Evidence-based Nursing - Legal and Ethical Issues of Research

Legal and Ethical Issues of Research

Both legal and ethical issues are important in considering patient-based research. The American Nurses Association (ANA) has set up five basic rights for patient protection:

  1. Right to self determination
  2. Right to privacy and dignity
  3. Right to anonymity and confidentiality
  4. Right to fair treatment
  5. Right to protection from discomfort and harm.

These rights apply to both researchers and participants. Informed consent is one area that nurses must be familiar with in order to complete research. Informed consent is "the legal principle that governs the patients ability to accept or reject individual medical interventions designed to diagnose or treat an illness". Informed consent can only be obtained before the procedure and after potential risks have been explained to the participant. When dealing with the ethical portion of Evidence based practice, the Institutional Review Boards (IRB) review research projects to assess that ethical standards are being followed. The institutional review board is responsible for protecting subjects from risk and loss of personal rights and dignity. The IRB also come into play when deciding on which populations can be included in research. Vulnerable groups such as children, pregnant women, physically disabled or elderly maybe excluded from the process. Nurses must notify the IRB of any ethical or legal violations.

It is important to be up to date on all the appropriate state laws and regulations regarding vulnerable populations. This may mean consulting with lawyers, clinicians, ethicists, as well as the affiliated IRB. It is imperative that researchers act as advocates for these vulnerable persons that cannot do so for themselves.

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