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ETHICAL & LEGAL ASPECTS IN
MIDWIFERY & OSTETRICAL
NURSING
PRESENTED BY
ABHILASHA VERMA
LECTURER
JHALAWAR NURSING COLLEGE
INTRODUCTION
• Ethics are moral principles which affects moral
decision making. Ethics involves determining what is
good, right and fair.
• Legal issues are decided by law. Law may be defined
as: “A rule of conduct or action which are put in
place to ensure public safety and control undesirable
behaviour”.
ETHICAL DILEMMAS
• Ethical dilemma refers to when there is
difficulty in deciding which action takes
priority over the other.
• It can also be described as a situation in which
the patient's rights and the professional's
obligations conflict.
Perinatal Ethical Dilemmas-
1) Withdrawal of life support
2) In vitro fertilization and decisions for disposal of remaining
fertilized ova.
3) Treatment of genetic disorders or fetal abnormalities found on
prenatal screening
4) Preconception gender selection
5) Substance abuse in pregnancy
6) Extremely premature or severely disabled infants
7) Drug testing in pregnancy
8) Surrogacy
9) Using organs from an anencephalic infant
10) Genetic engineering
11) Borderline viability: to resuscitate or not
ETHICAL PRINCIPLES
1. Autonomy: The right to self determination
2. Beneficence: Obligation to do good
3. Nonmaleficence: Obligation to do no harm
4. Justice: Equal and fair treatment
5. Fidelity: Faithfulness or obligation to keep promises
6. Veracity: Being truthful, trustworthy, and accurate
7. Utility: The greatest good for the individual or an
action that is valued.
ETHICAL ISSUES AND CHALLENGES
1. Abortion
2. Artificial insemination
3. Invitro fertilization and embryo transfer
4. Surrogate parenthood
5. selective reduction in multifetal pregnancy
4. Intrauterine treatment of foetal conditions
5. Substance abuse
6. Refusal to follow the advice of caregivers
7. Informed consent
8. Care of HIV client
9. End of life decision
10. Forced caesarean birth
11. Fetal injury
Abortion
• Abortion is a complex issue, and the controversy is not only in
the public ,many nurses struggle with the conflict between
their personal convictions and their professional duty.
• Nurses are taught to be supportive client with a non
judgmental attitude under all circumstances. However, nurses
have their own personal and political views,
• Nurses need to clarify their personal values and beliefs on this
issue and must be able to provide non biased care before
assuming responsibility for clients.
• Follow MTP act 1972 policies.
IVF-ET
 Adequate information given about risk , benefits,
success rate, alternative treatment, accurate
information, adoption, surrogacy.
 Confidential issues of biologic and adoptive parents.
 Acceptance of donated sperms.
 Clarify doubts-
 Frozen embryo for later use
 Donors
Surrogacy
• Financial and moral responsibilities of child
born with birth defects.
• Issues related to right candidate selection.
• Rights of surrogate mothers.
Forced Caesarean Birth
• Refusal of CS-Birth by mother lead to conflict.
• If refusal occur try identify reason and
convince about benefits but not to forced.
• When it necessary to save life
• Health care provider, take help of court,
surgery after legal notice
Confidentiality
• This law promotes the security and privacy of health
care and health information for all clients. Client
information should always be kept confidential in the
context of the state law, as well as the institution’s
policies.
• There must be a balance between confidentiality and
required disclosure. If health care information must
be disclosed by law, the client must be informed that
this will occur.
Refusal Of Medical Treatment
• Refusal of treatment may occur when the treatment
conflicts with religious or cultural beliefs.
• In these cases, it is important to educate the client
and family about the importance of the
recommended treatment without forcing the client
to agree.
Selective Reduction
• Induced ovulation and in-vitro fertilization
sometimes results in multi fetal pregnancies.
• If the number of exceeds the woman's ability
to carry them to the point where they can
survive outside the uterus, physician may
recommend selectively terminating one or
more fetuses.
Substance Abuse
• Substance abuse for any person is a problem,
but when it involves a pregnant woman,
substance abuse can cause fetal injury and
thus has legal and ethical implications.
Informed consent
 Informed consent has four key components:
 Disclosure
 Comprehension
 Competency
 Voluntariness
 The nurse’s responsibility related to informed consent includes:
 Ensuring that the consent form is completed with signatures
from the client (or parents or legal guardians if the client is a
child)
 Serving as a witness to the signature process
 Determining whether the client or parents or legal guardians
understand what they are signing by asking them pertinent
questions
Intrauterine Treatment Of Fetal
Conditions
• Intrauterine blood transfusions are relatively
standard practice in some areas, foetal surgery
is still relatively uncommon.
• Encouraging open discussions to address
emotional issues and differences of opinion
among staff members
Helpful strategies in making ethical
choices
• Know your values and professional values and do not
compromise either.
• Recognize your accountabilities. Your professional role
as client advocate will help you
• To prioritize your responsibilities and accountabilities.
• Ethical judgment relies on rational thought not
emotion, from a sound knowledge base, argue the case
do not personalize issues.
• Do not feel disappointed that not everyone meet your
standard, neither force your personal values on others.
Role of nurse in ethical decision
making
• These can be summarized as right to:
• Identify ethical issues in practice
• Advocate on behalf of patients and families.
• Inform and involve patients in ethical decisions
• Participate in formal and informal processes that
address ethical issues
• Evaluate processes
• Be aware of personal values and how they relate to
professional practice.
• Develop a basic knowledge of ethical principles and
concepts.
• Be aware of the changing legal and health care policy
issues to be considered during ethical decision making.
THANK YOU

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Ethical and legal issues in midwifery and obstetrics nursing

  • 1. ETHICAL & LEGAL ASPECTS IN MIDWIFERY & OSTETRICAL NURSING PRESENTED BY ABHILASHA VERMA LECTURER JHALAWAR NURSING COLLEGE
  • 2. INTRODUCTION • Ethics are moral principles which affects moral decision making. Ethics involves determining what is good, right and fair. • Legal issues are decided by law. Law may be defined as: “A rule of conduct or action which are put in place to ensure public safety and control undesirable behaviour”.
  • 3. ETHICAL DILEMMAS • Ethical dilemma refers to when there is difficulty in deciding which action takes priority over the other. • It can also be described as a situation in which the patient's rights and the professional's obligations conflict.
  • 4. Perinatal Ethical Dilemmas- 1) Withdrawal of life support 2) In vitro fertilization and decisions for disposal of remaining fertilized ova. 3) Treatment of genetic disorders or fetal abnormalities found on prenatal screening 4) Preconception gender selection 5) Substance abuse in pregnancy 6) Extremely premature or severely disabled infants 7) Drug testing in pregnancy 8) Surrogacy 9) Using organs from an anencephalic infant 10) Genetic engineering 11) Borderline viability: to resuscitate or not
  • 5. ETHICAL PRINCIPLES 1. Autonomy: The right to self determination 2. Beneficence: Obligation to do good 3. Nonmaleficence: Obligation to do no harm 4. Justice: Equal and fair treatment 5. Fidelity: Faithfulness or obligation to keep promises 6. Veracity: Being truthful, trustworthy, and accurate 7. Utility: The greatest good for the individual or an action that is valued.
  • 6. ETHICAL ISSUES AND CHALLENGES 1. Abortion 2. Artificial insemination 3. Invitro fertilization and embryo transfer 4. Surrogate parenthood 5. selective reduction in multifetal pregnancy 4. Intrauterine treatment of foetal conditions 5. Substance abuse 6. Refusal to follow the advice of caregivers 7. Informed consent 8. Care of HIV client 9. End of life decision 10. Forced caesarean birth 11. Fetal injury
  • 7. Abortion • Abortion is a complex issue, and the controversy is not only in the public ,many nurses struggle with the conflict between their personal convictions and their professional duty. • Nurses are taught to be supportive client with a non judgmental attitude under all circumstances. However, nurses have their own personal and political views, • Nurses need to clarify their personal values and beliefs on this issue and must be able to provide non biased care before assuming responsibility for clients. • Follow MTP act 1972 policies.
  • 8. IVF-ET  Adequate information given about risk , benefits, success rate, alternative treatment, accurate information, adoption, surrogacy.  Confidential issues of biologic and adoptive parents.  Acceptance of donated sperms.  Clarify doubts-  Frozen embryo for later use  Donors
  • 9. Surrogacy • Financial and moral responsibilities of child born with birth defects. • Issues related to right candidate selection. • Rights of surrogate mothers.
  • 10. Forced Caesarean Birth • Refusal of CS-Birth by mother lead to conflict. • If refusal occur try identify reason and convince about benefits but not to forced. • When it necessary to save life • Health care provider, take help of court, surgery after legal notice
  • 11. Confidentiality • This law promotes the security and privacy of health care and health information for all clients. Client information should always be kept confidential in the context of the state law, as well as the institution’s policies. • There must be a balance between confidentiality and required disclosure. If health care information must be disclosed by law, the client must be informed that this will occur.
  • 12. Refusal Of Medical Treatment • Refusal of treatment may occur when the treatment conflicts with religious or cultural beliefs. • In these cases, it is important to educate the client and family about the importance of the recommended treatment without forcing the client to agree.
  • 13. Selective Reduction • Induced ovulation and in-vitro fertilization sometimes results in multi fetal pregnancies. • If the number of exceeds the woman's ability to carry them to the point where they can survive outside the uterus, physician may recommend selectively terminating one or more fetuses.
  • 14. Substance Abuse • Substance abuse for any person is a problem, but when it involves a pregnant woman, substance abuse can cause fetal injury and thus has legal and ethical implications.
  • 15. Informed consent  Informed consent has four key components:  Disclosure  Comprehension  Competency  Voluntariness  The nurse’s responsibility related to informed consent includes:  Ensuring that the consent form is completed with signatures from the client (or parents or legal guardians if the client is a child)  Serving as a witness to the signature process  Determining whether the client or parents or legal guardians understand what they are signing by asking them pertinent questions
  • 16. Intrauterine Treatment Of Fetal Conditions • Intrauterine blood transfusions are relatively standard practice in some areas, foetal surgery is still relatively uncommon. • Encouraging open discussions to address emotional issues and differences of opinion among staff members
  • 17. Helpful strategies in making ethical choices • Know your values and professional values and do not compromise either. • Recognize your accountabilities. Your professional role as client advocate will help you • To prioritize your responsibilities and accountabilities. • Ethical judgment relies on rational thought not emotion, from a sound knowledge base, argue the case do not personalize issues. • Do not feel disappointed that not everyone meet your standard, neither force your personal values on others.
  • 18. Role of nurse in ethical decision making • These can be summarized as right to: • Identify ethical issues in practice • Advocate on behalf of patients and families. • Inform and involve patients in ethical decisions • Participate in formal and informal processes that address ethical issues • Evaluate processes • Be aware of personal values and how they relate to professional practice. • Develop a basic knowledge of ethical principles and concepts. • Be aware of the changing legal and health care policy issues to be considered during ethical decision making.