Nursing Jurisprudence

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LEGAL & ETHICAL issues in Nursing

Nursing Etiquette concerned with moral principle governing the conduct of nurses towards patients, physicians, colleagues, the nursing profession and public

Ethics
part of philosophy that deals with systematic approaches to questions of morality a term for the study of how we make judgments regarding right and wrong a system of MORAL PRINCIPLES or moral standards governing conduct

Moral
human conduct in the application of ethics
Concerned with JUDGMENT PRINCIPLES of right and wrong in relation to human actions and character

3 Determinants of the Morality of Human Act

•The OBJECT •The END •The CIRCUMSTANCES

Ethical Principles

Ethical Principles:

INVIOLABILITY OF LIFE
All human life, from the moment of conception and through all subsequent stages, is SACRED! No one can violate or destroy life! 8

ETHICAL DILEMMAS
1. 2. 3. 4. 5. 6. 7. 8. ARTIFICIAL INSEMINATION IN VITRO FERTILIZATION HUMAN CLONING CONTRACEPTION ABORTION EUTHANASIA PHYSICIAN ASSISTED SUICIDE HUMAN TRANSPLANTATION 9

Argument favoring Euthanasia: compassion for the patient and shortening the period of suffering of the patient

Argument disapproving Euthanasia: it is intrinsically wrong since it rejects life.

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STEWARDSHIP
Man has DOMINION over God’s creation: himself (life and health), creatures and environment One should reasonably, responsibly and respectfully benefit from them for service NOT domination

TOTALITY
Parts are integral, destined to be part of and subordinate to a whole

SOLIDARITY
One to be with others; to have a unity of interest, responsibility or goal. Based on the common good, love of neighbor, preferential for the most proximate and most need

SUBSIDIARITY
Every creature should be entrusted with the functions he is capable of performing. It relates to human dignity and recognize persons as free and responsible agents able to care and make decisions for them

AUTONOMY

- Self Governance/Self Rule
- Having the freedom to make choices

4 Basic Elements of Autonomy
1. Respect for Autonomous Person 2. Ability to determine personal goals 3. Capacity to decide 4. Has Freedom to Act

CONFIDENTIALITY Requires non-disclosure of private or secret information

Confidentiality of Information
 Privileged communication  Based on trust Revealed when: a. The patient permits such revelation.

b. Medico-legal cases/legal proceedings
c. Communicable disease /public safety may be jeopardized. d. Continuity of care

JUSTICE
- refers to the obligation to be fair to other people.
Types: 1.distributive justice- fair distribution of responsibilities 2.criminal justice- penalty proportionate to crime 3.rectificatory justice- just compensation in civil law

Distributive Justice
To each equally.
To each according to need. To each according to merit. To each according to person’s right.

To each according to individual effort.
To each as you would have done by. To each according to the greatest good to a greater number

Double Effect Principle
When an act has both good and bad effects, it is permissible if: 1) The direct freely chosen effect is morally good and the indirect foreseen but not desired may be harmful, 2) The action/object must not be evil, 3) The foreseen beneficial effect must be greater or equal to the foreseen evil effect 4) The beneficial effect must follow directly from the action or at least as immediate as the harmful effect

BENEFICENCE- means to do good and not to do harm.

NON- MALEFICENCE- one ought not to inflict evil or harm.

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FIDELITY- refers to the obligation to be faithful to the agreements, commitments and responsibilities that one has made to oneself and others

VERACITY- refers to telling the truth or not intentionally deceiving or misleading patients 23

RESPECT- treat all human beings as persons with rights

SHARING AND ALLOCATION OF RESOURCESwho will receive particular scarce...
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