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Individual Case Analysis 4
1. Has the nurse in this scenario violated any ethical or legal standards?
In my perception, Gail has not violated any legal standards because she is not on her
duty. A nurse is not legally obligated to provide care to anyone out of their employment
obligation (Brent, 2016) in all province except in Quebec. It is Gail's choice whether to assist the
victim or not. If she were in Quebec she has the responsibility to act in crisis situations
(CNPS,2018) . Regarding the ethical aspect, I think the principle of nonmaleficence and her duty
to care has been violated. It is the responsibility of a nurse to prevent harm to the clients. If Gail
had stopped to assist the victims in need, she could have decreased the extent of injury to the
20yrs older adult. However, she can still argue that she is not officially on duty. In my view,
nurses have a duty to care for the public and should act in such a way to prevent potential harm.
3. Did Gail have any ethical or legal responsibility to provide assistance to the victims of
this accident? Is there a risk of any civil or criminal liability?
Legally, Gail is free to walk away. She does not have any obligation to provide assistance
to the victims of this accident. However, it is her professional responsibility to intervene in crisis
situations and use her professional knowledge to minimize the harm. During the whole of our
nurse training, we are taught to help people to preserve life. I believe, ethically it is wrong to
walk away without providing primary care to save a person's life. Gail could have assisted the
victim until the paramedics take over the situation.
As a nurse in Canada, Gail is not legally obligated to provide care to anyone outside of
her employment obligations. So, Gail is not responsible for assisting any person in this scenario
However, if this situation is in the Quebec she is obliged to help the victims of the accident
CNPS,2018). Except from Quebec she will not face any risk for civil or legal liability. Although
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there are legislative measures to protect the people who help during crisis situation, usually they
hesitate to step in due to the fear of potential problems that he or she may face.
Is there a diff4erence between her legal and moral responsibilities?
Yes, there is a difference between her legal and moral responsibilities. Legal standards
are based on written law; however, what is ethical and moral are not always legal (Keatings,
2020). In this scenario, Gail is not legally entitled to help the victims of the accident, but she has
a moral responsibility to them. She might feel morally responsible to intervene in this emergency
situation. But it is all up to her conscience. No one can blame her for walking away without
assisting the victims.
4. What choice would you have made?
I think being a nurse gives you a level head in a crisis and the ability to analyse the
situation and act quickly. It is not in my personality to stand by and not do anything. So, if I were
in that situation, I would have stopped by to assist the victim until the paramedics take over the
victim. Timely action could have changed the prognosis of the victims of the incident.
References
Canadian Nurses Protective Society .(CNPS). (2018, April). Ask a lawyer: Good Samaritan.
[Link]
Brent, J. M. N. S. (2016, August 23). Know the law before acting as Good Samaritan.
[Link] Blog. [Link]
as-good-samaritan/
Keatings, M., & Adams, P. (2020). Ethical and Legal Issues in Canadian Nursing (4th ed.).
Elsevier.
