Unethical behavior and criminal behavior

Peer 1 (50 to 100 words )

The nurse acted immorally in this situation as a person interested in the legal field, I don’t really think she violated any laws because there was a policy in place for the company that didn’t allow them to administer CPR. “The law does not actually allow residents who are not in a skilled nursing facility (nursing home) to receive what we think is hands-on nursing” (Rosenblatt, 2013). She did not act illegally in accordance with company policy by not administering CPR. Ethically? She violated every ethical code that might be violated by a nurse. It’s your duty as a nurse not to do any harm. When she was just standing in front of her, watching her patient dying, she did not follow the Hippocratic Oath that nurses take when pinned.

The difference between a criminal behavior versus unethical behavior is that a criminal act is illegal and contrary to the law while an unethical act is a violation of a moral conviction. The nurse did not technically violate any laws by not administering CPR because as a person you are not required to administer CPR to a needy citizen— administering CPR is an ethical and moral action. I believe the nurse acted unethically in this instance because she did not help the person she was sworn to protect. I don’t think she should have been arrested because she acted unethically. Instead, as the scene’s first responder, I would have received all the information necessary and then reported to the Nurse Licensing Board a copy of the full report detailing her inaction. By doing so, because of a company policy, I could prevent another unfortunate person from losing their lives.

Reference:

Rosenblatt, C. (2013). Nurse Refuses To Give CPR, Senior Dies: Ethical Problem Or Legal Issue? Retrieved from: https://www.forbes.com/sites/carolynrosenblatt/2013/03/08/nurse-refuses-to-give-cpr-senior-dies-ethical-problem-or-legal-issue/#1c545c313537

peer 2 ( (50 to 100 words )This is a very interesting story, which really made me think about ethics and how unethical behavior doesn’t mean you are breaking the law or vice versa. In this situation, the nurse worked in an independent seniors’ residence in a role that was not nursing care in other terms, not a skilled nursing facility. Because of this, the nurse believed it would have been breaking the rules to perform CPR, while I believe this to be unethical on her part, I do not believe that this action was illegal. A crime is “any act or omission in violation of penal law, committed without defense or jurisdiction, and made punishable by the state in a judicial proceeding” (Schmalleger & Hall, 2014). The nurse acted within her job description as not giving nursing care; therefore, by refusing it was not illegal. The ethical decision comes from each individual’s belief from what they believe to be right, for myself, I think that by not performing CPR, the nurse acted unethically. However, someone from another culture or up-bring could feel different.

If I were the first officer on the scene, I would not arrest the nurse. As the first officer to arrive, I would take statements from everyone involved; this would include management from the facility which the nurse worked. Once I have all the paperwork gathered, I would hand it over to the detective or my supervisors to review the situation.

Rosenblatt, C., (2013, September 21). Nurse Refuses To Give CPR; Senior Dies: Ethical Problem Or Legal Issue? Retrieved from https://www.forbes.com/sites/carolynrosenblatt/2013/03/08/nurse-refuses-to-give-cpr-senior-dies-ethical-problem-or-legal-issue/#44d1e0663537

Schmalleger, F. J., & Hall, D. E. (2014). Criminal law today (5th ed.). Upper Saddle River, NJ: Prentice Hall.