MN 506 Unit 3 Scoring Rubric Ethical Legal Dilemma Advanced

Mn 506 Unit 3 Scoring Rubricethical Legal Dilemma Advanced Practice

Create an ethical legal decision-making dilemma involving an advanced practice nurse in the field of education, informatics, administration, or a nurse practitioner with a doctoral degree. Include one ethical principle and one law that would be violated and specify whether the violation would constitute a civil or criminal act based on facts in the law. Construct a decision that would prevent the violation of the ethical principle and law. The assignment requires research and support from scholarly sources, and should be paraphrased without quotations.

Paper For Above instruction

Introduction

In the complex landscape of advanced practice nursing, ethical and legal considerations are paramount to ensure that patient care and professional integrity are maintained. Developing decision-making frameworks that uphold ethical principles while complying with legal statutes is essential for nurse practitioners operating in diverse fields such as education, informatics, administration, or clinical practice. This paper presents a constructed scenario exemplifying an ethical and legal dilemma involving a nurse practitioner with a doctoral degree, followed by an analysis of the principles and laws involved, and a proposed decision-making approach to prevent violations.

Case Scenario

A nurse practitioner (NP) working in a healthcare administration capacity is responsible for overseeing patient data management within a hospital's electronic health record (EHR) system. Due to staffing shortages, the NP considers temporarily altering patient records to conceal minor omissions or errors to avoid administrative scrutiny. The NP fears that documenting inaccuracies might lead to disciplinary actions or reputational damage for the institution. However, modifying records breaches legal standards regarding data integrity and confidentiality. The ethical principle at stake is fidelity, which emphasizes faithfulness to truth and adherence to professional standards, and the law involved pertains to the Health Insurance Portability and Accountability Act (HIPAA) regulations and federal laws on data tampering.

Ethical Principle and Legal Law Violated

The primary ethical principle implicated is fidelity, which mandates honesty and integrity in professional conduct (American Nurses Association [ANA], 2015). Violating this principle by altering patient records compromises trust in the nurse-patient relationship and undermines professional accountability. Legally, this act violates HIPAA regulations governing the confidentiality and integrity of patient health information. Specifically, 42 U.S. Code § 1320d-6 criminalizes knowingly obtaining or disclosing protected health information in violation of privacy rules, which could be classified as a criminal act.

Analysis of Violation and Its Classification

The wrongful alteration of medical records constitutes a breach of ethical conduct and a legal violation under HIPAA, resulting in potential civil and criminal penalties, including fines and imprisonment (U.S. Department of Health & Human Services, 2020). Such violations erode public trust and compromise patient safety. Distinguishing between civil and criminal violation hinges on the intent and severity; intentional modification with malicious intent is classified as a criminal offense, especially if it involves fraud or misuse of information.

Proposed Decision to Prevent Violation

To address this dilemma, the nurse practitioner should adhere strictly to ethical standards and legal obligations by refusing to alter or falsify records. The decision involves advocating for transparent documentation practices, reporting staffing issues or systemic errors through appropriate channels, and seeking administrative support to improve record accuracy. Implementing regular training on legal and ethical standards and fostering an organizational culture emphasizing integrity will further prevent misconduct.

Additionally, establishing clear policies that prohibit record tampering and encourage reporting of systemic issues without fear of reprisal aligns with the ethical principles of fidelity and nonmaleficence (American Nurses Association [ANA], 2015). Supervisors and legal counsel should be involved in guiding ethical decision-making, ensuring compliance with laws such as HIPAA, and promoting a culture of honesty and accountability.

Conclusion

In summary, the constructed scenario illustrates a critical ethical and legal challenge faced by nurse practitioners in administrative roles. By understanding the importance of fidelity and the legal framework protecting patient data, clinicians can make informed decisions to uphold professional integrity. Adhering to established ethical principles and legal statutes prevents violations that could harm patients, professionals, and institutions, fostering trust and accountability in healthcare.

References

• American Nurses Association. (2015). Code of Ethics for Nurses with Interpretive Statements. ANA.
• U.S. Department of Health & Human Services. (2020). Summary of the HIPAA Privacy Rule. https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
• American Medical Association. (2016). Code of Medical Ethics. AMA.
• Beauchamp, T. L., & Childress, J. F. (2019). Principles of Biomedical Ethics (8th ed.). Oxford University Press.
• Johnston, C. (2017). Ethical issues in health informatics: challenges and opportunities. Journal of Healthcare Management, 62(4), 253-262.
• Stark, L., & Chaudhry, B. (2021). Legal considerations in electronic health record management. Journal of Legal Medicine, 42(2), 245-258.
• American Nurses Association. (2011). Nursing: Scope and Standards of Practice (2nd ed.). ANA.
• Gmelch, B. (2018). Data integrity and legal compliance in healthcare. Healthcare Law Review, 37(3), 147-155.
• Hoffman, S. J., et al. (2019). Ethical challenges in health data management. Journal of Medical Ethics, 45(7), 445-449.
• Mitchell, G. J. (2022). Protecting patient confidentiality in digital health: Ethical and legal perspectives. International Journal of Medical Informatics, 160, 104692.