Ethical Legal Dilemma Advanced Practice Nursing

Assignment Details Case Study Ethical Legal Dilemma Advanced Practice Nursing Course outcomes addressed in this Assignment:Apply theoretical frameworks and concepts to ethical dilemmas in the advanced practice role. 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 as a nurse practitioner. Apply relevant codes of conduct that apply to the practice of nursing. 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 nursesâ?? 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. Description In the Unit 2 topic 1 Discussion, you chose an ethical-legal dilemma that would cause the advanced practice nurse moral distress. You will write the introductory paragraphs for the Unit 4 Assignment. You will continue working on the topic you have chosen and submit the paper using the most recent version of APA format. The paper should have a minimum of seven citations and some of these should be case law or applicable statutes. The Library has Westlaw Campus Research database where you can find case laws that relate to your topic. The APA Manual and the textbook have instructions on legal formatting. Assignment Requirements: use APA 6th Edition format.


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Evaluation of Ethical Models and the Ethics Committee
Dilemma: A pregnant woman who was raped wanted to abort the pregnancy. The moral dilemma
was taking the life of the fetus
Forcing a pregnancy by rape to be carried to term could be interpreted as cruel and
callous. According to Jarvis Thomson A Defense of Abortion, the right to live does not include
the right to use a foreign body even if this translates to the abortion of the fetus (Kwak, (2017).
Both parties, the fetus and the victim of rape are innocent but such should not obstruct the fact
that the fetus has any rights. The rapes woman has a right to procure an abortion and arguments
against abortion is forcing her to be reminded of the rape and this could result in mental strain,
and hence should not be enforced by legislation or condemned from a moral standpoint.
The central claim in the pro-abortion argument by Thomson is that one personâ??s right is
not a generation of a corresponding duty on others to offer that person means to sustain life.
Thomson at the very beginning of her argument grants that the fetus is a person who has the right
to life (Lu, 2011). As a result, the controversy is redirected from the status of the fetus and
instead the contest of rights between the mother and fetus. The mother possesses a right to
control her body and that the right to life protects against unjustly murder as opposed to the right
to be afforded all the necessities for maintaining life (Lu, 2011). Thomson adjudicates for the
rights between the mother and fetus and determines the rightness of wrongness of abortion.
The ethical committee would be responsible for determining whether the moral
requirement of the action under the control of the mother is respectful of moral rights. Thomson
turns the moral dilemma into a question of the contesting rights between the mother and the fetus
(Thomson, 1976). The ethical committee would determine whether even with a right to life, the
fetus is entitled to the motherâ??s body.
Kwak, M. S. (2017). Morality of Abortions in Cases of Rape(Doctoral dissertation).
Lu, M. (2011). Abortion and Virtue Ethics. In Persons, Moral Worth, and Embryos (pp. 101123). Springer, Dordrecht.
Thomson, J. J. (1976). A defense of abortion. In Biomedical ethics and the law (pp. 39-54).
Springer, Boston, MA.
Ethical-legal dilemma that would cause the advanced practice nurse moral distress
Ethics are standards of conduct that govern an individual. These standards incorporate
independence, equity, devotion, usefulness, non-evil, veracity, standard of best advantage, and
commitments (Daughen, 2017, p. 103). Ethical nursing practice is the capacity to give quality
patient care while thinking about the patient’s desires, treating every individual similarly,
regarding social convictions, not deliberately and to satisfy required duties. It is imperative for
nurses to take after the code of ethics in order to abstain from making a patient hurt and being
sued because of carelessness or negligence (Standing, 2014, p. 217).
Nurses have both legal and ethical commitments while giving consideration to patients. It
is difficult for people to differentiate legal and ethical framework, it is because of this that people
some of the time erroneously assert things as rights that are truly benefits, concessions, or
flexibilities. Nurses are legally required by law to give protected and satisfactory care to patients
allocated to them (Teixeira, et al., 2014, p. 101). Furthermore, nurses have an ethical commitment
not required by law to endeavor give the most ideal care to patients. Choosing what is correct or
wrong and of what might be troublesome for nurses when given certain circumstances.
An ethical-legal dilemma that I once faced was that of a pregnant woman who actually
raped and needed help in aborting her pregnancy. Legally, one is allowed to undertake abortion
in cases where she was forced into a sexual activity especially when an individual is raped
(Hankivsky, 2014). It is because, such pregnancy resulting from rape is unplanned for. However,
it is not moral to take the life of the fetus and this really caused moral distress in me as I was on
duty that day. I could think to help her in aborting her because she was tortured, but again I could
consider taking the life of the fetus immoral. Even though I took her through the abortion process
and assisted her, still the act caused moral distress in me.
Daughen, V. (2017). Approaching ethical dilemmas with CARE. Nursing, 47(11), 69. doi:
Hankivsky, O. (2014). Rethinking Care Ethics: On the Promise and Potential of an
Intersectional Analysis. The American Political Science Review, 108(2), 252-264.
Retrieved from
Teixeira, C., Ribeiro, O., Fonseca, A., & Carvalho, A. (2014). Ethical decision making in intensive
care units: A burnout risk factor? Results from a multicentre study conducted with
physicians and nurses. Journal of Medical Ethics, 40(2), 97-103. Retrieved from
Standing, M. (2014). Clinical judgement and decision-making for nursing students.

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