by law (Baillie & Black, 2015). The expected implication would be that Mavis's
refusal to be given medical attention equal her right to autonomy. If I go ahead and administer
care to her, I would go contrary to the principle of informed consent, and this would land me in a
legal tussle (Carvalho, Reeves, & Orford, 2017). Which ethical policy would be used in such a
scenario to prevent a lawful suit of negligence and to act against a patient consent?
Principles of ethics
The primary use of health care ethics is to safeguard patient care and safety (Clayton &
Willihnganz, 2017). In our cases, I will expound on the main principles and how they relate to
the actions
Principle of autonomy
The patient has the right over his or her body. Any act that tries or convinces the patient
to allow treatment is against this principle (Murgic, Hébert, Sovic, & Pavlekovic, 2015). The
patient is allowed to make his or her own decision. The action of me seeking to persuade Mavis
to allow medical attention go contrary to this principle. Her wish to go home must be respected,
whether I believe my decision will benefit her or not.
The concept of beneficence

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Mavis is 70 years old, and a retired nurse. In the principle of beneficence, a nurse is
supposed to promote good through his or her actions (Holland, 2016). This promotion of
goodness should be done to remove or prevent harm. The code of ethics highlights that a nurse
always values the culture of safety in nursing and while practicing medical care. The act of
Mavis exposing her surgical wound and removing her IV cannula warrant this principle. It is my
responsibility as a nurse to safeguard her life in the event her actions are threatening the very life
I’m trying to save.
The principle of non-maleficence.
This principle discourages the act of harming patients. Mostly the harm may be inflicted
due to the need for financial gain. The principle disallows nurses from continuing with treatment
that causes damage or inflicts suffering to a patient (Motloba, 2019). From the Mavis case study;
the principle does not apply, because as a nurse, I'm trying everything to safeguard her health.
The concern to her safety, hygiene, and her condition is my obligation (Husted, Husted, Scotto,
Wolf, & Al, 2015). Therefore, this principle in the Mavis case study is withdrawn.
Justice
The last principle is Justices to encourage medical personnel to observe laws and
regulations. To make sure treatment is done equitably through the distribution of resources
(Preda, 2018). By using this principle, I'm guided to observe potential conflict with existing laws
The conflicting principles, in this case, are the ethical principle of beneficence and
autonomy. By the principle of beneficence, it is my duty as a Mavis nurse to make sure she is
safe, and primary healthcare is offered to her (Demarco, Jones, Daly & Boyne, 2019). At the

ETHICAL AND LEGAL ISSUES IN NURSING 7
same time, the principle of autonomy limits my action toward Mavis since the law allows her to
refuse treatment, and any further coercing can result in a lawsuit.
Legal concern, Code of Conduct, Code of Ethics, and RN Standards of Practice (2016).
The RN standard of practice standard 4 encourages registered nurses to serve in collaboration.
To define circumstances that affect the health and well-being of patients and communities to
understand urgencies for action and referral cases. I would involve various stakeholders before
making the final decision on the treatment of Mavis. Additionally, the code of conduct highlights
that a nurse in such a case should document and relay concerns if they believe the practice
situation is jeopardizing the health and safety of patients. Mavis's condition should be
documented to prevent any legal action. Finally, in administering care, the nurse's code of ethics
states that nurses should promote a working environment in which values, beliefs, and rights are
respected. Guaranteeing Mavis's right to autonomy is mandatory (Nursing and midwifery Board,
2017).
After considering all the situations, what could be the possible legal action in this
scenario? Something being legal doesn’t mean it is ethical. In the principle of beneficence and
non-maleficence, a nurse has to differentiate between wrong and right and prevent harmful
procedures to the patient. In this case, I believe, the legal principle of beneficence would allow
me to discharge my duties in favor of Mavis. Failure to do them would be the negligence of my
duty as a nurse (Carvalho, Reeves, & Orford, 2017). Besides, the act of Mavis releasing herself
under my care could show that I'm not taking responsibility for my tasks.
Therefore, the negligence tort, which may be as a result of my actions as a professional
person failing to act on Mavis's situation as required by law, would be applied. By using the

ETHICAL AND LEGAL ISSUES IN NURSING 8
autonomy principle, malpractice would result. This is because malpractices occur when medical
practitioners fail to follow the required standards of their duties (Luckman, 2014). The reason
would be that Mavis' behavior was leading to harm, and I choose to ignore or not to act upon.
Under negligence tort, the proximal cause would be evident in this case study (Robinette, 2018).
The behaviors of Mavis to my judgment could lead to an injury. The expected results would have
been death or increased infection. Basing the damage and my act, I would be liable for her
suffering.
Additionally, as a nurse, I'm bound by law to report changes in my client conditions. As
the case study shows, the next day, Mavis's conditions were worse, and her mental and emotional
states were unstable.
To sum up, this assignment discussed the ethical and legal issues that may appear as a
result of the Mavis case. The case itself, as seen, it's hard to determine which course to take. As
seen, autonomy and beneficence are conflicting principles. I, however, do believe that any action
should be made to safeguard Mavis's health. Legal action would dictate the methods to follow
and how to react. As a nurse, the universal laws of human should always follow first. That is
what makes us nurses.

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