Legal and Ethical Duties

In: Business and Management

Submitted By CPMR
Words 1576
Pages 7
Week#7 MSAC 601
Legal and Ethical Duties of Care
Due: Monday, April 20th, 2014
CPMR

Abstract This paper addresses the duty of care, duty of loyalty, and ethics of care issues that arise in the workplace. It outlines the nature and scope of care that employers are ethically obligated to give their employees. Characteristics of duty, and how it can be implemented are provided, along with how to deal with issues that arise. Duty of care is the principle that directors and officers of a corporation have in making all decisions in their capacities as corporate fiduciaries, who must act in the same manner as a reasonably prudent person in their position would (Cornell, 2015). Duty of care is considered a business judgment rule which is met as long as the fiduciary executed a reasonably informed, rational judgment in good faith, that didn’t occur with a conflict of interest. A court needs to be able to agree with the business judgment or the plaintiff needs to be able to adequately prove that the standard was not met. Even if the plaintiff can show that the standard was not met, as long as the defendant fiduciary can prove that a fair process was used and a fair outcome resulted from the decision then they can still meet their duty of care.
Duty of loyalty is the principle that directors and officers of a corporation take in making all decisions in their capacities as corporate fiduciaries and must act without personal economic conflict (Cornell, 2015). This principle can be breached when there is self-dealing or taking corporate opportunity. When it comes to employees, the duty of loyalty to employees should be that the best suited employee is the one that gets the advancement, for example.
Ethics of care claims that ethics need to be impartial, unlike traditional ethical theories which assume ethics have to be impartial (Velasquez, 2012). The…...

Similar Documents

Nine Legal Duties

...“Nine Legal Duties” Michael Brown Lana Williams 5-7-12 M & W11:00-11:50 HUPF 3063 When planning a workout or skill, make sure you take it into consideration that all athletes are the same. Some of the coach’s athlete’s need more assistance than other’s. Never teach a skill too fast. It is advice that a coach shouldn’t advance the skill too quick; it could lead to a very dangerous situation. When planning an activity, the coach should consider each athlete’s capacity. Some are going to be in shape than others. This doesn’t mean to push forth and make progression. Make sure that each athlete ready before planning any workout. By doing fitness test will determine each athletes standards. Remember to develop a well plan that includes progression. If the athlete isn’t progressing throughout the season, then you should adapt the workout to their needs. Over working can lead to failure in the athlete. By keeping records of each athlete will help a coach see his or hers training ability. Provide proper instruction can prevent injuries. It’s a coach’s duty to provide and teach the skill correctly. Also this duty teaches techniques, tactics, and rules of your sport. It also provides the developmental level of your athletes. When teaching them a skill, drill, or any form of a workout; make your instructions clear. Don’t expect your athletes to know what exactly your trying to make them do. When your athlete has completed a task or skill, make sure you give them positive......

Words: 994 - Pages: 4

Ethical and Legal Issues in Pharamcy

...Ethical and Legal Issues in Pharmacy Name HCA322 Instructor December 16, 2013 Back in the 1990’s, the baby boomer generation stepped into their middle age years. Since it is not uncommon for people to begin having health issues at this age, there became a larger demand for healthcare services, and a huge demand for more prescription medications. The demand that was placed on the pharmaceutical industry brought about an urgent need for the teaching of professional ethics in schools of pharmacy. The measures taken in response to this demand were very necessary as the public now places such high expectations on pharmaceutical professionals, and rightfully so. They have access to both lifesaving and life-ending drugs and they possess knowledge that the common person finds intimidating. Patients feel a sense of vulnerability with all of the aspects involved with the industry that they may not understand such as the electronic transmission of information, electronic records, e-scripts, delivery and the complexity of health interventions, along with legal limitations, the many different medical specializations and the sharp rise in the use of generic pharmaceuticals (Klepser, et. al., 2008) It is possible that a pharmaceutical professional may find themselves in vulnerable positions as well, feeling trapped between their own personal ethics and the liabilities placed on them by their profession. They may find themselves sometime questioning as to whether they can fully uphold...

Words: 1701 - Pages: 7

Ethical and Legal Issues in Nursing

...ETHICAL AND LEGAL ISSUES OF Nursing Many confusing factors make it a task to establish, monitor and sustain ethical and legal issues in nursing. Everyone has various personal views based on experiences of life, religion, education and political affiliations, all nurses should be aware about nursing laws and ethics and understand how nursing legal issues can affect them. The American Nurses Association (ANA) Code of Ethics is very influential to nurses because it is used as a framework for making ethical decisions with all aspects of health care. The foundation in any successful professional practice, are based on ethics, values, morals and principles from which the ANA Code of Ethics are formatted. Moral leadership in nursing is about professionalism, responsibility, accountability, and competency. Nurses have an obligation to preserve their patient’s values, beliefs and dignity, to assure optimal health care, personal well- being, and promote quality of life. In all aspect of nursing, nurses are role models, healthcare providers, patient advocates and are required to meet the needs of their patients. Which can be done by communicating openly and honestly, being fair and trustworthy, being proactive, and by putting patients first. Nurses are face with ethical dilemmas on a daily basic therefore, must examine their own personal and professional values and morals in order to maintain a caring and compassionate relationship with their patients. When complex......

Words: 956 - Pages: 4

Ethical and Legal Issues in Nursing

...Ethical and Legal Issues Ethical and Legal Issues Faced with ethical and legal decisions on a daily basis, nurses must at times make some pretty tough decisions including how to proceed with care for an incapacitated patient with no advanced directive or how to proceed when called upon to testify against a current employer. The American Nurses Association Code of Nursing Ethics is one of the main tools available for the nurse to utilize when it comes to making these tough decisions. The nurse may apply personal values as well as societal values to these cases in order to come to a sound, ethical decision. The legal aspects of each of these cases can have a profound effect on the continuing career of the nurse, a thorough evaluation is necessary to protect all involved. Finally, the nurse also carries a legal responsibility to her profession, workplace, patients, and self. Ethical and legal decision-making are complex but after a thorough assessment, the nurse can continue to make an ethically and legally sound judgment on how to proceed. Influence of the ANA Code of Nursing Ethics The ANA Code of Nursing Ethics is the first reference when deciding how to proceed with an incapacitated patient who has no advanced directive or how a nurse should react when called upon to testify against an employer in a negligence or malpractice case. This code, designed to assist the nurse in maintaining his or her ethical integrity as well as protect the......

Words: 1176 - Pages: 5

Ethical and Legal Issues in Nursing

...Ethical and Legal Issues in Nursing NUR/391 July 28, 2013 Mary Nicks, MSN, RN Ethical and Legal Issues in Nursing In this paper ethical and legal issues will be reviewed concerning the decisions and responsibilities of the nurse in the case of Marianne who has had a stroke and the decisions that the family is facing for treatment or end of life care. The legal and ethical issues in a malpractice case that occurred several years ago and the responsibility of the nurse to her employer, the nurse being sued, the client in question, and the institution’s client will be reviewed. The areas that will be reviewed include how the American Nurses Association Code of Ethics would influence a final decision in each case study, how personal and societal values can influence the ethical decision making, the fundamental legal aspects of each case study, and the legal responsibility of the nurse in the work setting. The ANA code of Ethics must be followed in practice and is an especially useful tool when there are difficult legal and ethical issues that arise in nursing practice. In the example of the malpractice case for negligence, as a witness to questionable practice, it is the nurse’s primary responsibility to protect the safety of the patient. Although the nurse was correct in reporting the episode to administration, she also had a duty to counsel the nurse about the inappropriate standard of care. The ANA is clear that when a nurse is aware of questionable......

Words: 1444 - Pages: 6

Ethical and Legal Issues

...Ethical and Legal Issues Paper Christel Rockwood NURS/391 March 11, 2014 Renee Martin-Thornton Ethical and Legal Issues Ethics is an integral part to nursing practice. The American Code of Ethics for Nurses (ANA) with interpretive statements acts as a guide for professional conduct by outlining the ethical values of the profession. The Code provides the profession with a statement of responsibility to the public and serves as a basis for individual nursing decisions in clinical situations when ethical dilemmas arise. The code integrates universal, ethical principles which serve as the foundation for ethical actions. Nurses face ethical dilemmas on a daily basis. Our primary goal as nurses is the commitment to protect our patients. Provision 2 of the American Nursing Code of Ethics, describes the nurse’s primary commitment is to the patient. (ANA, 2010). Another important goal is to maintain safety, dignity and accountability. Respect the patient’s confidentiality and autonomy. The Nurse acts as the person who helps and advocates for the patient and their families about health care and end of life decisions. According to the American Nurse Association Code of Ethics, Provision 1:1 states that, “a fundamental principle that underlines all nursing practice is respect for the inherent worth, dignity, and human......

Words: 837 - Pages: 4

Legal and Ethical Issues on the Job

...holders and their customers to follow the legal and ethical principles and regulations that the US has set up. If these companies do not follow the regulations that have been set up for them concerning the basic business ethical principles, many issues can arise, both legal and ethical. Within the business world there are many different issues in ethics that may arise in a business environment. If these issues are not handled correctly then they may turn into a legal battle. Companies need to make it a top priority to give their employees and all who work close to the company an idea of what the company’s mission is and what their overall vision is. They also need to have the knowledge of what is expected of them on the job and how they are expected to act. This will allow the employees to put into practice the correct code of ethics and those policies and procedures that the company has put into place. Fair business practices dictates that a company must put forth good effort to deliver the best level of ethics on a continued basis so that employees, applicants and customers may receive them because they are entitled to them. The goal of this paper is to examine the ethical and legal theories that apply to an ethical situation in the Coca-Cola Company and look to find how the situation could have been avoided. Recently Coca-Cola was sued for a racial discrimination case in the workplace. This paper will look at the study of “legal and ethical issues regarding racial......

Words: 3705 - Pages: 15

Jm Ethical and Legal Issues

...In nursing, many legal and ethical decisions must be made as part of the profession. There are many tools that nurses can use including the America Nursing Association (ANA) Code of Ethics. Nursing staff should listen to patient’s personal and societal values, and know the legal aspects and responsibilities that relate to this profession. In the first case study, a family has had a tragedy where the mother has had a hemorrhagic stroke, and her outcome looks bleak. As a nurse, first the first responsibility is to be empathetic during these tragic times. Then nursing staff needs to help the family unite on whatever their decision. Provision two of the ANA code of ethics state “The nurse's primary commitment is to the patient, whether an individual, family, group, or community.” (Silva, Sorrell, 2006). The family, if they have no medical background, has no clue the avenues of care the facility can take, so they need to be informed. The Code of Ethics in provision three says, “The nurse promotes, advocates for, and strives to protect the health, safety, and rights of the patient.” (Silva, Sorrell, 2006). Many different personal values from different members of the family that need to be addressed so the decision can be made united. When faced with tough decisions, both our personal views and societies outlook can affect the decision making process. Our personal feelings or beliefs can cloud our mind from the big picture. Our heart may say, “Do the surgery!” but we may......

Words: 1408 - Pages: 6

Ethical and Legal Issues in Nursing

...Nurses today face many ethical dilemmas in the delivery of patient care. What can or should be done for the patient versus the wishes of the patient’s physician conflicting with the personal beliefs the nurse holds to be true. The client’s wishes may conflict with the institutional policies, physician professional opinion, the client’s family desires, or even the laws of the state. According to the nursing code of ethics, the nurse’s first allegiance is to the client (Blais & Hayes, 2011, pg. 60). The ethical ideals of each nurse must be weighed with the laws of the state along with providing the most ethical care for the patient. The advancements in medical technology make it possible to sustain a patient life where previously there was no hope of recovery. These advancements have put nurses in the forefront of decision making begging the question “just because we can, should we” to be answered. Nurses need to understand the legalities involved with these new technologies to practice safely and effectively. Scientific achievements have opened new ground for nursing exploration. In response to the need for nursing input into social and legal issues, nurses now find career opportunities as forensic nurses, legal nurse consultants, and nurse-attorneys (Blais & Hayes, 2011, pg. 75). This paper will explore the ethical and legal issues encountered by nurses in two case studies. The American Nurses Association Code of Nursing Ethics could influence a final decision in each case......

Words: 1423 - Pages: 6

Legal and Ethical

...Legal and Ethical Issue The growth and development of internet use has influenced considerable innovations globally. More than a few organizations rely on internet use to operate and to enhance their productivity among other aspects. However, organizational planning in most organizations has recognized that malicious attacks, threats, and vulnerabilities are the major factors affecting organizations. Over the years, Amazon organization has been leading in terms of online business for many years. As a result, there are a number of factors that have influenced its growth and development. One of the major factors that has influenced the growth and development of the organization is effective strategic management. However, despite the growth and development of the company, research shows that the company has faced legal and ethical issues. The two major legal and ethical issues related to Amazon Company include contempt to intellectual property and confidentiality. This paper will describe legal and ethical issue faced by Amazon Inc. Com. Company Description Amazon is one of the major online retailer and other computing services that are normally used in businesses for the benefit of clients. One of the contributing factors of Amazon performance is its globalization. The impact of globalization has effectively enhanced the growth and development of more than a few factors within and outside the organization. The effect or impact of globalization has......

Words: 3675 - Pages: 15

Ethical and Legal Issues in Nursing

...Ethical and Legal Issues in Nursing Team C NUR/391 Ethical and Legal Issues in Nursing Nurses face various ethical and legal issues in the medical setting. As professionals, nurses must be aware of these legal and ethical issues when they occur. Nurses have a legal and ethical obligation to respond to these issues. Being a professional nurse requires a nurse to assess the pros and cons of different situations, but also to withhold their personal beliefs and listen and respect the beliefs and traditions of others. Legally Nursing implications require nurses to maintain licensure, obey state and federal laws and to remain within their scope of practice. Within these legal and ethical issues the American Association Code of Nursing ethics, personal and societal values, legal aspects and legal responsibilities all affect decisions. Two different cases will be discussed and explored; an advance directive case involving a woman by the name of Marianne, and a malpractice case involving a nurse and the involved healthcare organization. The American Nurses Association Code of Nursing Ethics can influence the final decision made in the case study involving Marianne’s family by designating a surrogate. According to "American Nurses Association" (2011), “The nurse supports patients self-determination by participating in discussions with surrogates, providing guidance, referral to other resources as necessary, and identifying and addressing problems in the......

Words: 1826 - Pages: 8

Legal and Ethical Issues

...Legal and Ethical Issues for Health Professionals Student’s Name Institutional Affiliation Legal and Ethical Issues for Health Professionals Public Law and Private Law The law is a set of rules and regulations that are formulated by an authority and are applicable to a given community. According to Pozgar (2012), “the law is rooted in tradition, culture, customs, and beliefs” (p. 180). The primary difference between these two laws is based on who the act affects. If the action affects the society as a whole, then it is a public law but if the act only affects an individual or groups of persons, then it is a private law. Various Sources of Common Law Common law is regulated by customs and existing general principles (Shalhope, 2004). Common law can be derived from previous judicial decisions, statutory law, and administrative law (Pozgar, 2012). The common law that applies to the U.S. has its source in England. The law originated from the King’s court during the early middle ages. The common law has its root in the moral law. The U.S. has most of its common laws originate from the Ten Commandments. Res Judicata and Stare Decisis The Res Judicata principle states that once you file a case, you can not file a subsequent case (Morton, 2014). In the case where a plaintiff prosecutes a defendant for negligence and ends up getting a fair judgment may be barred by the principle from suing the same defendant for another action. According to Pozgar (2012), the Stare......

Words: 1277 - Pages: 6

Ethical and Legal Issues in Nursing

...Ethical and Legal Issues in Nursing NUR/391 Ethical and Legal Issues in Nursing As nurses, it is our duty to advocate for our patients. At times, we are faced with personal and professional challenges that impact how and when we chose to advocate. It is imperative we have a healthy awareness of these potential challenges. Improvements in health care technology have provided patients with an array of treatment options as well as assumed or possible increased chance of survival. As a result, nurses are met with a rise in ethical decision making. This paper will discuss the legal, ethical, social, and personal factors that can impact our decision making process, with the focus on two specific case studies. American Nurses Association Code of Nursing Ethics Role in Practice The American Nursing Association (ANA) has created a set of ethical standards for the profession of nursing to abide by, which is entitled the ANA Nursing Code of Ethics. The ANA Code of Ethics states that collaboration is central to the care nurses deliver and to their ethical commitment to the patient (Garity, 2005). In the end-of-life case study, the nurse (she) has an unwritten obligation to the patient; the family appears to be in conflict with how to proceed with the patient's medical treatment. The medical team has an obligation to give the family all of their options and possible outcomes. If the family remains in conflict, it would then be appropriate for her to refer the family......

Words: 1859 - Pages: 8

Discussion - Legal and Ethical Guidelines

...have a set of clearly stated legal and ethical guidelines? What are the implications for health care? How does this affect the thought that "every person is responsible for his/her own actions"? In this discussion I will attempt to explain why the healthcare industry does not have a set of clearly stated legal and ethical guidelines, what the implications for health care are and how does this affect the thought that "every person is responsible for his/her own actions.". When it comes to the healthcare industry we have to remember that there are many gray areas when it comes to legal and ethical guidelines. Healthcare providers are here to care for the people they are providing healthcare for and every healthcare provider has his or her beliefs on what they may feel is ethical or with in the standards of the law in their practice. On the other hand, the healthcare provider can only does so much as what the patient would like for them to do base on their own personal beliefs and what they believe is ethical. If medical professionals are put in a situation in which hard decisions need to be made, laws and guidelines are set in order to help them make the right decisions. With that being said, this can affect how an individual in the medical profession performs their duties. From an ethical standpoint, it is up to the healthcare professional to asked themselves is what they are doing in order to help their patient if what they are doing is legal, balanced and how it......

Words: 585 - Pages: 3

Ethical & Legal Aspects of Nursing

...Ethical and Legal Aspects of Nursing NUR 391 September 19, 2011 Ethical and Legal Aspects of Nursing Nursing is an ever-changing profession that responds to diverse and complex issues of health maintenance, protection of patient safety, human rights, and dignity. Professional nurses are in a unique position as patient advocates, regardless of practice setting. Nurse’s face inherent ethical decisions making, and they are frequently involved in the ethical decisions both personally and professionally when ethical reason both for and against the choice are both equally desirable (Pierce, 1997). The ANA Code of Ethics with Interpretive Statements offers a statement for every professional nurse’s ethical obligations and duties, ethical standard, and commitment to society (ANA, 2001). Nurse must continuously meet standards of care and the ANA Code of Ethics and uphold fundamental legalities. Taking a closer look into the nurses ethical responsibility and fundamental legalities associated with direct patient care and as it would apply in the case study case study of patient Marianne, a 79 year-old female, who is admitted to the emergency department with hemorrhagic stroke, a grave prognosis of recovery and no advance directive. This paper will discuss legal responsibilities of the registered nurse as witness in a malpractice case of a nurse colleague found negligent in following standards of nursing practice. “The nurse’s primary commitment is to the patient who is......

Words: 1371 - Pages: 6