Ethical and Legal Issues

● Definitions
○ Ethics: what one ought to do
○ Bioethics: when the moral choice involves health care
○ Dilemma: a situation where there are several unequally satisfying
solutions, or when there is a conflict between one’s values
NOTE:
What is legal is not always ethical: e.g. assigning a power of attorney. Use who can take
decision of your behalf. If you are married without POA, spouse is even when divorce.
At time, family decision comes in first. NOTE, Organ donor indicated on driver’s license
can be a legal though, family need to be educated. Talk with family and ensure POA
status are transferred when situations change. All patients are legally full code until
otherwise. The board might be involved if family is not available and pt. cannot decide
for self.
● Ethics =what we should do.
● Legal = what we must do
● Bioethics=
● Dilemma=
ANA’s Code of Ethics: Nine Provisions
● First Provision:
○ The nurse practices with compassion and respect for the inherent dignity,
worth, and personal attributes of every person, without prejudice.
NOTE:
The state board of nursing of each state manage the ….
● Study there are 9 of them

Relationship Between Ethics and Law

● What is legal is not always ethical
● What is ethical is not always legal
● Sometimes situations are both legal and ethical
● Sometimes situations are both illegal and unethical
NOTE:
What is legal is not always ethical :e.g. assigning a power of attorney. Use who can
take decision of your behalf. If you are married without POA, spouse is even when
divorce. At time , family decision comes in first. NOTE, Organ donor indicated on
driver’s license can be a legal though, family need to be educated. Talk with family and
ensure POA status are transferred when situations change. All patients are legally full
code until otherwise .The board might be involved if family is not available and pt.
cannot decide for self.
Scope of Practice
● Know the duties and responsibilities of your license
● Know your State Practice Act
● Know which governing body is responsible for APRNs in your state
NOTE:
Indiana State Board of Nursing. Read your State practice act. Having a collaborating
physician to sign etc… is required in Indiana for NP. NPs get audited.
Malpractice
● It is very important to carry insurance
● Three components to establish malpractice
○ Must have duty to patient
○ Must deviate from standard of care
○ Harm or damages must occur as a result
NOTE:
Often employer will supply this, but it’s good to understand the policy. Get your own
private insurance e.g MSO mal practice insurance. Legal nurse consultant.
Documentation and note is really important to stay away from malpractice. ALWAYS
ask yourself is another provider with handle the situation in the way you will. Ensure the
pation is not harmed, Follow policy and procedures of the facility.