The remainder of this chapter focuses on health care issues and planning for health decisions. However an unethical act may not be illegal. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. The major difference between these professional expectations being legal, as opposed to ethical, is that from a legal perspective if these expectations are breached in some way there will usually be some form of sanction or adverse consequence for the healthcare professional concerned. In contrast, the correctional nurse may face ethical situations daily. Healthcare ethics and law are intertwined. Ethical and legal dilemmas arise when the health care provider and the patient, or the patient’s family, have differing opinions on appropriate care. When ethical principles are violated, a civil lawsuit often follows. An illegal act, or one that is against the law, is almost always unethical. Together, these legal tools help direct and manage property and health care decisions in accordance with a person’s wishes when the person no longer has the ability (capacity) to make decisions. A health care professional may be torn between the ethics of beneficence (doing good) and autonomy (respecting patient’s wishes). Ethical Concerns For the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas.
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