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Ethical Legal Dilemmas in Nursing

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Ethical Legal Dilemmas in Nursing
Ethical Legal Dilemma in Advanced Practice Nursing

Ethical Legal Dilemma in Advanced Practice Nursing The profession of advanced practice nursing is characterized by several attributes, one of them being the delicate balance between the law and the ethical code. One may argue that the legal system was designed around ethical principles but in the following paper, the author will attempt to point out the distinctions that separate and define legal and ethical reasoning. A thorough discussion regarding legal interpretation, coherence and logic will be supported by case law as well as analysis. In contrast, the function, problem and logic of ethical reasoning will be outlined along with the elements, advantages and disadvantages of this interpretive and highly personal moral code. As a nurse, recognizing the traits that define ethics and law will offer one the best chance of making decisions that will uphold the ethical code of nursing while reflecting the laws put forth to govern its existence.
Case Study
A 40 year old male patient with delusions of parasitosis (DP) is seen in the dermatology clinic for follow up. The patient has had several biopsies and laboratory tests and none have shown any evidence of parasitic infestation or other primary disease process. The patient has gone through periods where the symptoms were better and sometimes that have worsened but at this time he seems to be experiencing a flare. The patient, in desperation, asks if the NP can perform another biopsy or if he can use stronger medications so he can be cured. Upon examination, the Nurse Practitioner (NP) notes multiple superficial erosions, most likely excoriations, of his upper and lower extremities. In addition, there are some overlying crusts and erythema suggestive of a secondary infection. On the previous visit, the NP suggested a psychiatric consultation to the patient who refused stating that he did not understand



References: Association of American Colleges and Universities. (2013). Ethical reasoning value rubric. Retrieved from: www.aacu.org/value/rubrics/pdf/ethicalreasoning.pdf Bradley, S., Monarch, K., & Bhimji, S.S Comock, M. (2011). Legal definitions of accountability, responsibility and liability. Nursing Children and Young People, 23(3), 25-26. Dickson, J. (2010). Interpretation and coherence in legal reasoning. Stanford Encyclopedia of Philosophy. Retrieved from http://plato.stanford.edu/archives/Spr2010enteries/legal_reas_interpret/ Elder, L., & Paul, R Ghosh, S., Behere, R.V., Sharma, P.S.V.N., & Sreejayan, K. (2013). Psychiatric evaluation in dermatology. Indian Journal of Dermatology, 58(1), 39-43. Klaassen, J., Smith, K.V., & Witt, J. (2011). The new nexus: Legal concept instruction to nursing students, teaching-learning frameworks, and high fidelity human stimulation. Journal of Nursing Law, 14(3-4), 85-90. LAWS Schatzberg, A.F., & Nemeroff, C.C. (2009). Textbook of Psycho-pharmacology (4th ed). Arlington, VA: American Psychological Association. Theoharris, M. (2013). Health care fraud. NOLO. Retrieved from: http://www.criminaldefenselawyer.com/crime-penalties/federal/Healthcare-Fraud.htm Valentine, S., & Bateman, C

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