Ethical and Legal Issues in Nursing
  • Publication Date: May 13, 2019
  • ISBN: 9781554813964 / 1554813964
  • 320 pages; 6½" x 9"
Exam Copy

Availability: Worldwide

Ethical and Legal Issues in Nursing

  • Publication Date: May 13, 2019
  • ISBN: 9781554813964 / 1554813964
  • 320 pages; 6½" x 9"

This book is a comprehensive introduction to the many ethical and legal issues that arise in the practice of nursing. Ethical analysis is supplemented with rigorous discussion of precedents from the American legal system as well as the requirements of professional codes operating at the national and state levels. Topics include informed consent, end-of-life treatment, impaired decisional capacity, privacy and confidentiality, and much more.

Comments

Ethical and Legal Issues in Nursing is a wonderful resource for students of nursing ethics and law at all levels. The book strikes the perfect balance between theory and application—it is eminently practical without sacrificing the philosophical rigor characteristic of the best work in healthcare ethics. The authors cover the core topics in nursing ethics using an abundance of detailed, relevant, and challenging case-studies. Indeed, one would be hard-pressed to find a better use of case-studies in a nursing ethics text. The discussion of the law (both judicial decisions and statutes) is comprehensive and highly relevant. Especially important is the book’s focus on the difference between ethics and law, and discussion of how nurses ought to respond when ethics and law conflict. Ethical and Legal Issues in Nursing will surely become a primary textbook for nursing ethics students, as well as a valuable resource for practicing nurses.” — Eric Vogelstein, Ph.D., Associate Professor, School of Nursing and Department of Philosophy, Duquesne University

“The authors have provided a valuable tool to help nursing students understand the role nurses have in caring for patients and the ethical decisions they face daily in practice.” — C. Denise Neill, PhD, RN, CNE, Director and Associate Professor, School of Nursing, Sam Houston State University

Acknowledgments

Introduction

  • BASIC LAW
    • The American Legal System
      • Common law
      • State and federal courts
      • Statutory law
      • Executive orders and agencies
      • Constitutional law
      • Criminal and civil law
  • EXERCISES

Chapter 1: Moral Decision Making: Theory and Practice

  • WHAT IS MORALITY?
  • CONSEQUENTIALISM AND DEONTOLOGY
    • Consequentialism
      • Rule consequentialism
    • Kantian Deontology
      • The categorical imperative
      • The respect principle
    • Rule Theory
  • ALTERNATIVE APPROACHES
    • Principlism
    • The Ethic of Care
  • PRACTICE ETHICS: NURSING
  • IS THERE A MORAL OBLIGATION TO OBEY THE LAW?
  • CULTURAL SENSITIVITY
    • The Importance of Cultural Sensitivity
    • Reacting to Patients: Responding to Differences
    • Responding to Patient Biases
    • Cultural Competence and Translation
  • CONCLUSION
  • FOR FURTHER CONSIDERATION
  • EXERCISES

Chapter 2: Regulation of Nursing

  • LICENSURE, CREDENTIALING, CERTIFICATION, AND ACCREDITATION
  • NURSE PRACTICE ACTS AND NURSING BOARDS
  • LEGAL STANDARDS OF CARE
  • NEGLIGENCE AND MALPRACTICE
    • Requirements of a Negligence Lawsuit
    • Nurses’ Relationship to Other Providers
      • Employee of facility
      • Agent of physician
  • CONCLUSION
  • FOR FURTHER CONSIDERATION
  • EXERCISES

Chapter 3: Informed Consent

  • THE RIGHT TO INFORMED CONSENT
  • ELEMENTS OF INFORMED CONSENT
    • Disclosure
      • Risk
      • Expected benefits
      • Alternative treatments
      • Absence of treatment
  • WAIVING AND DELEGATING INFORMED CONSENT
    • Proxy Decision Making
    • Advance Directives
  • INFORMED CONSENT: ETHICAL ISSUES
    • Constraints on Informed Consent
      • Coercion
      • Manipulation
      • Offers and rewards
      • Influence
      • Medical paternalism
    • Autonomy versus Beneficence
    • Ethical Evaluation of Informed Consent
    • Informed Consent and Ethics Committees
  • INFORMED CONSENT: LEGAL ISSUES
    • The Scope of Informed Consent
      • Community of physicians standard
      • Reasonable physician standard
      • Objective patient standard
      • Subjective patient standard
      • Hybrid standard
    • Three Exceptions to Informed Consent
      • Incompetency
      • Emergency care
      • The therapeutic privilege
    • Revising Informed Consent
    • False Imprisonment
  • NURSES AND INFORMED CONSENT
    • Ethical and Professional Considerations
    • Legal Duties of Nurses Regarding Informed Consent
    • Exceptions to the General Rule
  • CONCLUSION
  • FOR FURTHER CONSIDERATION
  • EXERCISES

Chapter 4: End of Life and the Refusal of Treatment

  • THE NURSE’S ROLE IN END-OF-LIFE DECISIONS
  • THE CRITERIA FOR AND MEANING OF DEATH
    • Persistent Vegetative States
  • MEDICAL FUTILITY
    • What Is Medical Futility?
      • Physiological or strict futility
      • Quantitative futility
      • Qualitative futility
  • CASE STUDIES OF MEDICAL FUTILITY
    • Are Wanglie and Baby K Cases of Medical Futility?
  • HOW CERTAIN? WHAT IS THE CHANCE OF SUCCESS?
  • POLICIES ON FUTILITY
    • American Medical Association
    • American Thoracic Society
    • The ANA Code
  • DISCONTINUING MEDICAL TREATMENT AND ADVANCE DIRECTIVES
    • Determining whether to Discontinue Treatment
      • Family consent
      • Substituted judgment
      • Best interest standard
      • Mixed standard: Limited objective test
    • Withdrawing versus Withholding Treatment
    • Passive Euthanasia
    • Active Euthanasia and Physician-Assisted Suicide
    • The Law of Assisted Suicide
    • Nurses and Physician-Assisted Suicide
  • ETHICAL AND LEGAL FOUNDATIONS OF INFORMED REFUSAL
    • The Ethics of Informed Refusal
    • Legal Foundations of Informed Refusal
      • Karen Quinlan: Privacy and treatment
      • Nancy Cruzan: Clear and convincing evidence
      • Elizabeth Bouvia: Do motives matter?
      • Removing respirators versus removing feeding tubes
      • Other cases: Schiavo and Borenstein
  • TREATMENT DECISIONS INVOLVING CHILDREN
    • Birth Defects and Treatments
    • Parental Autonomy and Mandated Treatment
    • Refusal of Treatment for Religious Reasons
  • CONCLUSION
  • FOR FURTHER CONSIDERATION
  • EXERCISES

Chapter 5: Privacy and Confidentiality

  • PRIVACY
    • Moral Support for the Right to Privacy
      • Covert surveillance
    • The Legal Right to Privacy
  • CONFIDENTIALITY: THE NURSE-PATIENT RELATIONSHIP
    • The Nurse’s Obligation of Confidentiality
    • HIPAA Regulations
    • Maintaining Confidentiality
    • Legal Exceptions to Confidentiality
      • Evaluating the Tarasoff case
    • HIV and the Law
    • Privacy and Adolescents
    • Privacy and Social Media
  • CONCLUSION
  • FOR FURTHER CONSIDERATION
  • EXERCISES

Chapter 6: Impaired Decisional Capacity

  • ASSESSING CAPACITY
    • The Nurse’s Obligation
  • THE MEANING OF DECISIONAL CAPACITY
    • Ability to Communicate a Decision
    • Ability to Understand Medical Circumstances
    • Ability to Reason about Medical Circumstances
    • Ability to Appreciate Medical Circumstances
  • MENTAL ILLNESS AND CAPACITY TO CONSENT
  • ENHANCING CAPACITY
  • CAPACITY: SPECIAL CONCERNS
    • Capacity: Young and Old
    • Religion and Capacity
  • DOES REJECTION OF TREATMENT INDICATE INCAPACITY?
  • ERRING ON THE SIDE OF AUTONOMY
  • ASSESSING CAPACITY
  • CONCLUSION
  • FOR FURTHER CONSIDERATION
  • EXERCISES

Chapter 7: Integrity and Advocacy

  • NURSING AND INTEGRITY
    • Conscientious Objection
    • Compromise and Integrity
  • RELATIONSHIPS AND ADVOCACY
    • Boundary Violations
  • WHEN THE NURSE IS AT RISK
  • UNIONIZATION AND CAREER SATISFACTION
  • CONCLUSION
  • FOR FURTHER CONSIDERATION
  • EXERCISES

INDEX
INDEX OF COURT CASES
INDEX OF STATUTES

Joseph P. DeMarco is Professor Emeritus of Philosophy at Cleveland State University. Gary E. Jones is Professor of Philosophy at the University of San Diego and a member of the California Bar Association. Barbara J. Daly is the Gertrude Perkins Oliva Professor in Oncology Nursing at Case Western Reserve University and Clinical Ethicist at University Hospitals Cleveland Medical Center.

  • — An introduction to the ethical and legal issues that arise in nursing practice, designed especially for nursing students.
  • — Informed by expert knowledge of ethical theory, laws & codes, and nursing practice.
  • — Real-life legal cases and scenarios are discussed throughout as a means of illustrating the importance and complexity of the issues at hand.
  • — Summaries and discussion questions help the reader to understand and process the subject matter.

Every new copy of Ethical & Legal Issues in Nursing includes a passcode granting access to a companion website. This website provides useful additional material for students and nurses:

  • — A comprehensive collection of summarized and excerpted legal cases relevant to the practice of nursing
  • — Selected and edited state codes of nursing, as well as codes relevant to other aspects of health care provision
  • — An “Ethics Digest” containing encyclopedic entries on additional topics such as prima facie duties and social contract theory
  • — A collection of interactive case studies in which the reader analyzes realistic scenarios through a series of multiple choice questions

If you purchased a used copy of the book and did not receive an access code, you can purchase one here.