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This paper 'Professional Ethics' tells that However, if a physician allows such a victim to die due to negligence or failure to take the necessary steps on time, this can be regarded as an abdication of duty and he can be blamed for lack of professional ethics and is considered to be against the law Hergenroeder…
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Running Head: PROFESSIONAL ETHICS School: Topic: Professional Ethics Lecturer: Presentation: Introduction Professionals have a moral obligation because they possess knowledge that other people lack. They are capable of making an informed decision in regard to matters affecting the general public. An example is in the healthcare profession whereby members of the public can not be blamed for failing to save the life of an accident victim due to lack of knowledge concerning first aid. However, if a physician allows such a victim to die due to negligence or failure to take the necessary steps on time, this can be regarded as abdication of duty and he can be blamed for lack of professional ethics, and is considered to be against the law Hergenroeder (2007). This essay is a critical evaluation of the relationships between legal and ethical issues. Professional ethics has been defined and discussed, while on the other hand the paper examines the utilitarian as well as Kant’s ethical theories. Application of these theories to current practice has been discussed.
Relationship between Legal and Ethical Issues
Legal issues are mainly concerned with what is requires by the law in regard to the work of professionals. These are usually obligatory, and legal action can be taken against professionals for failing to adhere to the requirements. For example, a physician or nurse who fails to fulfill his legal obligation to diagnose and prescribe the appropriate medication to a patient may be sued by the patient. Legal requirements are usually developed by the government in order to protect its citizens from abuse and other dangers associated with negligence by professionals in health care (Aiken 2008).
Conversely, ethical issues are concerned with the principles of effective performance and application of the knowledge acquired through learning. In many cases, professional organizations specify the ethical standards for its members. They offer guidelines that every member of that profession is required to adhere to. In many cases, members of such a profession are usually bound to the ethical standards through licensing bodies that ensure that ethical principles are adhered to, failure to which a member’s license can be revoked or suspended. These standards are usually meant to protect the public from abuse or malpractice, as well as maintenance of the reputation of the professional body (Aiken 2008).
The professional bodies that provide the ethical standards are also protected by the law. They are mandated to issue and revoke licenses, and they can also file a claim against a member who adversely damages its reputation through unethical behavior. Legal and ethical issues are therefore meant to protect humans from suffering losses that may arise as a result of professional misconduct. On the other hand they are different in the sense that the legal issues are mainly stipulated by the state to protect its citizens while ethical issues are the standards that need to be adhered to in a particular profession.
Professional Ethics
In the place of work, there exist guidelines of what a person can or what he can not do. This is what to some extent comprises the notion of professional ethics. To a larger extent, it covers the life of a professional in regard to all his/her actions in the public sphere. The person has to exercise morals in all activities involved in his profession. There are certain codes of ethics that are usually stipulated by societies of professionals whereby recruitment of membership is through a screening process to ensure that every member is knowledgeable about these codes. Failure to adhere to them as a member usually leads to disqualification or cancellation of licenses, which may become a major blow in regard to a professional’s work (Baron 2006).
Certain ethical principles such as respect for everyone, honesty, and many other aspects of uprightness form the basis of professional ethics. A person has to ensure that he/she maintains healthy relations with co-workers as well as those whom they work with. He/she is also responsible for the improvement of the work environment. Observance of professional ethics is important for the public since it builds confidence in service users (Beauchamp and Childress 2001).
Ethical Theories
Ethical egoism is one of the theories that apply in many professions. According to Baron (2006), ethical egoists usually focus on only the issues that affect them. They are usually of the opinion that satisfaction of personal interests is the major issue to fulfill before considering satisfaction of the interest of others. For example in the medical profession, physicians or nurses who wish to satisfy personal interests may not be able to serve the public with the desired attitude and behavior. This usually leads to corruption and failure of compliance with the professional standards. This case, as Steve (2006) observes caused the loss of evidence for the killers of a 16 years old in Congo when he gave false evidence after a post mortem examination in order to save his friend from a law suit. It cost the family as well as the state a lot because of such an egoist act.
Utilitarianism
Utilitarianism is another principle that promotes the desired qualities amongst professionals. They are characterized by selflessness and the desire to satisfy the needs of the general public other than individuals. Such people usually evaluate the various alternative actions that are likely to uphold public good. Professionals are also able to analyze and solve disputes regarding morals in an objective manner. In current practice, the utilitarian approach is applied in most of the medical institutions. For example, Hergenroeder (2007) cites a case whereby a child in the children’s hospital in Yale refused to allow trainees to conduct a delicate operation on a child who had complications in the umbilical cord. The physician performed the operation to satisfy the interest of the patient as well as the mother. This was a prudent utilitarian decision.
Conclusion
Legal and ethical issues are different in regard to their development and the manner in which professionals are required to adhere. However, both focus on upholding morals in regard to the work of professionals. Professionalism is significant in the society. It helps in ensuring that the public benefits from the knowledge that is possessed by a few individuals who have acquired essential knowledge and have also been entrusted to work for the state for public good. Observance of professional ethics is important in maintaining proper delivery of essential services to the public. This can not be achieved through the egoist approach. This is because it tends to focus on satisfaction of self interest. The utilitarian approach is significant in maintenance of professionalism. It is the best approach for healthcare professionals to adopt in dealing with patients.
References
Aiken D. T. (2008). Legal and Ethical Issues in Health Occupations, Saunders.
Baron J. (2006). Against Bioethics, the MIT Press.
Beauchamp T. and Childress J. (2001). Respect for Autonomy: Principles of Biomedical Ethics. 5th ed. Oxford, United Kingdom: Oxford University Press.
Hergenroeder G. W., Prator BC, Chow A. F. (2007). Postmortem Intubation Training: Patient and Family Opinion. Med Ed.
Steve M. (2006). Case Studies in Organizational Communication: Ethical Perspectives and Practices, Sage Publications.
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