Certainly! Below is a detailed and comprehensive essay on "Ethical and Legal Issues", designed to cover various aspects across multiple fields, such as healthcare, business, technology, and more. This essay aims to explore
the core ethical dilemmas, legal considerations, and their implications in various sectors.---## Ethical and Legal Issues: An In-Depth ExplorationEthical and legal issues are crucial concerns that impact various aspects of
human life. These issues arise in a variety of fields, including medicine, law, business, technology, and politics, and they often intersect. While ethical concerns relate to what is morally right or wrong, legal concerns focus on
what is permissible according to the laws of a society. As such, understanding these two domains is essential for navigating complex societal interactions, particularly in professional, corporate, and governmental settings.###
1. **Introduction to Ethical and Legal Issues**Ethics and law both serve as foundational principles that guide behavior and decision-making. Ethics refers to a system of moral principles or values that govern the conduct of
individuals and groups. These principles often help people determine what is "right" or "wrong" in different situations. Law, on the other hand, is a system of rules that are created and enforced by institutions to regulate
behavior, ensure order, and resolve disputes.Ethical dilemmas often arise when an individual or organization faces a situation in which different moral principles conflict, or where there is no clear "right" answer. Legal
issues, meanwhile, come into play when actions conflict with established laws or legal norms. The challenge arises in balancing both ethical and legal considerations when making decisions.### 2. **Ethical Issues in
Healthcare**Healthcare is one of the sectors where ethical and legal issues are particularly pronounced. Medical professionals regularly face situations that require them to make complex decisions that not only have life-
altering consequences for patients but also raise profound moral questions. These issues include:#### 2.1 **Patient Autonomy and Informed Consent**One of the fundamental ethical principles in healthcare is respect for
patient autonomy—the right of patients to make decisions about their own bodies and medical treatments. This principle is enshrined in the legal concept of informed consent. Informed consent requires healthcare providers
to disclose all relevant information about the risks, benefits, and alternatives to a medical treatment or procedure, allowing patients to make informed decisions.However, challenges arise when patients are not fully capable
of making informed decisions (e.g., due to age, mental illness, or language barriers). In such cases, ethical dilemmas can arise regarding whether a third party (e.g., a parent or guardian) should make the decision on the
patient’s behalf, and whether the legal framework supports such decisions.#### 2.2 **End-of-Life Decisions and Euthanasia**End-of-life care, particularly decisions regarding euthanasia, brings about significant ethical and
legal debates. While some argue that individuals should have the right to choose a dignified death through euthanasia or assisted suicide, others believe that these practices undermine the sanctity of life. Legal systems across
the world differ on the matter, with some countries or states permitting euthanasia, while others forbid it entirely.#### 2.3 **Confidentiality and Privacy**Medical professionals are ethically and legally bound to maintain
patient confidentiality. The principle of confidentiality is critical for building trust between patients and healthcare providers. However, breaches in confidentiality can occur when healthcare providers are forced to share
patient information due to legal requirements, such as in cases of child abuse or public health emergencies. The balance between maintaining confidentiality and ensuring public safety often creates a complex ethical and
legal dilemma.### 3. **Ethical Issues in Business**In the world of business, ethical and legal issues are common and wide-ranging. Companies are often faced with difficult decisions about how to balance profit motives with
moral responsibility. These ethical issues often extend into areas like corporate governance, consumer protection, employee rights, and environmental responsibility.#### 3.1 **Corporate Social Responsibility
(CSR)**Corporate social responsibility refers to a company’s commitment to managing its operations in ways that benefit society, the environment, and its stakeholders. Companies are increasingly being held accountable
for their environmental impact, labor practices, and contributions to social causes. The ethical question arises about whether companies are genuinely committed to these causes or merely using CSR as a marketing strategy
to enhance their public image. From a legal perspective, businesses may be required to comply with environmental laws, labor laws, and fair-trade regulations, but these legal frameworks often do not fully address the
broader social responsibility that companies should uphold.#### 3.2 **Employee Rights and Workplace Discrimination**Ethical and legal issues surrounding employee rights include matters like equal pay, non-
discrimination, workplace harassment, and labor rights. Ethical concerns include whether companies are doing enough to ensure fairness and equal treatment for all employees, especially in light of issues such as racial
discrimination, gender inequality, and disability rights. Legally, there are numerous frameworks and protections in place, such as anti-discrimination laws, but the challenge remains ensuring that these legal provisions are
enforced and that businesses go beyond mere compliance to foster inclusive and fair work environments.#### 3.3 **Data Privacy and Security**As businesses increasingly collect vast amounts of personal data, ethical and
legal concerns about data privacy and security have become more prominent. Companies face the ethical dilemma of balancing their need for consumer data to improve products and services with the responsibility to
protect sensitive information. Legally, many jurisdictions have to patients with life-threatening conditions. They are highly skilled in using
TEST BANK FOR
Ethical & Legal Issues in Canadian Nursing, 5th Edition 2024 Margaret Keatings &
Pamela Adams
Chapter 1-12
Chapter 01: An Introduction to the Ethics and the Law: A Perspective for Nurses
MULTIPLE CHOICE
1. Which of the following mandates that nurses have a basic understanding of the Canadian
legal system?
a. Provincial and federal nursing bodies
b. The Supreme Court of Canada
c. Provincial nursing labor unions
d. The Drug and Pharmacies Regulation Act, 1990
ANS: A
Feedback
A Correct! Provincial and territorial regulatory bodies, have certain requirements
related to nurses’ knowledge/skill, which includes knowledge of the legal
system.
B Incorrect—The Supreme Court, which is the final court of appeal in Canada, is
not involved in the regulation of health care professionals.
C Incorrect—Labour unions do not focus on nursing standards and knowledge;
rather, they represent the collective bargaining rights of nurses.
D Incorrect—This Act is relevant to nursing in that it regulates the prescribing,
dispensing, and handling of drugs. It does not mandate the knowledge nurses
require about the legal system.
regulate behavior, ensure order, and resolve disputes.Ethical dilemmas often arise when an individual or organization faces a situation in which different moral principles conflict, or where there is no clear
"right" answer. Legal issues, meanwhile, come into play when actions conflict with established laws or legal norms. The challenge arises in balancing both ethical and legal considerations when making
decisions.### 2. **Ethical Issues in Healthcare**Healthcare is one of the sectors where ethical and legal issues are particularly pronounced. Medical professionals regularly face situat ions that require them to
make complex decisions that not only have life-altering consequences for patients but also raise profound moral questions. These issues include:#### 2.1 **Patient Autonomy and Informed Consent**One of
the fundamental ethical principles in healthcare is respect for patient autonomy—the right of patients to make decisions about their own bodies and medical treatments. This principle is enshrined in the legal
concept of informed consent. Informed consent requires healthcare providers to disclose all relevant information about the risks, benefits, and alternatives to a medical treatment or procedure, allowing patients
,to make informed decisions.However, challenges arise when patients are not fully capable of making informed decisions (e.g., due to age, mental illness, or language barriers). In such cases, ethical dilemmas
can arise regarding whether a third party (e.g., a parent or guardian) should make the decision on the patient’s behalf, and whether the legal framework supports such decisions.#### 2.2 **End-of-Life
Decisions and Euthanasia**End-of-life care, particularly decisions regarding euthanasia, brings about significant ethical and legal debates. While some argue that individuals should have the right to choose a
dignified death through euthanasia or assisted suicide, others believe that these practices undermine the sanctity of life. Legal systems across the world differ on the matter, with some countries or states
permitting euthanasia, while others forbid it entirely.#### 2.3 **Confidentiality and Privacy**Medical professionals are ethically and legally bound to maintain patient confidentiality. The principle of
confidentiality is critical for building trust between patients and healthcare providers. However, breaches in confidentialit y can occur when healthcare providers are forced to share patient information due to
legal requirements, such as in cases of child abuse or public health emergencies. The balance between maintaining confidentiality and ensuring public safety often creates a complex ethical and legal
dilemma.### 3. **Ethical Issues in Business**In the world of business, ethical and legal issues are common and wide-ranging. Companies are often faced with difficult decisions about how to balance profit
motives with moral responsibility. These ethical issues often extend into areas like corporate governance, consumer protection, employee rights, and
DIF: Cognitive level: Comprehension
2. Identify one of the reasons why nurses need to have an understanding of ethics.
a. Nurses do not share the same perspectives regarding health care with other health
care professionals.
b. Morality and care are at the heart of nursing practice.
c. Ethics provides a clear answer to nurses regarding the correct course of action.
d. Convincing family members of compassionate courses of action is best done by
nurses.
ANS: B
Feedback
A Incorrect—Professional values may be shared across multiple professions, and
perspectives on issues may be similar. When views on an issue differ, then
knowledge of ethics assists in clarifying and defending one’s position to others.
B Correct! One reason for nurses studying ethics is that morality and care are at the
heart of nursing practice.
C Incorrect—Ethical theories can provide a framework for the exploration of the
ethical questions and moral issues faced in health care. These theories guide how
morality is understood within the sphere of nursing practice and the
nurse–patient or nurse–client relationship. Ethical theories and frameworks can
assist/guide nurses as they consider multiple options to choose the best or the
least wrong course of action.
D Incorrect—Nurses as members of the health care team are in a strong position to
support families. They respect the values and beliefs of clients and families and
support them in decision making regarding the right course of action.
regulate behavior, ensure order, and resolve disputes.Ethical dilemmas often arise when an individual or organization faces a situation in which different moral principles conflict, or where there is no clear
"right" answer. Legal issues, meanwhile, come into play when actions conflict with established laws or legal norms. The challenge arises in balancing both ethical and legal considerations when making
decisions.### 2. **Ethical Issues in Healthcare**Healthcare is one of the sectors where ethical and legal issues are particularly pronounced. Medical professionals regularly face situations that require them to
make complex decisions that not only have life-altering consequences for patients but also raise profound moral questions. These issues include:#### 2.1 **Patient Autonomy and Informed Consent**One of
the fundamental ethical principles in healthcare is respect for patient autonomy—the right of patients to make decisions about their own bodies and medical treatments. This principle is enshrined in the legal
concept of informed consent. Informed consent requires healthcare providers to disclose all relevant information about the risks, benefits, and alternatives to a medical treatment or procedure, allowing patients
to make informed decisions.However, challenges arise when patients are not fully capable of making informed decisions (e.g., due to age, mental illness, or language barriers). In such cases, ethical dilemmas
can arise regarding whether a third party (e.g., a parent or guardian) should make the decision on the patient’s behalf, and whether the legal framework supports such decisions.#### 2.2 **End-of-Life
Decisions and Euthanasia**End-of-life care, particularly decisions regarding euthanasia, brings about significant ethical and legal debates. While some argue that individuals should have the right to choose a
DIF: Cognitive level: Synthesis
3. Why is it advantageous for nurses to have knowledge of ethical theories and principles?
a. Ethical theories encourage nurses to critique others’ points of view.
b. Nurses are able to justify and defend their positions on a situation.
c. Ethical theories help nurses explain to the rest of the team why nurses have a
greater understanding of the patient’s perspective.
d. This knowledge allows nurses to convince patients to choose comfort measures
only.
ANS: B
euthanasia or assisted suicide, others believe that these practices undermine the sanctity of life. Legal systems across the world differ on the matter, with some countries or states permitting euthanasia, while
others forbid it entirely.#### 2.3 **Confidentiality and Privacy**Medical professionals are ethically and legally bound to maintain patient confidentiality. The principle of confidentiality is critical for building
trust between patients and healthcare providers. However, breaches in confidentiality can occur when healthcare providers are forced to share patient information due to legal requirements, such as in cases of
child abuse or public health emergencies. The balance between maintaining confidentiality and ensuring public safety often creates a complex ethical and legal dilemma.### 3. **Ethical Issues in Business**In
the world of business, ethical and legal issues are common and wide-ranging. Companies are often faced with difficult decisions about how to balance profit motives with moral responsibility. These ethical
issues often extend into areas like corporate governance, consumer protection, employee rights, and environmental responsibility.#### 3.1 **Corporate Social Responsibility (CSR)**Corporate social
responsibility refers to a company’s commitment to managing its operations in ways that benefit society, the environment, and its stakeholders. Companies are increasingly being held accountable for their
, environmental impact, labor practices, and contributions to social causes. The ethical question arises about whether companies are genuinely committed to these causes or merely using CSR as a marketing
strategy to enhance their public image. From a legal perspective, businesses may be required to comply with environmental laws, labor laws, and fair-trade regulations, but these legal frameworks often do not
fully address the broader social responsibility that companies should uphold.#### 3.2 **Employee Rights and Workplace Discrimination**Ethical and legal issues surrounding employee rights include matters
like equal pay, non-discrimination, workplace harassment, and labor rights. Ethical concerns include whether companies are doing enough to ensure fairness and equal treatment for all employees, especially in
light of issues such as racial discrimination, gender inequality, and disability rights. Legally, there are numerous frameworks and protections in place, such as anti-discrimination laws, but the challenge remains
ensuring that these legal provisions are enforced and that businesses go beyond mere compliance to foster inclusive and fair work environments.#### 3.3 **Data Privacy and Security**As businesses
increasingly collect vast amounts of personal data, ethical and legal concerns about data privacy and security have become more prominent. Companies face the ethical dilemma of balancing their need for
consumer data to improve products and services with the responsibility to protect sensitive information. Legally, many jurisdictions have established laws that govern data protection, such as the General Data
Protection Regulation (GDPR) in the European Union. However, with the rapid pace of technological change, laws often lag behind, and businesses must carefully navigate the complex web of legal
requirements related to consumer data.### 4. **Ethical Issues in Technology**The rapid advancement of technology has introduced a host of ethical and legal challenges. From artificial intelligence (AI) to
genetic engineering, new technologies present novel ethical dilemmas, often at the intersection of personal freedoms, safety, privacy, and social responsibility.#### 4.1 **Artificial Intelligence and
Automation**AI and automation are transforming industries, but they also raise important ethical and legal concerns. The ethical issue revolves around the extent to which machines should make decisions that
affect human lives. For instance, autonomous vehicles raise concerns about how decisions will be made in life-or-death situations. Who should be held accountable if an AI system makes an error? Legal
frameworks to regulate AI are still in their infancy, and establishing clear accountability and liability for AI decisions remains a major challenge.#### 4.2 **Privacy and Surveillance**Technology also brings
concerns about privacy and surveillance. With the widespread use of smartphones, social media, and the internet, vast amounts of personal data are continuously being collected and analyzed. Ethical questions
emerge regarding the extent to which companies should be allowed to track and monitor individuals' online behavior. Legally,
Feedback
A Incorrect—Ethics encourages nurses to respect the values of others and assists in
understanding opposing points of view. Ethics offers tools to nurses to
respectfully argue in favour of their positions while respecting the perspectives
of others.
B Correct! When views differ, ethical theories help clarify one’s position and make
arguments in support of it. Nurses ensure that all relevant information is shared
with the team and the client.
C Incorrect—The perspective of all team members is important and is based on the
unique relationships each nurse has with the patient or client.
D Incorrect—This approach is paternalistic. Nurses and the health care team, while
respecting a person’s autonomy, support him or her in making decisions about
what is best in a particular context. This includes ensuring that patients are aware
of all the options available to them.
and health. This analysis is essential for investors, creditors, and managers in making informed decisions about the business.Horizontal and Vertical Analysis: Horizontal analysis compares financial data over time, typically
from year to year, to identify trends and growth patterns. Vertical analysis, on the other hand, expresses each item in a financial statement as a percentage of a base amount (e.g., total sales or total assets) to analyze the
relationship between different financial elements.Ratio Analysis: Financial ratios are used to evaluate a company's performance, profitability, liquidity, and solvency. Key ratios include the current ratio (liquidity), the
return on assets (ROA), and the debt-to-equity ratio (solvency). These ratios help assess whether a company is financially healthy or facing challenges.Internal and External Financial ReportingCompanies need to ensure that
their financial reporting is accurate and transparent. Internal financial reporting provides management with the information needed to make operational decisions, while external reporting is used to communicate with
investors, regulators, and other stakeholders.Internal Financial Reporting: Internal reports include financial forecasts, budget analysis, variance reports, and cost-benefit analyses. These reports are essential for management
to make informed decisions regarding operations and strategy.External Financial Reporting: External reports include financial statements like income statements, balance sheets, and cash flow statements, which are shared
with external stakeholders such as investors, auditors, and government regulators. Companies must adhere to generally accepted accounting principles (GAAP) or IFRS to ensure transparency.Environmental, Social, and
Governance (ESG) ReportingESG reporting is becoming more important as companies and investors focus on sustainability and corporate responsibility. It involves tracking a company’s impact on the environment, society,
and its governance practices.Environmental Impact: This aspect of ESG focuses on a company’s efforts to reduce its carbon footprint, manage waste, and use sustainable resources. Companies may disclose their greenhouse
gas emissions, water usage, and recycling efforts.Social Responsibility: The social component of ESG includes factors like labor practices, community engagement, and customer satisfaction. For example, companies that
provide safe working conditions, pay fair wages, and support local communities often score higher on social responsibility metrics.Governance Practices: Governance focuses on how a company is managed and whether it
adheres to ethical and legal standards. Issues like executive compensation, board diversity, and transparency in decision-making fall under governance practices.________________________________________Nursing
(Continued)Nursing Specialties and Advanced Practice RolesNursing offers a wide variety of specialties that provide opportunities for nurses to develop expertise in specific areas of patient care. Specializing in a particular
field allows nurses to have a greater impact on patient outcomes and pursue rewarding career paths.Critical Care Nursing: Critical care nurses work in intensive care units (ICUs) or emergency departments, providing care
to patients with life-threatening conditions. They are highly skilled in using
DIF: Cognitive level: Comprehension
4. Why must nurses be familiar with the legal system?
a. Some nursing actions are governed by the law.
b. Nurses’ decisions may not be supported by the law.
c. Nurses are sometimes at risk for litigation.
d. All are correct.
ANS: D
Feedback
A Incorrect—Reserved or controlled acts and the administration of narcotics are
two examples of nursing actions governed by the law. A nurse may think an
action is ―ethical,‖ but it may not be legal. Nurses’ decisions sometimes have
untoward consequences, and errors or omissions may lead to negligence claims.
, B Incorrect—Reserved or controlled acts and the administration of narcotics are
two examples of nursing actions governed by the law. A nurse may think an
action is ―ethical,‖ but it may not be legal. Nurses’ decisions sometimes have
untoward consequences, and errors or omissions may lead to negligence claims.
C Incorrect—Reserved or controlled acts and the administration of narcotics are
two examples of nursing actions governed by the law. A nurse may think an
action is ―ethical,‖ but it may not be legal. Nurses’ decisions sometimes have
untoward consequences, and errors or omissions may lead to negligence claims.
D Correct! Reserved or controlled acts and the administration of narcotics are two
examples of nursing actions governed by the law. A nurse may think an action is
―ethical,‖ but it may not be legal. Nurses’ decisions sometimes have untoward
consequences, and errors or omissions may lead to negligence claims.
euthanasia or assisted suicide, others believe that these practices undermine the sanctity of life. Legal systems across the world differ on the matter, with some countries or states permitting euthanasia, while
ensuring that these legal provisions are enforced and that businesses go beyond mere compliance to foster inclusive and fair work environments.#### 3.3 **Data Privacy and Security**As businesses
increasingly collect vast amounts of personal data, ethical and legal concerns about data privacy and security have become more prominent. Companies face the ethical dilemma of balancing their need for
consumer data to improve products and services with the responsibility to protect sensitive information. Legally, many jurisdictions have established laws that govern data protection, such as the General Data
Protection Regulation (GDPR) in the European Union. However, with the rapid pace of technological change, laws often lag behind, and businesses must carefully navigate the complex web of legal
requirements related to consumer data.### 4. **Ethical Issues in Technology**The rapid advancement of technology has introduced a host of ethical and legal challenges. From artificial intelligence (AI) to
genetic engineering, new technologies present novel ethical dilemmas, often at the intersection of personal freedoms, safety, privacy, and social responsibility.#### 4.1 **Artificial Intelligence and
Automation**AI and automation are transforming industries, but they also raise important ethical and legal concerns. The ethical issue revolves around the extent to which machines should make decisions that
affect human lives. For instance, autonomous vehicles raise concerns about how decisions will be made in life-or-death situations. Who should be held accountable if an AI system makes an error? Legal
frameworks to regulate AI are still in their infancy, and establishing clear accountability and liability for AI decisions remains a major challenge.#### 4.2 **Privacy and Surveillance**Technology also brings
concerns about privacy and surveillance. With the widespread use of smartphones, social media, and the internet, vast amounts of personal data are continuously being collected and analyzed. Ethical questions
emerge regarding the extent to which companies should be allowed to track and monitor individuals' online behavior. Legally, various countries have implemented laws that seek to protect privacy, but as
technology continues to advance, there are increasing concerns about data misuse and the potential for surveillance by both corporations and governments.#### 4.3 **Intellectual Property and Patents**The
creation and distribution of new technologies also raise intellectual property issues. Companies and individuals seek legal protection for their inventions through patents, copyrights, and trademarks, but this
raises ethical questions about the extent to which certain technologies should be patentable. For example, patenting genetic material or essential medications can restrict access to life-saving treatments,
prompting debates about whether intellectual property law should be reformed to better balance innovation and public welfare.### 5. **Ethical and Legal Issues in Law**Legal professionals are also often
confronted with ethical dilemmas, particularly when defending clients or navigating the complexities of the legal system. Ethical considerations in law often revolve around the balance between justice and legal
technicalities.#### 5.1 **The Role of Lawyers and Client Advocacy**Lawyers have an ethical obligation to provide zealous representation for their clients. However, this duty can create ethical conflicts,
particularly when defending clients accused of heinous crimes. For example, a lawyer may represent a client they know to be guilty, which may raise moral questions about whether they are upholding justice or
simply adhering to legal principles.#### 5.2 **Access to Justice**Another ethical issue within the legal system is the question of access to justice. In many jurisdictions, legal representation is prohibitively
expensive for large segments of the population. This raises concerns about fairness and whether individuals from lower socioeconomic backgrounds are disadvantaged by the high cost of legal services. Legal
aid programs and pro bono work attempt to address these disparities, but challenges remain in ensuring equal access to justice for all.### 6. **Conclusion**Ethical and legal issues are deeply intertwined and
DIF: Cognitive level: Analysis
5. What existing legislation has been influenced by the shifting of Canadian values over
time?
a. The abolition of capital punishment
b. Privacy
c. Medical Assistance in Dying
d. All are correct
ANS: D
Feedback
A Incorrect—One reason for the abolition of capital punishment is based on the
belief in the sanctity of life and the concern that an innocent person may be
executed.
B Incorrect—Respect for autonomy and privacy led to legislation in provinces
across Canada.
C Incorrect—Shifting views regarding euthanasia for the terminally ill led the
Supreme Court to create a law regarding assistance in dying. This resulted in the
legislation ―Medical Assistance in Dying,‖ which was introduced in 2016.
D Correct! All of these are examples of how shifting Canadian values have
influenced legislation.
an euthanasia or assisted suicide, others believe that these practices undermine the sanctity of life. Legal systems across the world differ on the matter, with some countries or states permitting euthanasia, while others forbid
it entirely.#### 2.3 **Confidentiality and Privacy**Medical professionals are ethically and legally bound to maintain patient confidentiality. The principle of confidentiality is critical for building trust between patients and
healthcare providers. However, breaches in confidentiality can occur when healthcare providers are forced to share patient information due to legal requirements, such as in cases of child abuse or public health emergencies.
The balance between maintaining confidentiality and ensuring public safety often creates a complex ethical and legal dilemma.### 3. **Ethical Issues in Business**In the world of business, ethical and legal issues are
common and wide-ranging. Companies are often faced with difficult decisions about how to balance profit motives with moral responsibility. These ethical issues often extend into areas like corporate governance, consumer
protection, employee rights, and environmental responsibility.#### 3.1 **Corporate Social Responsibility (CSR)**Corporate social responsibility refers to a company’s commitment to managing its operations in ways that
benefit society, the environment, and its stakeholders. Companies are increasingly being held accountable for their environmental impact, labor practices, and contributions to social causes. The ethical question arises about
whether companies are genuinely committed to these causes or merely using CSR as a marketing strategy to enhance their public image. From a legal perspective, businesses may be required to comply with environmental
laws, labor laws, and fair-trade regulations, but these legal frameworks often do not fully address the broader social responsibility that companies should uphold.#### 3.2 **Employee Rights and Workplace
Discrimination**Ethical and legal issues surrounding employee rights include matters like equal pay, non-discrimination, workplace harassment, and labor rights. Ethical concerns include whether companies are doing
enough to ensure fairness and equal treatment for all employees, especially in light of issues such as racial discrimination, gender inequality, and disability rights. Legally, there are numerous frameworks and protections in
the core ethical dilemmas, legal considerations, and their implications in various sectors.---## Ethical and Legal Issues: An In-Depth ExplorationEthical and legal issues are crucial concerns that impact various aspects of
human life. These issues arise in a variety of fields, including medicine, law, business, technology, and politics, and they often intersect. While ethical concerns relate to what is morally right or wrong, legal concerns focus on
what is permissible according to the laws of a society. As such, understanding these two domains is essential for navigating complex societal interactions, particularly in professional, corporate, and governmental settings.###
1. **Introduction to Ethical and Legal Issues**Ethics and law both serve as foundational principles that guide behavior and decision-making. Ethics refers to a system of moral principles or values that govern the conduct of
individuals and groups. These principles often help people determine what is "right" or "wrong" in different situations. Law, on the other hand, is a system of rules that are created and enforced by institutions to regulate
behavior, ensure order, and resolve disputes.Ethical dilemmas often arise when an individual or organization faces a situation in which different moral principles conflict, or where there is no clear "right" answer. Legal
issues, meanwhile, come into play when actions conflict with established laws or legal norms. The challenge arises in balancing both ethical and legal considerations when making decisions.### 2. **Ethical Issues in
Healthcare**Healthcare is one of the sectors where ethical and legal issues are particularly pronounced. Medical professionals regularly face situations that require them to make complex decisions that not only have life-
altering consequences for patients but also raise profound moral questions. These issues include:#### 2.1 **Patient Autonomy and Informed Consent**One of the fundamental ethical principles in healthcare is respect for
patient autonomy—the right of patients to make decisions about their own bodies and medical treatments. This principle is enshrined in the legal concept of informed consent. Informed consent requires healthcare providers
to disclose all relevant information about the risks, benefits, and alternatives to a medical treatment or procedure, allowing patients to make informed decisions.However, challenges arise when patients are not fully capable
of making informed decisions (e.g., due to age, mental illness, or language barriers). In such cases, ethical dilemmas can arise regarding whether a third party (e.g., a parent or guardian) should make the decision on the
patient’s behalf, and whether the legal framework supports such decisions.#### 2.2 **End-of-Life Decisions and Euthanasia**End-of-life care, particularly decisions regarding euthanasia, brings about significant ethical and
legal debates. While some argue that individuals should have the right to choose a dignified death through euthanasia or assisted suicide, others believe that these practices undermine the sanctity of life. Legal systems across
the world differ on the matter, with some countries or states permitting euthanasia, while others forbid it entirely.#### 2.3 **Confidentiality and Privacy**Medical professionals are ethically and legally bound to maintain
patient confidentiality. The principle of confidentiality is critical for building trust between patients and healthcare providers. However, breaches in confidentiality can occur when healthcare providers are forced to share
patient information due to legal requirements, such as in cases of child abuse or public health emergencies. The balance between maintaining confidentiality and ensuring public safety often creates a complex ethical and
legal dilemma.### 3. **Ethical Issues in Business**In the world of business, ethical and legal issues are common and wide-ranging. Companies are often faced with difficult decisions about how to balance profit motives with
moral responsibility. These ethical issues often extend into areas like corporate governance, consumer protection, employee rights, and environmental responsibility.#### 3.1 **Corporate Social Responsibility
(CSR)**Corporate social responsibility refers to a company’s commitment to managing its operations in ways that benefit society, the environment, and its stakeholders. Companies are increasingly being held accountable
for their environmental impact, labor practices, and contributions to social causes. The ethical question arises about whether companies are genuinely committed to these causes or merely using CSR as a marketing strategy
to enhance their public image. From a legal perspective, businesses may be required to comply with environmental laws, labor laws, and fair-trade regulations, but these legal frameworks often do not fully address the
broader social responsibility that companies should uphold.#### 3.2 **Employee Rights and Workplace Discrimination**Ethical and legal issues surrounding employee rights include matters like equal pay, non-
discrimination, workplace harassment, and labor rights. Ethical concerns include whether companies are doing enough to ensure fairness and equal treatment for all employees, especially in light of issues such as racial
discrimination, gender inequality, and disability rights. Legally, there are numerous frameworks and protections in place, such as anti-discrimination laws, but the challenge remains ensuring that these legal provisions are
enforced and that businesses go beyond mere compliance to foster inclusive and fair work environments.#### 3.3 **Data Privacy and Security**As businesses increasingly collect vast amounts of personal data, ethical and
legal concerns about data privacy and security have become more prominent. Companies face the ethical dilemma of balancing their need for consumer data to improve products and services with the responsibility to
protect sensitive information. Legally, many jurisdictions have to patients with life-threatening conditions. They are highly skilled in using
TEST BANK FOR
Ethical & Legal Issues in Canadian Nursing, 5th Edition 2024 Margaret Keatings &
Pamela Adams
Chapter 1-12
Chapter 01: An Introduction to the Ethics and the Law: A Perspective for Nurses
MULTIPLE CHOICE
1. Which of the following mandates that nurses have a basic understanding of the Canadian
legal system?
a. Provincial and federal nursing bodies
b. The Supreme Court of Canada
c. Provincial nursing labor unions
d. The Drug and Pharmacies Regulation Act, 1990
ANS: A
Feedback
A Correct! Provincial and territorial regulatory bodies, have certain requirements
related to nurses’ knowledge/skill, which includes knowledge of the legal
system.
B Incorrect—The Supreme Court, which is the final court of appeal in Canada, is
not involved in the regulation of health care professionals.
C Incorrect—Labour unions do not focus on nursing standards and knowledge;
rather, they represent the collective bargaining rights of nurses.
D Incorrect—This Act is relevant to nursing in that it regulates the prescribing,
dispensing, and handling of drugs. It does not mandate the knowledge nurses
require about the legal system.
regulate behavior, ensure order, and resolve disputes.Ethical dilemmas often arise when an individual or organization faces a situation in which different moral principles conflict, or where there is no clear
"right" answer. Legal issues, meanwhile, come into play when actions conflict with established laws or legal norms. The challenge arises in balancing both ethical and legal considerations when making
decisions.### 2. **Ethical Issues in Healthcare**Healthcare is one of the sectors where ethical and legal issues are particularly pronounced. Medical professionals regularly face situat ions that require them to
make complex decisions that not only have life-altering consequences for patients but also raise profound moral questions. These issues include:#### 2.1 **Patient Autonomy and Informed Consent**One of
the fundamental ethical principles in healthcare is respect for patient autonomy—the right of patients to make decisions about their own bodies and medical treatments. This principle is enshrined in the legal
concept of informed consent. Informed consent requires healthcare providers to disclose all relevant information about the risks, benefits, and alternatives to a medical treatment or procedure, allowing patients
,to make informed decisions.However, challenges arise when patients are not fully capable of making informed decisions (e.g., due to age, mental illness, or language barriers). In such cases, ethical dilemmas
can arise regarding whether a third party (e.g., a parent or guardian) should make the decision on the patient’s behalf, and whether the legal framework supports such decisions.#### 2.2 **End-of-Life
Decisions and Euthanasia**End-of-life care, particularly decisions regarding euthanasia, brings about significant ethical and legal debates. While some argue that individuals should have the right to choose a
dignified death through euthanasia or assisted suicide, others believe that these practices undermine the sanctity of life. Legal systems across the world differ on the matter, with some countries or states
permitting euthanasia, while others forbid it entirely.#### 2.3 **Confidentiality and Privacy**Medical professionals are ethically and legally bound to maintain patient confidentiality. The principle of
confidentiality is critical for building trust between patients and healthcare providers. However, breaches in confidentialit y can occur when healthcare providers are forced to share patient information due to
legal requirements, such as in cases of child abuse or public health emergencies. The balance between maintaining confidentiality and ensuring public safety often creates a complex ethical and legal
dilemma.### 3. **Ethical Issues in Business**In the world of business, ethical and legal issues are common and wide-ranging. Companies are often faced with difficult decisions about how to balance profit
motives with moral responsibility. These ethical issues often extend into areas like corporate governance, consumer protection, employee rights, and
DIF: Cognitive level: Comprehension
2. Identify one of the reasons why nurses need to have an understanding of ethics.
a. Nurses do not share the same perspectives regarding health care with other health
care professionals.
b. Morality and care are at the heart of nursing practice.
c. Ethics provides a clear answer to nurses regarding the correct course of action.
d. Convincing family members of compassionate courses of action is best done by
nurses.
ANS: B
Feedback
A Incorrect—Professional values may be shared across multiple professions, and
perspectives on issues may be similar. When views on an issue differ, then
knowledge of ethics assists in clarifying and defending one’s position to others.
B Correct! One reason for nurses studying ethics is that morality and care are at the
heart of nursing practice.
C Incorrect—Ethical theories can provide a framework for the exploration of the
ethical questions and moral issues faced in health care. These theories guide how
morality is understood within the sphere of nursing practice and the
nurse–patient or nurse–client relationship. Ethical theories and frameworks can
assist/guide nurses as they consider multiple options to choose the best or the
least wrong course of action.
D Incorrect—Nurses as members of the health care team are in a strong position to
support families. They respect the values and beliefs of clients and families and
support them in decision making regarding the right course of action.
regulate behavior, ensure order, and resolve disputes.Ethical dilemmas often arise when an individual or organization faces a situation in which different moral principles conflict, or where there is no clear
"right" answer. Legal issues, meanwhile, come into play when actions conflict with established laws or legal norms. The challenge arises in balancing both ethical and legal considerations when making
decisions.### 2. **Ethical Issues in Healthcare**Healthcare is one of the sectors where ethical and legal issues are particularly pronounced. Medical professionals regularly face situations that require them to
make complex decisions that not only have life-altering consequences for patients but also raise profound moral questions. These issues include:#### 2.1 **Patient Autonomy and Informed Consent**One of
the fundamental ethical principles in healthcare is respect for patient autonomy—the right of patients to make decisions about their own bodies and medical treatments. This principle is enshrined in the legal
concept of informed consent. Informed consent requires healthcare providers to disclose all relevant information about the risks, benefits, and alternatives to a medical treatment or procedure, allowing patients
to make informed decisions.However, challenges arise when patients are not fully capable of making informed decisions (e.g., due to age, mental illness, or language barriers). In such cases, ethical dilemmas
can arise regarding whether a third party (e.g., a parent or guardian) should make the decision on the patient’s behalf, and whether the legal framework supports such decisions.#### 2.2 **End-of-Life
Decisions and Euthanasia**End-of-life care, particularly decisions regarding euthanasia, brings about significant ethical and legal debates. While some argue that individuals should have the right to choose a
DIF: Cognitive level: Synthesis
3. Why is it advantageous for nurses to have knowledge of ethical theories and principles?
a. Ethical theories encourage nurses to critique others’ points of view.
b. Nurses are able to justify and defend their positions on a situation.
c. Ethical theories help nurses explain to the rest of the team why nurses have a
greater understanding of the patient’s perspective.
d. This knowledge allows nurses to convince patients to choose comfort measures
only.
ANS: B
euthanasia or assisted suicide, others believe that these practices undermine the sanctity of life. Legal systems across the world differ on the matter, with some countries or states permitting euthanasia, while
others forbid it entirely.#### 2.3 **Confidentiality and Privacy**Medical professionals are ethically and legally bound to maintain patient confidentiality. The principle of confidentiality is critical for building
trust between patients and healthcare providers. However, breaches in confidentiality can occur when healthcare providers are forced to share patient information due to legal requirements, such as in cases of
child abuse or public health emergencies. The balance between maintaining confidentiality and ensuring public safety often creates a complex ethical and legal dilemma.### 3. **Ethical Issues in Business**In
the world of business, ethical and legal issues are common and wide-ranging. Companies are often faced with difficult decisions about how to balance profit motives with moral responsibility. These ethical
issues often extend into areas like corporate governance, consumer protection, employee rights, and environmental responsibility.#### 3.1 **Corporate Social Responsibility (CSR)**Corporate social
responsibility refers to a company’s commitment to managing its operations in ways that benefit society, the environment, and its stakeholders. Companies are increasingly being held accountable for their
, environmental impact, labor practices, and contributions to social causes. The ethical question arises about whether companies are genuinely committed to these causes or merely using CSR as a marketing
strategy to enhance their public image. From a legal perspective, businesses may be required to comply with environmental laws, labor laws, and fair-trade regulations, but these legal frameworks often do not
fully address the broader social responsibility that companies should uphold.#### 3.2 **Employee Rights and Workplace Discrimination**Ethical and legal issues surrounding employee rights include matters
like equal pay, non-discrimination, workplace harassment, and labor rights. Ethical concerns include whether companies are doing enough to ensure fairness and equal treatment for all employees, especially in
light of issues such as racial discrimination, gender inequality, and disability rights. Legally, there are numerous frameworks and protections in place, such as anti-discrimination laws, but the challenge remains
ensuring that these legal provisions are enforced and that businesses go beyond mere compliance to foster inclusive and fair work environments.#### 3.3 **Data Privacy and Security**As businesses
increasingly collect vast amounts of personal data, ethical and legal concerns about data privacy and security have become more prominent. Companies face the ethical dilemma of balancing their need for
consumer data to improve products and services with the responsibility to protect sensitive information. Legally, many jurisdictions have established laws that govern data protection, such as the General Data
Protection Regulation (GDPR) in the European Union. However, with the rapid pace of technological change, laws often lag behind, and businesses must carefully navigate the complex web of legal
requirements related to consumer data.### 4. **Ethical Issues in Technology**The rapid advancement of technology has introduced a host of ethical and legal challenges. From artificial intelligence (AI) to
genetic engineering, new technologies present novel ethical dilemmas, often at the intersection of personal freedoms, safety, privacy, and social responsibility.#### 4.1 **Artificial Intelligence and
Automation**AI and automation are transforming industries, but they also raise important ethical and legal concerns. The ethical issue revolves around the extent to which machines should make decisions that
affect human lives. For instance, autonomous vehicles raise concerns about how decisions will be made in life-or-death situations. Who should be held accountable if an AI system makes an error? Legal
frameworks to regulate AI are still in their infancy, and establishing clear accountability and liability for AI decisions remains a major challenge.#### 4.2 **Privacy and Surveillance**Technology also brings
concerns about privacy and surveillance. With the widespread use of smartphones, social media, and the internet, vast amounts of personal data are continuously being collected and analyzed. Ethical questions
emerge regarding the extent to which companies should be allowed to track and monitor individuals' online behavior. Legally,
Feedback
A Incorrect—Ethics encourages nurses to respect the values of others and assists in
understanding opposing points of view. Ethics offers tools to nurses to
respectfully argue in favour of their positions while respecting the perspectives
of others.
B Correct! When views differ, ethical theories help clarify one’s position and make
arguments in support of it. Nurses ensure that all relevant information is shared
with the team and the client.
C Incorrect—The perspective of all team members is important and is based on the
unique relationships each nurse has with the patient or client.
D Incorrect—This approach is paternalistic. Nurses and the health care team, while
respecting a person’s autonomy, support him or her in making decisions about
what is best in a particular context. This includes ensuring that patients are aware
of all the options available to them.
and health. This analysis is essential for investors, creditors, and managers in making informed decisions about the business.Horizontal and Vertical Analysis: Horizontal analysis compares financial data over time, typically
from year to year, to identify trends and growth patterns. Vertical analysis, on the other hand, expresses each item in a financial statement as a percentage of a base amount (e.g., total sales or total assets) to analyze the
relationship between different financial elements.Ratio Analysis: Financial ratios are used to evaluate a company's performance, profitability, liquidity, and solvency. Key ratios include the current ratio (liquidity), the
return on assets (ROA), and the debt-to-equity ratio (solvency). These ratios help assess whether a company is financially healthy or facing challenges.Internal and External Financial ReportingCompanies need to ensure that
their financial reporting is accurate and transparent. Internal financial reporting provides management with the information needed to make operational decisions, while external reporting is used to communicate with
investors, regulators, and other stakeholders.Internal Financial Reporting: Internal reports include financial forecasts, budget analysis, variance reports, and cost-benefit analyses. These reports are essential for management
to make informed decisions regarding operations and strategy.External Financial Reporting: External reports include financial statements like income statements, balance sheets, and cash flow statements, which are shared
with external stakeholders such as investors, auditors, and government regulators. Companies must adhere to generally accepted accounting principles (GAAP) or IFRS to ensure transparency.Environmental, Social, and
Governance (ESG) ReportingESG reporting is becoming more important as companies and investors focus on sustainability and corporate responsibility. It involves tracking a company’s impact on the environment, society,
and its governance practices.Environmental Impact: This aspect of ESG focuses on a company’s efforts to reduce its carbon footprint, manage waste, and use sustainable resources. Companies may disclose their greenhouse
gas emissions, water usage, and recycling efforts.Social Responsibility: The social component of ESG includes factors like labor practices, community engagement, and customer satisfaction. For example, companies that
provide safe working conditions, pay fair wages, and support local communities often score higher on social responsibility metrics.Governance Practices: Governance focuses on how a company is managed and whether it
adheres to ethical and legal standards. Issues like executive compensation, board diversity, and transparency in decision-making fall under governance practices.________________________________________Nursing
(Continued)Nursing Specialties and Advanced Practice RolesNursing offers a wide variety of specialties that provide opportunities for nurses to develop expertise in specific areas of patient care. Specializing in a particular
field allows nurses to have a greater impact on patient outcomes and pursue rewarding career paths.Critical Care Nursing: Critical care nurses work in intensive care units (ICUs) or emergency departments, providing care
to patients with life-threatening conditions. They are highly skilled in using
DIF: Cognitive level: Comprehension
4. Why must nurses be familiar with the legal system?
a. Some nursing actions are governed by the law.
b. Nurses’ decisions may not be supported by the law.
c. Nurses are sometimes at risk for litigation.
d. All are correct.
ANS: D
Feedback
A Incorrect—Reserved or controlled acts and the administration of narcotics are
two examples of nursing actions governed by the law. A nurse may think an
action is ―ethical,‖ but it may not be legal. Nurses’ decisions sometimes have
untoward consequences, and errors or omissions may lead to negligence claims.
, B Incorrect—Reserved or controlled acts and the administration of narcotics are
two examples of nursing actions governed by the law. A nurse may think an
action is ―ethical,‖ but it may not be legal. Nurses’ decisions sometimes have
untoward consequences, and errors or omissions may lead to negligence claims.
C Incorrect—Reserved or controlled acts and the administration of narcotics are
two examples of nursing actions governed by the law. A nurse may think an
action is ―ethical,‖ but it may not be legal. Nurses’ decisions sometimes have
untoward consequences, and errors or omissions may lead to negligence claims.
D Correct! Reserved or controlled acts and the administration of narcotics are two
examples of nursing actions governed by the law. A nurse may think an action is
―ethical,‖ but it may not be legal. Nurses’ decisions sometimes have untoward
consequences, and errors or omissions may lead to negligence claims.
euthanasia or assisted suicide, others believe that these practices undermine the sanctity of life. Legal systems across the world differ on the matter, with some countries or states permitting euthanasia, while
ensuring that these legal provisions are enforced and that businesses go beyond mere compliance to foster inclusive and fair work environments.#### 3.3 **Data Privacy and Security**As businesses
increasingly collect vast amounts of personal data, ethical and legal concerns about data privacy and security have become more prominent. Companies face the ethical dilemma of balancing their need for
consumer data to improve products and services with the responsibility to protect sensitive information. Legally, many jurisdictions have established laws that govern data protection, such as the General Data
Protection Regulation (GDPR) in the European Union. However, with the rapid pace of technological change, laws often lag behind, and businesses must carefully navigate the complex web of legal
requirements related to consumer data.### 4. **Ethical Issues in Technology**The rapid advancement of technology has introduced a host of ethical and legal challenges. From artificial intelligence (AI) to
genetic engineering, new technologies present novel ethical dilemmas, often at the intersection of personal freedoms, safety, privacy, and social responsibility.#### 4.1 **Artificial Intelligence and
Automation**AI and automation are transforming industries, but they also raise important ethical and legal concerns. The ethical issue revolves around the extent to which machines should make decisions that
affect human lives. For instance, autonomous vehicles raise concerns about how decisions will be made in life-or-death situations. Who should be held accountable if an AI system makes an error? Legal
frameworks to regulate AI are still in their infancy, and establishing clear accountability and liability for AI decisions remains a major challenge.#### 4.2 **Privacy and Surveillance**Technology also brings
concerns about privacy and surveillance. With the widespread use of smartphones, social media, and the internet, vast amounts of personal data are continuously being collected and analyzed. Ethical questions
emerge regarding the extent to which companies should be allowed to track and monitor individuals' online behavior. Legally, various countries have implemented laws that seek to protect privacy, but as
technology continues to advance, there are increasing concerns about data misuse and the potential for surveillance by both corporations and governments.#### 4.3 **Intellectual Property and Patents**The
creation and distribution of new technologies also raise intellectual property issues. Companies and individuals seek legal protection for their inventions through patents, copyrights, and trademarks, but this
raises ethical questions about the extent to which certain technologies should be patentable. For example, patenting genetic material or essential medications can restrict access to life-saving treatments,
prompting debates about whether intellectual property law should be reformed to better balance innovation and public welfare.### 5. **Ethical and Legal Issues in Law**Legal professionals are also often
confronted with ethical dilemmas, particularly when defending clients or navigating the complexities of the legal system. Ethical considerations in law often revolve around the balance between justice and legal
technicalities.#### 5.1 **The Role of Lawyers and Client Advocacy**Lawyers have an ethical obligation to provide zealous representation for their clients. However, this duty can create ethical conflicts,
particularly when defending clients accused of heinous crimes. For example, a lawyer may represent a client they know to be guilty, which may raise moral questions about whether they are upholding justice or
simply adhering to legal principles.#### 5.2 **Access to Justice**Another ethical issue within the legal system is the question of access to justice. In many jurisdictions, legal representation is prohibitively
expensive for large segments of the population. This raises concerns about fairness and whether individuals from lower socioeconomic backgrounds are disadvantaged by the high cost of legal services. Legal
aid programs and pro bono work attempt to address these disparities, but challenges remain in ensuring equal access to justice for all.### 6. **Conclusion**Ethical and legal issues are deeply intertwined and
DIF: Cognitive level: Analysis
5. What existing legislation has been influenced by the shifting of Canadian values over
time?
a. The abolition of capital punishment
b. Privacy
c. Medical Assistance in Dying
d. All are correct
ANS: D
Feedback
A Incorrect—One reason for the abolition of capital punishment is based on the
belief in the sanctity of life and the concern that an innocent person may be
executed.
B Incorrect—Respect for autonomy and privacy led to legislation in provinces
across Canada.
C Incorrect—Shifting views regarding euthanasia for the terminally ill led the
Supreme Court to create a law regarding assistance in dying. This resulted in the
legislation ―Medical Assistance in Dying,‖ which was introduced in 2016.
D Correct! All of these are examples of how shifting Canadian values have
influenced legislation.
an euthanasia or assisted suicide, others believe that these practices undermine the sanctity of life. Legal systems across the world differ on the matter, with some countries or states permitting euthanasia, while others forbid
it entirely.#### 2.3 **Confidentiality and Privacy**Medical professionals are ethically and legally bound to maintain patient confidentiality. The principle of confidentiality is critical for building trust between patients and
healthcare providers. However, breaches in confidentiality can occur when healthcare providers are forced to share patient information due to legal requirements, such as in cases of child abuse or public health emergencies.
The balance between maintaining confidentiality and ensuring public safety often creates a complex ethical and legal dilemma.### 3. **Ethical Issues in Business**In the world of business, ethical and legal issues are
common and wide-ranging. Companies are often faced with difficult decisions about how to balance profit motives with moral responsibility. These ethical issues often extend into areas like corporate governance, consumer
protection, employee rights, and environmental responsibility.#### 3.1 **Corporate Social Responsibility (CSR)**Corporate social responsibility refers to a company’s commitment to managing its operations in ways that
benefit society, the environment, and its stakeholders. Companies are increasingly being held accountable for their environmental impact, labor practices, and contributions to social causes. The ethical question arises about
whether companies are genuinely committed to these causes or merely using CSR as a marketing strategy to enhance their public image. From a legal perspective, businesses may be required to comply with environmental
laws, labor laws, and fair-trade regulations, but these legal frameworks often do not fully address the broader social responsibility that companies should uphold.#### 3.2 **Employee Rights and Workplace
Discrimination**Ethical and legal issues surrounding employee rights include matters like equal pay, non-discrimination, workplace harassment, and labor rights. Ethical concerns include whether companies are doing
enough to ensure fairness and equal treatment for all employees, especially in light of issues such as racial discrimination, gender inequality, and disability rights. Legally, there are numerous frameworks and protections in
