Ethica and Legal Aspects of Nursing Practice DQ # 8 week 5 Less than 10 % similarity References APA Please answer the following Discussion Question -

Ethica and Legal Aspects of Nursing Practice DQ # 8 week 5
Less than 10 % similarity
References APA

Please answer the following Discussion Question.Please be certain to answer the three questions on this week DQand to provide a well-developed and complete answer to receive credit.Also, please ensure to have read the assigned chapters for the current week.
Case Study, Chapter 16, Whistle-Blowing in Nursing
A student nurse asks a faculty member to explain whistle-blowing. The student nurse wants to know the work conditions that would have to be met before whistle-blowing occurs, as well as situations in which whistle-blowing is clearly indicated. The faculty member reviews key concepts with all members of the class.
1. Being a whistle-blower takes great courage and self-conviction because it requires the whistle-blower to avoid groupthink. Analyze how groupthink affects the process of whistle-blowing.
2. Discuss the pros and cons of whistle-blowing.
3. What are the key guidelines for blowing the whistle

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Ethica and Legal Aspects of Nursing Practice DQ # 8 week 5 Less than 10 % similarity References APA Please answer the following Discussion Question

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Chapter 16

Whistle-Blowing in Nursing

Whistle-Blowing
Action by a nurse going outside organization for publics best interest when organization is unresponsive to reporting danger through organizations proper channels
Two types:
Internal: reporting concerns via chain of command
External: reporting concerns outside organization

Groupthink and Whistle-Blowing
Groupthink: inappropriate conformity to group norms
Going outside with significant personal, professional risks
Cases involving Enron, WorldCom, Morgan Stanley, federal prison in California, Wells Fargo Bank
Awareness of problem; ignore until crisis occurs or problem becomes public
Reality: professionals torn between what they believe they should do and what they actually do
Research by Fagan, Parker, and Jackson (2016): speaking up

Examples in Nursing #1
Multiple cases of whistle-blowing by nurses
Nursing home abuse, neglect
Inadequate, inappropriate care
Unsafe nurse staffing
Unprofessional physician conduct

Examples in Nursing #2
Primary reason for not raising a concern: nothing would be done
Whistle-blowing never first solution; need to follow chain of command
Guidelines for whistle-blowing (see Box 16.1)

Question #1
Is the following statement true or false?
Whistle-blowing involves adhering to groupthink.

Answer to Question #1
False
Groupthink refers to an inappropriate conformity to group norms. Whistle-blowing involves going outside the norm.

Cultural Background
Cultural background, a possible influencereluctant due to being raised to respect clear chain of command and hierarchy
English-as-a-second-language nursesreluctant due to problems with communication
Higher stakes; fear of retaliation

Personal Risks #1
Negative reactions from coworkers
Loss of job
Employer retaliation
Legal retaliation
Personal effects (distress, acute anxiety, flashbacks, nightmares, disturbing thoughts)
Effects on family life
Reporting problems anonymously is difficult

Personal Risks #2
Whistle-blowers never assume doing right thing will protect from retaliation
Need to determine legal duty for reporting; research specifics of protection under law; anonymous reporting if possible; preparation to defend claim
Attempt to solve problems internally before going public
Pros and cons (see Box 16.2)

Ethical Dimensions
Conflict between commitments to principle and duty
Loyalty to employer versus patient protection (major reason for delay)
Advocacy, group loyalty, and saving face
Consequentialist view: maximize benefit; minimize harm
Deontological view: duty to keep promises or protect patients
ANA Code of Ethics for Nurses and other ethical codes: role of patient advocacy

Question #2
Is the following statement true or false?
A consequentialist views whistle-blowing in terms of maximizing the benefit while minimizing the harm.

Answer to Question #2
True
Whistle-blowing is viewed by a consequentialist as focusing on changing a situation for the better, that is, maximizing the benefit while minimizing the harm.

Whistle-Blowing as Failure of Organizational Ethics #1
Organization failing to address accountability for patients safety and welfare
Nurses encouraged to speak up and be supported when doing so
Reality: if person willing to go to the trouble and risk repercussions, then concerns need to be taken seriously

Whistle-Blowing as Failure of Organizational Ethics #2
Suggestions
Ethical committee chaired by nurse with biomedical issue experience
Nurse manager promotes values of patient advocacy
Organizational support of individuals willing to take risk

Legal Protection #1
No universal legal protection for whistle-blowers
Federal protection
1st, 14th Amendments to the U.S. Constitution
Title VII of Civil Rights Act or Fair Labor Standards Act
President Donald Trumps 2017 executive order establishing an Office of Accountability and Whistle-blower Protection
State protection
Variable standards for proving retaliation

Legal Protection #2
False Claims Act: for fraud committed against federal government
Exhaust internal chain of command
File complaint with DHHS
If considered valid, litigation proceeds
Whistle-blower receives percentage of damages awarded
As of 2016, False Claims Acts had been adopted by 29 states, District of Columbia, NY city, and Chicago

Legal Protection #3
Other federal legislation
Whistleblower Protection Act of 1989
Whistleblower Protection Enhancement Act of 2007
National Labor Relations Act
Sarbanes-Oxley Act of 2002 (best protection for nongovernmental employees)

Question #3
Is the following statement true or false?
The False Claims Act provides protection for fraud committed against the state.

Answer to Question #3
False
Although there are state versions of the False Claims Act, the Act was passed to encourage whistle-blowers to come forward regarding fraud committed against the federal government.

Whistle-Blowing as an International Issue
2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program
Highest numbers of international reports came from the UK, Canada, Australia, China, and India
In 2017, the British National Health Services published draft regulations to give legal protection to NHS whistleblowers

End of Presentation

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