Ethical Issues in Nursing

Name 1
Ethical Issues in Nursing
Student’s Name
University
Date
Course
Instructor

Name 2
Ethical Issues in Nursing
Question 1: Ethical Issue
The ethical issue that Sam must address is the confidentiality of patient information.
According to the International Council of Nurses (2012), the nurse is supposed to confidentially
hold patient information and only share it using judgment. This ethical principle requires the
nurse to keep the information unless the consent of release has been provided by the patient. This
means that the nurse has to make an ethical decision on whether to share the information or not
depending on the nature of the patient. According to Winters (2013, 234) suggests that patient
confidentiality can only be breached if the patient information has been regarded as having the
risk of harming other people. In this case, the nurse will have to inform the patient’s family as a
way of preparing them on how to respond to the issue. In most states, adolescents are free to seek
confidential treatment of problems like pregnancy and sexually transmitted diseases without the
consent of the parent. The fact that Jessica has confided in the nurse and asked him not to share
the information with his parents means that he is supposed to obey the patient's request and
remain confidential over the information. Even though Jessica is not sure what to do about the
pregnancy, she has not portrayed any risk factors which make her look like a threat to the society
or family.
Question 2: Ethical and legal principles that apply to the case study
The ethical justification for confidentiality can be viewed from the consequentialist and
deontological points of view. The consequentialist view suggests that confidentiality is used to
promote social goals and the freedom to have relationships in the public space. This means that it
is used to provide and protect patient’s social status when their information is not disclosed

Name 3
without their consent which exist in the ethical principle of beneficence. The deontological view
sees confidentiality as respect for persons that are promoted by autonomy (Lachman, 2010, P.
351). This means that confidentiality is not applied based on the instrumental value it serves but
rather in terms of the dignity and intrinsic value that it holds. This means that confidentiality is
part of the autonomy that the patient enjoys within clinical settings which increases disclosure of
patient information that forms the treatment plan. The information shared by the patient should
be kept confidential unless the patient shows signs of harm. Although Jessica is not sure about
what to do with the pregnancy, she has requested that this information be kept away from her
parents which needs to be kept that way.
According to Braunack-Mayer (2013), the legal implication of confidentiality lies in the
different state policies that exist on patient information. The legal requirement prohibits health
care providers from disclosing patient information without permission. The legal implications
emanate from the Hippocratic Oath, data protection acts, the Australian constitution and the
Convention on Human Rights which all point to the legal duty of healthcare professionals in
respecting the confidentiality of their patients. This is seen in Hunter v. Mann (1974) where the
court stated that the healthcare care professional is under the legal duty of respecting the
confidentiality of patients, failure to which can lead to a breach of confidence which requires an
award of damages to the patient. This means that the nurse is supposed to examine the
extenuating circumstances that exist and how the principle can be qualified in different health
situations. By examining the implications of the existing codes and laws, the nurse can decide on
whether to remain confident disclose the information without patient consent.
Question 3: Options available to Sam in addressing the ethical problem identified