What Is Legal and Ethical Practice

Working through an ethical dilemma to a satisfactory conclusion, making decisions that lead to good actions, and avoiding negative consequences and regrets are the basic principles of ethical practice (Noel-Weiss et al., 2012). The language of biomedical ethics is applied in all practice settings, and four basic principles are generally accepted by bioethicists. These principles include (1) autonomy, (2) charity, (3) non-malevolence, and (4) justice. In the field of health, truthfulness and fidelity are also called ethical principles, but they are not part of the basic ethical principles identified by bioethicists. Ethical standards, on the other hand, do not necessarily have a legal basis. They are based on the human principles of good and evil. For example, if you try to park your car in a parking lot and there is only one parking space left, the only legal standard you must follow is not to exceed the speed limit or crash into another car. Now, if you see another car going to that place, ethical standards tell you not to fight for space, but to give room to the car that was there first. It is the right thing to do. This is an ethical standard. Imagine you were the one walking around the place right now, and someone was walking by and parking there. You would feel treated unfairly, and yes, you have been wronged, ethically. Another difference is that legal norms are written by government leaders, while ethical standards are written according to societal norms.

For example, in the United States, standing in line is the social norm. A person would be breaking an ethical norm by cutting the line. However, this is not the case in another country. The social norm in this country might be that whoever can reach the door first can walk through the door first. In such a society, it is perfectly ethical to stand in line to reach the door first. If your attorney violated any of these rules, or if you have reason to believe that your attorney did not act professionally, you should consider filing a complaint with the appropriate state bar association. For more serious violations, especially if bad legal advice leads to an unfavorable outcome for your case, you should consider filing an erroneous legal action. Ethics is a branch of philosophy that deals with right and wrong. It is a system of principles and rules of conduct that are recognized and accepted by a particular group or culture. Bioethics covers a wide range of possible topics, such as ethical standards and moral issues arising from the practice of medicine, ethical issues in neuroscience, the protection of research participants, privacy issues raised by genome sequencing, and research involving children. The main function of a decision is to engage in a certain type of action: a decision reduces uncertainty about what to do. Primary uncertainty is the uncertainty associated with “what to do.” Codes of ethics are general and are not intended to serve as a model for ethical decisions.

They are intended to remind us of the norms of behavior: that the nurse is obligated to maintain confidentiality, maintain competence, and protect patients from unethical practices (Lyons, 2011). Legal ethics is a term used to describe a code of conduct that governs good professional conduct and establishes the nature of obligations to individuals and society. In order to obtain a license to practice the law, lawyers agree to abide by the Code of Professional Conduct adopted by the American Bar Association (ABA) in 1983. The ABA rules have been adopted by law societies in all U.S. states except California, which has a similar code but a different format (see California`s Rules of Professional Conduct for details). In Anglo-American legal systems, prohibition has three aspects. First, a lawyer is not allowed to represent two or more clients at the same time if, in order to promote the interests of one, he must refrain from representing the conflicting interests of another. In short, it cannot be both for and against a customer. Second, he cannot later accept a job from another to reverse what he had been retained to do before. Third, he cannot accept further employment of others in the case of the use, appearance of use or possible use of confidential information received from his former client.

Such actions are prohibited by law and legal ethics. In many countries, professional associations of lawyers have attempted to impose the principles of ethical conduct in writing, but a written code is not essential. Ethical principles can exist both through general understanding and in the literature and writings of the profession. However, a code makes the ethically binding principles readily available to the practitioner (and the public), thus helping to ensure wider adherence to these principles. If such a code exists, it usually contains both general ethical principles and specific rules for specific problems of professional ethics. But no code can foresee all the ethical problems that may arise in legal practice. As a result, in many jurisdictions, the Codes are supplemented by notices issued and published by committees of Bar Associations. Protecting patient privacy is essential under the Health Insurance Portability and Accountability Act. Healthcare professionals must be aware of and comply with HIPPA laws and must not disclose patient information. Legally and ethically, healthcare professionals cannot violate patients` trust, which is an integral part of treatment. If a patient dies, the right to privacy continues to apply.

Accidental or intentional disclosure of private patient information can result in litigation, hefty fines, and jail time for the violator. Decisions regarding withholding information involve a conflict between truthfulness and deception. There are times when the legal system and professional ethics agree that deception is legitimate and legal. Therapeutic privilege is invoked when the healthcare team makes a decision not to disclose information that is considered harmful to the patient. Such a privilege is, by its very nature, questionable. Legal standards are enforced by a government agency, while ethical standards are usually enforced by human principles that include good and bad behavior. Thus, legal norms, unlike ethical norms, are punished in case of violation. Traditionally, the ethical decision-making process and the final decision have been the responsibility of the physician.

That is no longer the case; The patient and other health care providers, depending on their specific expertise, are at the heart of the decision-making process (Valente & Saunders, 2000). The definition of legal standards is a law, rule, regulation, code, administrative order, court order, court order, court order, court of appeal order, court of appeal judgment, authoritative judgment, government decision or legally binding agreement with a relevant government. In the financial field, they should ensure credibility and transparency in accordance with established standards of conduct. Such regulations were introduced by regulators after taking into account all the consequences that the new laws will have for society. Ethics has been described where the law ends. Both share the goal of creating and preserving social good (Brock & Mastroianni, 2013). Ethics is never isolated, nor is the law. Topics that have ethical and legal components include: In addition to using these resources, the nurse can take appropriate action when faced with an ethical dilemma by understanding and applying the ethical guidelines contained in the American Nurses Association Code of Ethics, the American Medical Association Code of Ethics, and the World Medical Association Code of Ethics. American Nurses Association standards of care and standards of practice, American Nurses Association position papers, such as the one describing the ethical use of narcotic analgesics at the end of life, even if this drug accelerates death, government statements from the Board of Nursing, and the Code of Ethics from the International Association of Nurses.