Chapter 4 Legal and Ethical Principles Learning Objectives Define at least 10 terms relating to legal and ethical principles. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Healthcare fraud is a major issue within healthcare that negatively impacts customers. 7 As a fiduciary relationship, it must rely on principles of autonomy, non-maleficence, beneficence, justice and fidelity at all times. The fact that something is legal doesn’t make it ethical. Then we show that nar-rower, more specific principles in ethics have a parallel in law. Exercise honesty and integrity when documenting. Ethical dilemmas arise when respecting one of these principles becomes impossible without compromising another. Though business ethics and social responsibility seem to be overlapping, there has always been a contradiction between the two. This principle, as with universalism, can always be used when individuals, groups, and nations are involved in decisions that may violate or harm such rights as life, liberty, the pursuit of happiness, and free speech. According to Standard IV (C), the supervisor and the compliance officer have the responsibility to review the concerns brought forth by Rasmussen. Please try again later. The relationship between laws and ethics is not always clear. Although we may have a legal right to do something, this does not necessarily mean it is ethically justified. 1. The video poses that ethics demands more than the law. Do you agree? The young man moves his wife, who yearns for a singing career, to Los Angeles. Many codes of ethics include a section that describes how such situations will be handled. [11] A lawyer's responsibilities as a representative of clients, an officer of the legal system, and a public citizen are usually harmonious. Legal Responsibilities Society has not only sanctioned business to operate according to the profit motive; at the same time business is expected to comply with the laws and regulations pro-mulgated by federal, state, and local gov- Although nurses traditionally have followed the instructions of attending physicians, physicians realistically have long relied on nurses to exercise independent judgment in many situations. This chapter describes the differences between and among ethical, moral, and legal concepts. stakeholder theory. Legal ethics, principles of conduct that members of the legal profession are expected to observe in their practice. In addition, running through many ethical … a model that suggests corporate social responsibility is composed of economic, legal, ethical, and philanthropic responsibilities and that a firm's economic performance supports the entire structure. It is true that legal and ethical responsibilities do not exclude each other, and that in the case Thompson establishes for nation states' responsibilities, the ethical dimension is also central. responsibility and legal liability, we offer a model that can help students see the relationship between law and ethics. Describe at least five examples of ethical behavior for the health care worker. Social responsibility is more of a policy or an obligation to the community, while business ethics is more of a conscience. Flashcards | Quizlet Page 4 of 11 An ethical egoist acts for the benefit of others and sacrifices self-interest. Supervisors have the responsibility of establishing and encouraging an ethical culture in the firm. Ethical standards are based on human rights and wrongs, while legal standards are based strictly on what is written in law. At the same time, they sometimes felt overwhelmed by the complex and conflicting demands of situations they encountered. What is the legal difference between life and personhood? 49. According to the American Nurses Association (ANA), the nursing code of ethics is a guide for “carrying out nursing responsibilities in a manner consistent with quality in nursing care and the ethical obligations of the profession.” Ethics, in general, are the moral principles that dictate how a person will conduct themselves. Specific Ethical and Legal Issues. Another reason to think about ethics in connection with law is that the laws themselves are meant to express some moral view. The patient must be competent to make a voluntary decision about whether to undergo the procedure or intervention. Third, researcher ethics can conflict with participant ethics. What happens if someone violates one of the guidelines? An authoritative presentation combined with clear and readable pedagogy enriches all levels of inquiry into the ethics of legal practice. It regulates a person’s behavior or conduct and helps an individual in living a good life, by applying the moral rules and guidelines. In the third case, the head … Socially responsible organisations should go beyond merely complying with legislation. Section 2.3 (collaboration) of the 2nd provision of the code of ethics applies in this case. This is mistaken on two fronts. In some instances, legal regulations prohibit people from carrying out certain tasks, such as administering life-saving … Medical ethics involves examining a specific problem, usually a clinical case, and using values, facts, and logic to decide what the best course of action should be. Topics: Nursing Jurisprudence, Ethical Considerations, Legal Considerations. Treat all patients with dignity and respect without respect to factors such as race, gender or creed. In contemporary organisations, __________ concerns the protection of employees with respect to their rights to privacy, due process, free speech, free consent, health and safety, and freedom of conscience. relationship, patient‘s confidentiality, and the need to obtain informed consent. Yes, they are the same standards of behavior and must be followed. No, legal standards are necessary for a properly functioning society, and ethics deals with voluntary business conduct in accordance with laws, statutes, regulations, and policies. Specific objectives of the Dental Hygiene Code of Ethics are: •to increase our professional and ethical consciousness and sense of ethical responsibility. The relationship between a patient and a physician is based on trust, which gives rise to physicians’ ethical responsibility to place patients’ welfare above the physician’s own self-interest. In the second case, the nurse should have collaborated with the pharmacy technician to ensure the provision of the right medicine to the infants. 8 2. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Legal Rights and Responsibilities: NCLEX-RN. Ethics, simply defined, is a principle that describes what is expected in terms of right and correct and wrong or incorrect in terms of behavior. A fiduciary is “one who owes to another the duties of good faith, trust, confidence and candour”. Failure to give care that is normally expected of a person in a particular position, resulting in injury to another person. The term “legal” itself is a term used to define anything that involves the law and the many concepts behind it. The “World’s Most Ethical Companies” also provides examples of workforce and workplace legal and moral rights. The responsibility for a defective product depends on the manufacturer, retailer or supplier. Ethics comes from the Greek word “ethos,” meaning character. When counselors are faced with ethical dilemmas that are difficult to resolve, they are expected to engage in a care-fully considered ethical decision-making process, consulting available resources as needed. Differentiate the concepts of accountability and responsibility in … You have managed to hire a particularly qualified person to be your assistant sales manager in Los Angeles. For example, it protects basic consumer rights. An The core issues in dental ethics are the ethics of the dentist patient. Types of Law: Statutory Law. Responsibility is an ethical concept that refers to the fact that individuals and groups have morally based obligations and duties to others and to larger ethical and moral codes, standards and traditions. Maintain knowledge and skill competencies as an EMT. Identify at least five situations that show improper ethical or legal behavior. Lawyers and paralegals must represent the highest ethical standards so they can realistically claim to uphold the law. Autonomy: To allow others the freedom to choose their own destiny. The very same algorithm can serve a variety of purposes, which makes the ethics of decisionmaking very difficult. First we highlight the broader concepts establishing moral responsibility and legal liability. Practitioners of law emerged when legal systems became too complex for all those affected by them to fully understand and apply the law. Ethical Responsibilities. Let's start and learn more about legal, ethical, and cultural considerations. Simply put, what is legal is not necessarily ethical. Conversely, what is ethical is not necessarily legal. There are lots of legal maneuvers that are not all that ethical; the well-used phrase “legal loophole” suggests as much. Here are two propositions about business and ethics. To be able to apply the ethical standards, it is essential that you have read them carefully and that you understand their implications. Ethics is the moral principles that govern a person's behavior or the conducting of an activity. Being a nurse is not just about giving care to the ailing; some legal, ethical, and cultural rules must follow while they meet their mandate. A. Common law. Are you a nursing student and need some practice for your coursework? utilitarian ethical theory. https://www.onelegal.com/blog/ethical-rules-paralegals-supervising-attorneys 2016;18 (9):887-890. doi: 10.1001/journalofethics.2016.18.9.fred1-1609. Ethical values are essential for any healthcare provider. 2 Patients in hospitals, nursing Guidelines. We all have an image of our better selves -- of how we are when we act ethically or are "at our best." Corporate social responsibility refers to the approach that an organization takes in balancing its responsibilities toward different stakeholders when making legal, economic, ethical, and social decisions. AMA J Ethics. In the United States, two basic principles of business are that everyone should have an equal opportunity to earn business, and the customer remains free to make a choice. If the problem is more complex and a resolution does not seem apparent, then you probably have a true ethical dilemma and need to proceed with further steps in the ethical decision making process. It is very possible that an action may be legal but not ethical. 3. Person who is not 18 but has the same legal rights as an adult ethics committee committee made up of individuals who are involved in a patient's care, including health care practitioners, family members, clergy, and others, with the purpose of reviewing ethical issues in difficult cases What’s Legal Isn’t Always Ethical. Destruction of data might be ethical from the researcher's standpoint but constitute a harm in the eyes of participants. An act is legal when it is done within the laws that govern a certain state, nation, or territory. evaluating a decision on the basis of its impartiality and fairness. Ethics are rooted in the legal system but issues can be legal but not ethical. Difference between Business Ethics and Social Responsibility. The legal framework establishes laws that govern behavior while the ethical framework contains sets of standards and rules governing the behavior of individuals within groups or professions. 3 Ethical & Legal Responsibilities Test. Four premises (Bok) 1)respect for autonomy 2) respect for human relationships 3)pledge of silence (from counselor) 4) utility (confidentiality useful to society so people who need help will seek it without fear of stigma) Term. The Case for Disclosure. The responsibilities of a medical assistant can vary, depending on the type and size of organization he works for. Remember that we previously defined stakeholders as those with a legitimate interest in the success or failure of the business and the policies it adopts. 10/30/19, 11(42 AM Business Ethics Ch4. It is still obliged to perform beneficial activities for society, while business ethics should make a … Footnote 5 For these reasons and more, the responsibility to act ethically rests ultimately on the individual researcher. Companies, though they are committed to be socially responsible for their behaviour have been found to be engaging in acts that cannot be called ethical. C. No, because law is always superior to ethics. Chapter 5 quiz. Start studying Chapter 5 legal and ethical responsibilities. 25. Read each question carefully and choose the best answer. Here in this NCLEX sample exam, you will get lots of questions related to the topic. D) Sometimes laws are needed to uphold ethics. Breaking a code of ethics is not a crime in itself. with the ethical standards of their profession, and a need to feel competent in dealing with legal issues that arose in their work. Requires students with disabilities to have an Individualized Education Plan(IEP) When do ethical dilemmas occur? Colleen Farrell. Nurse maintains competence in order to render Quality Nursing Care Nurse values research as a means of development of nursing profession and participates in nursing research adhering to ethical principles. There is a temptation to see the law and ethics as the same – so long as we’re fulfilling our legal obligations we can consider ourselves ‘ethical’. Are ethical and legal responsibilities the same? Legal troubles or a reputation for having legal troubles will only lessen the price for a business and will even lessen the value of the company’s stock as bad legal news comes to the public’s attention.) They frequently had difficulty distinguishing between legal and ethical issues. Their stance is that a CEO’s main responsibility is to maximize profits and shareholder value within legal parameters—even if that means having low ethical standards. This includes assisting other staff to do the same. * Occupational Safety & Health Administration. You might think it’s obvious, but it’s not, as evidenced by the fact that a former student recently told me that his Finance professor explicitly told him that if something is legal, it’s ethical… Second, the responsibility in question is not predominantly a legal responsibility. The difference is the law controls what people can and cannot do while ethics are moral standards that differentiate wrong from right. Required of schools receiving federal funding 3. 3.3 Solving Ethical Dilemmas With values as focal point, the National Association of Social Workers has created a framework that is used by social workers to address ethical dilemmas.The framework includes six steps: [1] Determine whether there is an ethical issue or/and dilemma. In addition to identifying specific ethical standards, White (1993) suggested consideration of the following when making ethical decisions: 1. Learn vocabulary, terms, and more with flashcards, games, and other study tools. A code of ethics can also have some drawbacks. Start studying Legal and Ethics. The fact that something is legal doesn’t make it ethical. B. Patient-physician relationships: Opinion E … Their stance is that a CEO’s main responsibility is to maximize profits and shareholder value within legal parameters—even if that means having low ethical standards. Start studying Ch. The purpose of this chapter is to provide the ethical, legal, and economic foundations that underpin the patient education initiative, on the one hand, and the rights and responsibilities of the provider, on the other hand. They are an outgrowth of the development of the legal profession itself.. Background. Nurses are highly accountable to patients, the public, employers, and the entire profession. This would avoid the legal and ethical consequences of altering the medical chart, and at the same time allow Jill First, a code of ethics does not have legal authority. Physicians have a legal and ethical responsibility to provide healthcare that is appropriate for the patient. It is also available as an app. Manipulation, a form of unethical sales behavior, unfairly reduces or eliminates a buyer’s ability or opportunity to make a choice. B. B) Everyone agrees to the same code of ethics. In the legal world, ethical behavior is of the utmost importance. The NCLEX Exam: Legal and Ethical Considerations includes 65 multiple choice questions in 2 sections. Legal troubles or a reputation for having legal troubles will only lessen the price for a business and will even lessen the value of the company’s stock as bad legal news comes to the public’s attention.) For students ages birth - 21 years of age with documented disabilities 5. the moral-rights … Informed consent is the process in which a health care provider educates a patient about the risks, benefits, and alternatives of a given procedure or intervention. Ethics and ethical practice are integrated into all aspects of nursing care. Although law and. The Trusted Standard in Research, Ethics, and Compliance Training The Collaborative Institutional Training Initiative (CITI Program) is dedicated to serving the training needs of colleges and universities, healthcare institutions, technology and research organizations, and governmental agencies, as they foster integrity and professional advancement of their learners. There are a number of legal and social responsibilities facing the board of directors of an organisation. D. The scope of practice, confidentiality, working within levels of professional responsibility, professional development issues, staffing patterns, and/or recordkeeping. In this section of the NCLEX-RN examination, you will be expected to demonstrate your knowledge and skills of legal rights and responsibilities in order to: Some of the legal terms that you must be familiar with include these: Common Law: Common law is law that results from previous legal decisions. Spend your time wisely! A Framework for Ethical Decision Making. You might think it’s obvious, but it’s not, as evidenced by the fact that a former student recently told me that his Finance professor explicitly told him that if something is legal, it’s ethical… Nurse Practice Acts are laws in each state that determine the legal duties and responsibilities of a nurse to patients, other nurses, and the community. Q. Healthcare is mainly affected by criminal laws. Failure of a professional to use the degree of skill expected, resulting in injury. For a case study that examines legal rights and ethical responsibilities with regard to medical care and informed consent, read Patient Autonomy & Informed Consent. The new assistant sales manager is paid a salary that seemed attractive in his former Kansas City area. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and, at the same time, assume that justice is being done. ... A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Ethical issues reflect one's view as legal issues reflect the law. This entails that information presented to different parties be consistent, and that short-term and long-term consequences of honest communication are to be accepted as one’s responsibility. A) Everyone is ethical nowadays. This document is designed as an introduction to thinking ethically. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Ethical dilemmas in respiratory care often involve what? Those who believe human life begins at conception are correct about their biology, but wrong about morality. Legal responsibilities are also depicted in Eigure 1, and we will consider them next. The doctor-patient relationship, unlike an arms-length transaction, is a fiduciary relationship. Sometimes, acting in ways that are ethical and legal are one and the same thing. Other times, they are not. Ethics are a set of standards that govern the conduct of a person, especially a member of a profession. Ethical and legal responsibility of counselors working in educational environments to advocate for the academic needs of these client-students 4. Another reason to think about ethics in connection with law is that the laws themselves are meant to express some moral view. The legal circle Christopher Stone distinguishes between two senses of legal responsibility: responsibility 1, which emphasizes following the law, and responsibility 2, which emphasizes deliberation with preparedness to give good reasons for one's actions in terms that admit for generalization. Treat all coworkers and health care workers with dignity and respect. The study of ethics in human communication is hardly a recent endeavor. responsibilities. Administrative law. Personhood is the status of being a person. Legal ethics is a term used to describe a code of conduct governing proper professional behavior, which establishes the nature of obligations owed to individuals and to society. Code of Medical Ethics Opinions: Responsibilities of physicians & patients. Ethical values are universal rules of conduct that provide a practical basis for identifying what kinds of actions, intentions, and motives are valued. ethical theory that is founded on the ability to predict the consequences of an action. With complete coverage of the ethical principles that inform the role of the paralegal, Ethics and Professional Responsibility for Paralegals, Eighth Edition is ideal for use as either a primary course book, or a supplementary text. Morals are concerned with the principles of right … legal responsibilities. Yes, because companies have duties of legal and ethical responsibility to assert right or wrong Answer: Answers: A. You are given one minute per question. CHAPTER 17 - ETHICAL AND LEGAL RESPONSIBILITIES OF SALES MANAGERS - Spiro 3. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Start studying ID 110 Ethical and Legal Responsibilities. Additionally, they must abide by legal requirements for disclosing information that affect the welfare of others Credit - Give due credit to those who you get ideas from. Additionally, the “honesty” principle of ethical communication is linked inexorably to other core principles – consistency and responsibility. Yes, they are the same standards of behavior and must be followed. The Ethics and Value of True Interprofessionalism. the ethical responsibilities and legal issues of nursing practice. Ethical practice guidelines have been around since the early days of nursing. Practitioners of law emerged when legal systems became too complex for all those affected by them to fully understand and apply the law. * Uphold social order and protect the rights of individual, * Rules and regulations established by government agencies, * Made by administrative agencies appointed by the president or governor. Medical assistants are required to follow a rule of ethics, and also a set of legal guidelines, depending on which state they practice in. C) Companies are not interested in ethics training. Giving medications to residents despite their refusal is an example of assault and battery. Medical ethics is founded on a set of core principles that are based on respect to patients as individuals. The standards outline professional responsibilities and provide direction for fulfilling those ethical responsibilities. Legal and Ethical Aspects in Sonography. Legal ethics, principles of conduct that members of the legal profession are expected to observe in their practice. Which ethical rule states that if an action Cannot be taken repeatedly it is not right to take at all quizlet? Definition. In other words, the ethical responsibility permanently makes the legal responsibility to extend and at the same time imposes even higher expectations to businessmen in order to act at an even higher level than the one imposed by the law. 3. When the underlying principles of an ethical system appear to contradict each other and no clear answer emerges ETHICS A system of principles a society develops to guide decision making about what is right and wrong; it helps people deal with difficult and complex problems that lack easy answers In order to maintain a license to practice law, attorneys agree to uphold the Rules of Professional Conduct , adopted by the American Bar Association (ABA) in 1983. When there are two equally desirable or equally undesirable choices. Even issues that seem straightforward can present numerous hidden traps—both legal and ethical… 50. Many times the term law is juxtaposed with the term ethics, but there is a difference, as ethics are the principles that guide a person or society, created to decide what is good or bad, right or wrong, in a given situation. Legal ethics, principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself. Practitioners of law emerged when legal systems became too complex for all those affected by them to fully understand and apply the law. Legal and ethical issues arise frequently, and are commonly encountered in certain fields such as medicine, healthcare and politics. According to Carroll, the social responsibility of business encompasses the economic, legal, ethical, and discretionary expectations that society has of organizations at a given point in time. For example, nurses are held to ethical principles contained within the American Nurses Association Code of Ethics. Updated 7/22/2021. [1] Ethics are moral principles that govern how the person or a group will behave or conduct themselves. Q. According to law, only a natural person or legal personality has rights, protections, privileges, responsibilities, and legal liability. Q. Corporate Social Responsibility. They are an outgrowth of the development of the legal profession itself.. Background. Definitions The regulated harvest of trees is legal, but is considered by many as unethical. Ethical responsibilities usually align with legal … Ethics regards standards of moral judgement and professional conduct. 3. Business is focused on profits but with social responsibility. Ethical behavior is of the development of the dentist patient legal when it is essential that understand... Patterns, and/or invasion of privacy, nation, or territory, (!, which makes the ethics of decisionmaking very difficult Companies ” also provides examples of workforce and workplace and... 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