Legal and Ethical Considerations Examples

The recent increase in research activity has raised concerns about ethical and legal issues. Various guidelines have been formulated by organizations and authorities that serve as guidelines to promote integrity, compliance and ethical standards in the conduct of research. Research fraud undermines the quality of evidence-based medicine establishment, and measures should be taken to prevent such practices. An overview of ethical and legal principles will allow research to be conducted in accordance with best practices. These considerations protect the rights of research participants, increase the validity of research, and preserve scientific integrity. Healthcare professionals are constantly confronted with ethical and legal issues in the workplace, putting them at risk of burnout. Efforts on collection costs increase the pressure on employees to do more with less. Limited resources force difficult decisions about quality of care. Patient safety can be compromised, resulting in injuries and lawsuits. Bioethicists suggest that when health professionals practice the ethical principles of autonomy, do justice, do good and do no harm, health professionals can help resolve difficult situations. Reasonable efforts should have been made to find a legal authority for consent.

If there is not enough time, an “informed consent exception” may allow the subject to register with the prior consent of an ethics committee. [7] Researchers should obtain the delayed informed consent of the investigator (if recapable) or his/her legally authorized representative for further participation as soon as possible. [4,7] Mistreatment of research participants is considered research misconduct (failure to approve ethics review, failure to follow approved protocol, lack or insufficient informed consent, exposure of subjects to physical or psychological harm, exposure of subjects to harm due to unacceptable research practices, or failure to maintain confidentiality). [6] There is also scientific misconduct involving fraud and deception. Decisions regarding withholding information involve a conflict between truthfulness and deception. There are times when the legal system and professional ethics agree that deception is legitimate and legal. Therapeutic privilege is invoked when the healthcare team makes a decision not to disclose information that is considered harmful to the patient. Such a privilege is, by its very nature, questionable. The concept of autonomy has evolved from paternalistic physicians with ethical decision-making power over patients empowered to participate in decisions about their own care to patients heavily armed with Internet resources and trying to assert themselves in all decision-making. This transition of authority has developed more slowly in the geriatric population, but as baby boomers age, they affirm this evolving norm of independence. However, autonomy does not negate responsibility.

Health care is based on a partnership between the health care provider and the recipient. Everyone owes the other responsibility and respect. The Carnegie Foundation describes the educational components required to work as a professional as three essential areas: (1) intellectual training to learn the academic knowledge base and the ability to think in a way that is important to the profession; (2) practical competency-based instruction; and (3) training in ethical standards, social roles and responsibilities of the profession, through which the beginner is introduced to the importance of integrated practice of all dimensions of the profession according to the fundamental objectives of the profession (Hughes, 2008). The equitable distribution of resources is a growing challenge as technology improves and life is extended by natural and mechanical means. All of these factors are straining an already inefficient and overburdened health care system, leading to more difficult ethical decisions about the division of labour and the equitable distribution of financial resources. The primary role of human research participants is to serve as data sources. Researchers have a duty to “protect the life, health, dignity, integrity, right to self-determination, privacy and confidentiality of research participants` personal data.” [4] The Belmont Report also provides an analytical framework for evaluating research according to three ethical principles:[5] Well-designed good studies promote the development of medical science. Poorly conducted studies violate the principle of justice by wasting time and resources on research sponsors, researchers and subjects, thereby undermining society`s trust in scientific research.

[11] The GCP Guidelines are an international standard of ethical and scientific quality for the design, conduct, recording and reporting of studies. [1] Such ethical lapses resulted in serious harm to participants, waste of resources, and loss of trust in science and scientists. Therefore, all research institutions have strict ethical guidelines for the conduct of research. In extreme cases of self-plagiarism, entire files or documents are sometimes duplicated. These are serious ethical violations, as they can skew research results if they are considered original data. When you`re running a business, you know that things can always get a little complicated. In fact, you know that it can be very complicated. There`s a lot to manage between what you want and your employees, your partners and even the law. But litigation and other legal issues can be really painful. Here is a list of the most common business legal problems so you can try to avoid them.