MN506-1: Apply theoretical frameworks and concepts to ethical dilemmas in the advanced practice role.
PC 2.3: Demonstrate integrity through the application of relevant codes of conduct and social responsibility within one’s profession.
Please take a moment to watch this Assignment Introduction, or read the presentation transcript.
Instructions:
- Create an ethical legal decision-making dilemma involving an advanced practice nurse in the field of education, informatics, administration, or a nurse practitioner. Apply relevant codes of conduct that apply to the practice of nursing and your chosen field.
- Include one ethical principle and one law that could be violated and whether the violation would constitute a civil or criminal act based on facts.
- Construct a decision that demonstrates integrity and that would prevent violation of the ethical principle and prevent the law from being violated.
- Describe the legal principles and laws that apply to the ethical dilemma.
- Support the legal issues with prior legal cases or state or federal statutes.
- Analyze the differences between ethical and legal reasoning and apply an ethical-legal reasoning model in the case study to create a basis for a solution to the ethical-legal dilemma.
- List three recommendations that will resolve advanced practice nurses’ moral distress in the dilemma you have presented.
- Based on the issue you presented and the rules of the law, apply the laws to your case and come up with a conclusion.
Note:
- This is a fact-based Assignment that will not include your opinion.
- This will require research and support for what is written.
- The Assignment should be in your words after reading the scholarly and fact-based publications and have proper citations. There should be no quotations. The professor wants to hear your voice as a masters trained nurse.
Expert Solution Preview
Introduction:
In this assignment, we will create an ethical legal decision-making dilemma involving an advanced practice nurse in the field of education, informatics, administration, or a nurse practitioner. We will apply relevant codes of conduct that apply to the practice of nursing and the chosen field. Moreover, we will include one ethical principle and one law that could be violated and determine whether the violation would constitute a civil or criminal act based on facts. We will construct a decision that demonstrates integrity and would prevent violation of the ethical principle and the law. Additionally, we will describe the legal principles and laws that apply to the ethical dilemma and support the legal issues with prior legal cases or state and federal statutes. Furthermore, we will analyze the differences between ethical and legal reasoning and apply an ethical-legal reasoning model in the case study to create a basis for a solution. Lastly, we will provide three recommendations to resolve advanced practice nurses’ moral distress in the presented dilemma and apply the laws to the case to formulate a conclusion.
Answer for Content:
To answer each question separately:
1. Ethical legal decision-making dilemma:
An ethical legal decision-making dilemma that can be created involves an advanced practice nurse in the field of nurse informatics. The dilemma revolves around the nurse’s discovery of a healthcare IT system vulnerability that could potentially compromise patient data security. The nurse knows that this vulnerability violates the ethical principle of patient confidentiality and the law regarding the protection of patient health information (e.g., Health Insurance Portability and Accountability Act – HIPAA). The violation of the law would constitute a civil act.
2. Ethical principle and law violated:
The ethical principle violated in this dilemma is patient confidentiality. The law that could be violated is HIPAA, which ensures the protection and privacy of patient health information. The violation of patient confidentiality and HIPAA would constitute a civil act.
3. Decision demonstrating integrity:
To demonstrate integrity and prevent violation of the ethical principle and the law, the advanced practice nurse should immediately report the vulnerability to the relevant authority within the healthcare organization. This action ensures that appropriate measures can be taken to address the vulnerability and protect patient data from unauthorized access.
4. Legal principles and laws:
The legal principles that apply to this ethical dilemma include patient privacy, data security, and the duty to protect patient information. The laws that apply include HIPAA, which specifically addresses the protection of patient health information and sets guidelines for healthcare entities to ensure data security and patient confidentiality.
5. Support with prior legal cases or statutes:
To support the legal issues in this ethical dilemma, we can refer to prior legal cases related to HIPAA violations and breaches of patient confidentiality. Additionally, state and federal statutes related to data protection and healthcare privacy regulations can be cited to further support the legal issues in the case.
6. Differences between ethical and legal reasoning:
Ethical reasoning refers to the process of determining right and wrong based on moral principles and values. It involves considering the potential impact on individuals and society. Legal reasoning, on the other hand, is based on laws and regulations established by legal authorities. It involves interpreting and applying these laws to specific situations. In this case study, ethical reasoning focuses on the principle of patient confidentiality, while legal reasoning applies HIPAA regulations and other relevant laws.
7. Ethical-legal reasoning model:
To create a basis for a solution to the ethical-legal dilemma, an ethical-legal reasoning model can be applied. This model involves analyzing the ethical principles involved, understanding the legal requirements and implications, considering the potential consequences for stakeholders, and identifying a course of action that upholds both ethical principles and legal obligations.
8. Recommendations to resolve moral distress:
To resolve advanced practice nurse’s moral distress in the presented dilemma, the following recommendations are proposed:
– Enhance education and awareness on data security and patient confidentiality among healthcare professionals.
– Establish clear policies and procedures regarding the reporting of IT vulnerabilities and potential breaches of patient data security.
– Implement regular audits and assessments of healthcare IT systems to identify and address potential vulnerabilities proactively.
9. Conclusion based on the law:
Based on the issue presented and the rules of the law, it is evident that the advanced practice nurse has an ethical and legal obligation to report the vulnerability in the healthcare IT system promptly. Failure to do so would not only violate patient confidentiality and HIPAA but also compromise patient data security. By taking responsible action and reporting the vulnerability, the nurse upholds integrity, patient privacy, and legal requirements.
