Legal and Ethical Issues Essay Example | Topics and Well Written Essays - 1500 words

Legal and Ethical Issues - Essay Example Therefore, social and medical workers direct all their efforts on decreasing level of smoking among elderly people (Gardner, 2002). In the UK only 1 in 10 general healthcare staff disagreed with a smoking ban in health-care centres for elder people (Gardner, 2002). It means that the great interest of medical staff is focused on the decrease of the level of smokers in health care centres (Gardner, 2002). Some elderly people have a long-term â€Å"habit† of smoking. Thus once an old person loses a beloved spouse, he may start smoking again even if he gave it up earlier. Smoking can destroy the health of smokers and non-smokers around them. The latter breathe in cigarette smoke. Mass media has propagated a tolerant attitude to smoking for a long time being driven by commercial triggers (Chiva&Stears, 2001). The issue is even more complicated if it refers to elderly smokers in a care setting. Some elderly people suffer from numerous diseases and it is relevant to inform them about health hazards caused by smoking. It is quite clear that smoking is a trigger of cancer, lung diseases and many other illnesses (Chiva&Stears, 2001). Thus, it is relevant to find a solution to this problem from legal and ethical perspectives. Ethical issues There are four basic ethical principles: respect for person, autonomy, beneficence, non-maleficence and justice. Elderly people who undergo treatment in health care settings should be treated in accordance with these ethical principles. For example, a principle of respect for person is reflected if smokers are aware of the fact that their smoking violates health protection of people around them. On the other hand, freedoms of smokers should not be violated (a principle of autonomy works here); public intrusion of non-smoking policy into personal choices of smokers etc. These issues can be complicated by many other considerations: elderly people have a long-term â€Å"habit† of smoking. Therefore older people endanger thei r relatives or people around them and expose people in a care setting to second-hand smoke. A controversial ethical dilemma occurs: whether to ban or not to ban smoking to old person? It is a violation of smoker’s freedom, is not it? First of all, a smoker is a citizen. He should not feel that their freedoms are restricted. Smoking is not an illegal practice. Of course, there is no doubt that good of the public should not be sacrificed in the name of a smoker’s satisfaction. Legal issues If to consider smoking from the perspective of smoking as a personal choice of a smoker, then smoking ban should be considered from legal and ethical perspectives. In accordance with the American Medical Association Code, â€Å"Health professionals are under obligation to put the patients first, regardless of economic status or physical condition. Each profession within the health care field has adopted its own code of conduct† (Gardner, 2002).. With regard to an elder patient o f health care setting in case he cannot make decisions himself, it is relevant to take control over his mental capacity. In case, â€Å"a decision should be made for them, that decision must be made in that person’s best interests. You must also consider whether there is another way of making the decision which might not affect the person’s rights and freedom of action  as much (known as  the â€Å"least restrictive alternative principle†