Importance of Legal and Ethical Considerations

In this discussion, students will critically reflect on the differences and similarities between legal and ethical norms. Use these questions to stimulate in-depth discussion and reflection on these concepts. People`s quality of life can be improved through legal and ethical standards designed to ensure that no one in society is threatened by terrorism or criminal behaviour. Ethical standards are formulated in accordance with societal norms. Heads of government create legal norms in the form of laws and laws. Ethical standards are based on human notions of right and wrong, which is why they are important. When it comes to ethical and legal standards, not everything that is legal is always legal. The definition of legal norms is a set of principles based on laws promulgated by the Government. The statutes and laws cited by lawyers are based on law. Legal provisions are useful because they tell people what they cannot do.

Those who break the law can be held liable if legal standards are in place. Cyber-mapping offers rich potential for traditional knowledge mapping, as described earlier in this chapter, but this knowledge is much more than a collection of “artifacts” that can be placed on a map. It is part of a knowledge system that is often fundamentally different from dominant Western systems. Chapter 19 addresses the legal issues associated with protecting communities` rights to knowledge and promoting a culture of respect, not only for individual knowledge, but also for the integrity of the knowledge system from which it originates. Existing rights, such as copyright, intellectual property and data ownership, have limited value because they are based on individual rights rather than collective or community rights. What is needed are completely new perspectives on legal and ethical issues, including greater consideration of soft law solutions. The Affordable Care Act is an example of a series of laws that have been developed with a number of ethical issues in mind. Due to pre-existing conditions or simple unavailability, tens of millions of people have not been able to purchase health insurance at all costs. The law corrects this injustice by requiring most U.S. citizens and permanent residents to purchase health insurance (Lachman, 2012). The law also addresses insurance choices and costs and introduces certain rights and protections for consumers. Clinical ethics is a discipline or methodology used to examine the ethical implications of medical technologies, policies, and treatments, with particular attention to determining what should or should not be done in health care (Brock & Mastroianni, 2013).

The main ethical and legal considerations concern research participants. It is the responsibility of the researcher to protect and preserve the privacy, dignity, respect, privacy and protection of research participants. There are topics that are controversial in nature, the author should obtain the consent of research participants before publishing controversial or personal information about research participants. It is best to avoid disclosing the names and identities of research participants. The main difference between legal and ethical standards lies in the basis of each concept. Authors and researchers have an ethical obligation to ensure the accuracy, publication and dissemination of research results[4] and to disclose relevant corrections, retractions and errata to publishers in order to protect the scientific integrity of published evidence. All research studies involving humans must be registered in a publicly accessible database (e.g. ANZCTR [Australia and New Zealand], ClinicalTrials.gov [US and non-US], CTRI [India]) and the results must be made public. [4] Clinical trial sponsors must grant all researchers and manuscript authors access to the full study dataset and have the right to use all study data for publication. [5] Source documents (with study data) and clinical study reports (study results and interpretation) are essential documentation that must be retained for a period required by applicable local legislation.

[1] The ICMJE currently proposes a requirement for authors to share anonymized individual patient data underlying outcomes in articles in member journals. [18] Moral conscience is a precursor in the elaboration of the legal rules of the social order. Data may be subject to access restrictions related to ethical and legal issues. These restrictions must be set before the data is published to the repository. Most research institutions have an office of experts in research and/or law and ethics who can provide advice in this area. In addition to a “copyright” statement, a “rights” and “access rights” statement can be included in the metadata record to explicitly specify data restrictions. It may also be necessary to enter into a user agreement to determine how other researchers may use the data collection. Some data collections are subject to an embargo period or require mediated access (e.g., an email request to the collection owner) or can only be accessed by a particular group of researchers (e.g., researchers from the same research centre). In these cases, the repository software must be able to support these conditions.

Ethically and legally have different meanings, although they both aim to ensure that people live well. Ethical means carrying the value of distinguishing good from bad behavior, while legal means acting in accordance with the law. Informed consent may be obtained from a legally authorized representative if a potential research participant is unable to give informed consent[4] (children, mental disability). The participation of these populations must be conditional on their being able to benefit from the results of the research. [4] The “legal representative” can be a spouse, close relative, parent, power of attorney or legal guardian. The hierarchical hierarchy of priorities of the representative may vary from country to country and region within the same country; Local guidelines should therefore be consulted. Fidelity is fidelity or loyalty. This is a testament to the special relationship that has developed between patients and their health care provider. Each owes allegiance to the other; Although the greatest burden rests with the medical provider, the patient must increasingly assume some of the responsibility (Beauchamp & Childress, 2001).

Fidelity often leads to a dilemma because a commitment to a patient may not lead to the best outcome for that patient. The root of faithfulness is the importance of keeping a promise or staying true to one`s word. The individual sees things differently. Some are able to justify the meaning of the promise at almost any cost, and others are able to set aside the promise when an action could be detrimental to the patient. The Affordable Care Act also addresses the ethical principles of charity (kindness) and non-malevolence (do no harm) by establishing affordable health care exchanges and plans. Exchange is part and parcel of the complicated problem that arises when health care is compulsory. It is based on the concept that requiring health insurance without affordability would cause significant harm to individuals and families in financial difficulty (Lachman, 2012). Physiotherapist managers regularly encounter a variety of issues, many of which involve legal and ethical issues. Managers who have risen through the ranks or gained supervisory status through clinical expertise or years of service may be ill-equipped to recognize and address these issues.

This chapter attempts to answer the most common legal and ethical questions faced by physiotherapist managers. Basic and applied ethics are discussed alongside the specific problems of the managed care environment. Medical malpractice, sexual harassment, and labor law are under review, and these issues are followed by a discussion of federal laws that affect the practice of physiotherapy. Ethical standards, on the other hand, do not necessarily have a legal basis. They are based on the human principles of good and evil. For example, if you try to park your car in a parking lot and there is only one parking space left, the only legal standard you must follow is not to exceed the speed limit or crash into another car. Now, if you see another car going to that place, ethical standards tell you not to fight for space, but to give room to the car that was there first. It is the right thing to do. This is an ethical standard. Imagine you were the one walking around the place right now, and someone was walking by and parking there. You would feel treated unfairly, and yes, you have been wronged, ethically.

Legal and ethical norms are rules and principles that people in the same society are familiar with. For example, if you live in the United States, you will be familiar with the laws of the country. You will also learn about the ethical standards of American society.