Every day in a variety of settings nurses are faced with ethical and legal issues. Such encounters can be even more prevalent when caring for members of the LGBTQ community. Being aware of and understanding ones own values and beliefs is of up most importance. According to Stanhope and Lancaster 2016, “Nurses have an ethical obligation to provide culturally competent care to LGBTQ families”. Areas in which ethics an legal matters may arise include the use of informed consent, disclosure of medical information/ HIPPA violations, care incompetence and state laws.
Regarding informed consent, it is a concern that LGBTQ patients and their families may have not been fully informed of clinical prognosis, especially when it comes to HIV/AIDS. It is also very common for patients to feel more comfortable asking a nurse questions verses a physician. It becomes an ethical dilemma for the nurse when determining how much information to convey. Disclosing medical information can be tricky. Nurses must consider the patients right to know as well as abide by their wishes when it comes to family.
There is a fine line between what is acceptable and what is considered a HIPPA violation. One area in which an ethical dilemma may arise is witnessing the incompetence of another staff member. Should we or shouldn’t we report the negative behaviors aimed at the LGBTQ patient? Stanhope and Lancaster 2016 point out that “nurses have an ethical responsibility to overcome stigmatizing practices and attitudes that compromise the quality of care for an individual or family”. We need to take the lead in assuring quality of care and stand up for what is right.
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Most of the legal issues surrounding the LGBTQ community “stem from the lack of legal recognition for LGBT relationships in most areas of the country”. Same sex marriage laws vary from state to state as well as adoption rights. While the sexual orientation or gender identity should not affect a persons legal right to marriage or parenthood, these are continual struggles this community faces. Some states have since taken a step in the right direction and implemented non-discrimination policies. On April 15, 2010 President Obama signed a directive instructing hospitals to allow all clients to designate who can visit or make decisions on their behalf (Stanhope and Lancaster, 2016). This will greatly help some of the issues LGBTQ partners face within the healthcare system.
As stated previously, it is the duty of the nurse to provide culturally competent care. We must familiarize ourselves with the code of ethics we are held to. Healthy People 2020 lists a goal to “improve the health, safety and well-being of LGBT individuals”. To reach this goal we must expand our knowledge, ensure a safe environment for the patients and convey understanding and respect.
