comment on this post include refences

Question comment on this post include refencesLegality refers to an adherence of an action to the law. Law is structured and concrete, as it is established through official documentation of a governing body. Ethics refers to a code that guides behavior. Ethical codes are less concrete than legal code; they can change and develop but may do so through less formal documentation. Cultural values will dictate ethical code, whereas written and established law will dictate legality.As an example, ethical codes of human rights and equality informed the Abolitionist Movement in America, which began roughly in the 1820’s (Abolition and the Abolitionists, 2019). However, a national law abolishing slavery wouldn’t be established until 1865 with the 13th Amendment. This example reflects how ethical codes may embrace values that are not reflected in the law. Law can be anachronistic or non-reflective of the relevant zeitgeist, whereas ethical codes may be more easily adaptable. However, based on ethical codes evolving from an informal societal set of values, ethics are less concrete and established. Therefore, ethical codes can be variable even within a society. Indeed, one would assume that an abolitionist and a slave owner would assume different sets of ethical standards that guide their behavior and moral values.I would argue that ethical codes tend to inform law. Rothstein (2009) highlights how the principle of informed consent was influenced by the severe ethical violations of human medical testing in concentration camps: “The Nuremberg Code established the ethical requirements for biomedical research on human subjects…The Code’s widely cited first principle is that no research may be conducted without the informed consent of the subject. ‘The voluntary consent of the human subject is absolutely essential.'” This example demonstrates how an evaluation of ethical rights provided the foundation for establishing a formal documentation of informed consent. Rothstein also points out how ethical dilemmas surrounding end-of-life care provided the impetus for legislation in the United States to formalize advance directives in the Patient Self-Determination Act of 1990.Rothstein summates another distinction to be considered when distinguishing legality and ethics: “In matters such as privacy, conflicts of interest, and respect for persons, the law usually sets minimum standards of what must be done. By contrast, codes of ethics of health professionals and scholarship in bioethics generally set loftier goals of what ought to be done.” This distinction emphasizes that there must be a balance between ethics and law. What ought to be done may not always be clear or possible, while the minimum standards of behavior may not be acceptable. The relationship between legality and ethics may be appropriately represented as a balance or spectrum. Legality and ethics may be on opposite ends of the scale or spectrum, but are still connected.An example of healthcare ethics violation occurs when healthcare providers provide inaccurate misinformation to patients or the public. The Federation of State Medical Boards (FSMB) issued a warning that physicians who provide misleading or false information regarding COVID vaccines (Drees, 2021). Drees cites a statement from the FSMB that reflects upon physician responsibilities of public trust and duties to share factual information to maximize patient and public health. Physicians who share inaccurate information thereby violate ethical standards relating to honesty (being truthful to the public) and beneficence (working for the greater good).An example of potential healthcare law violation can be seen in Montana, where the state government has banned companies from requiring COVID vaccines (Samuels, 2021). According to the article, the state has determined that requiring the vaccine as a condition of employment is discriminatory and violates human rights laws. The situation reflects the ethical dilemma present in the national discourse regarding COVID and vaccination. National or local level legislation will have to consider ethical standards or values that may conflict. For example, if an employee refuses the COVID vaccine and is terminated, the termination could be viewed as an appropriate course to maximize employee safety, or it could be considered a violation of the employee’s right to self-determine healthcare. References:Abolition and the Abolitionists. (2021). National Geographic. Retrieved August 21, 2021 from https://www.nationalgeographic.org/encyclopedia/abolition-and-abolitionists/.Drees, J. (2021). ??Physicians who post COVID-19 vaccine misinformation may lose license, medical panel says. Becker’s Health IT. https://www.beckershospitalreview.com/digital-marketing/physicians-who-post-covid-19-vaccine-misinformation-may-lose-license-medical-panel-says.htmlRothstein M. A. (2009). The role of law in the development of American bioethics. Journal international de bioethique = International journal of bioethics, 20(4), 73-111. doi:10.3917/jib.204.0073 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3038328/Samuels, I. (2021). Montana becomes the first U.S. state to ban vaccine requirements for employees. Fortune. https://fortune.com/2021/08/20/montana-first-us-state-to-ban-covid-vaccine-requirements-employees/. Health Science Science Nursing AH 130 Share QuestionEmailCopy link Comments (0)

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