Ethical amp Legal Issues Autonomy Justice Fidelity Veracity Beneficence Nonmaleficence Ethical Principles Ethical Theories Deontology Kant Conform with the rules Dutybased ethics ID: 590351
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Slide1
Effective Leadership
Ethical &
Legal IssuesSlide2
Autonomy
Justice
FidelityVeracityBeneficenceNonmaleficence
Ethical PrinciplesSlide3
Ethical Theories
Deontology
(Kant)
Conform with the rulesDuty-based ethicsFocuses on the “rightness of the action” and adherence to the rules
Utilitarianism
(Mill)
Do
the most good for the most people
The end justifies the means
Focuses on the outcomeSlide4
Current revised code developed
by the ANA (2001)
1893 – The “Nightingale Pledge” is considered the firstThere has been 10 revisions since the Nightingale Pledge
Code of Ethics for Nurses
http
://
www.nursingworld.org/MainMenuCategories/EthicsStandards/
CodeofEthicsforNurses
/Code-of-Ethics.pdfSlide5
Recognize that there is a problem
Determine the actor
Gather the relevant factsTest for right-versus-wrong issuesTest for right versus-right values
Apply the ethical standards and perspectives
Look for a third way
Make the decision
Revisit and reflect on the decision
Kidder’s Ethical Checkpoints for decision MakingSlide6
Action anxiety
Negative fantasies
Real riskFear of separationPsychological refusal of risk and certainty
False Agreement: The Abilene ParadoxSlide7
Ethical Climates
Healthy
Zero tolerance for destructive behaviors
IntegrityJustice
Focus on process
Focus on structural reinforcement
Unhealthy
Pressure to maintain numbers
Fear & silence
Young ‘ums and bigger-than-life CEOs
Weak board
Conflicts
Innovation like no other
Goodness is some areas; atones for evil in othersSlide8
Which organizational culture is best?
Placing blame
Punitive approach
Focus is on the individual committing the error
Discourages reporting of errors due to fear of consequences
Just culture
Encourages voluntary reporting
Learn from errors
Reward those who report errors or “near errors”
Focuses on needed organizational modificationsSlide9
Knowledge Check Multiple ChoiceSlide10
Knowledge Check Answer
What lesson does the Abilene Paradox teach us?
Voice our concern if there is something we think is illegal, wrong, or unethical in our organization.Go the extra miles to make an ethical decision.Ethical behavior is determined by the masses, not administration.
The rightness or wrongness of a situation is determined by what the majority think.Slide11
Responsibility for Legal Issues
Assure nurses are properly charting and communicating
Assure incident reports are written objectively and in a non-incriminating manner
Encourage nurses to report errors right away
Do not tolerate any form of harassment, abuse, or bullying
Follow laws such as HIPAA, ADA, etc.Slide12
Examples of Laws
Americans with Disability Act (1991)
Patient Self-Determination Act (1991)Advanced directives (dialysis, ventilators, feeding tubes)Durable power of attorney
Good Samaritan LawsHealth Insurance Portability and Accountability Act (1996)
Informed Consent
Violating informed consent is batterySlide13
Knowledge Check MatchingSlide14
KNOWLEDGE check
LAW
DESCRIPTION
Good Samaritan
Encourages
a nurse to stop at the scene of the accident and provide care
American Disabilities
Act
Protects
employees with disabilities
Patient
Self-Determination Act
Patients
must be given information on advanced directives and durable power of attorney
HIPAA
Protects the confidentiality of patient informationSlide15
Use your resources
Be knowledgeable
Set an exampleBe deliberate and transparent in your decisions
Be Smart!!!