Ethics has been described as beginning where the law ends. Both share the goal of creating and maintaining social well-being (Brock & Mastroianni, 2013). Ethics is never alone, nor is the law. Some topics that have both ethical and legal components are: The main task of human participants in research is to serve as data sources. Researchers have a duty to “protect the life, health, dignity, integrity, right to self-determination, privacy and confidentiality of personal data of research participants.” [4] The Belmont Report also provides an analytical framework for evaluating research based on three ethical principles:[5] Research suggests that ethical conflicts in the care sector are increasing, both because of the increasing complexity of nursing and because of scientific and technological advances. Several studies that have attempted to analyze the ethical conflicts that occur in intensive care units have found that the ethical conflicts faced by critical care nurses come from three main sources: Traditionally, the ethical decision-making process and the final decision were the responsibility of the physician. This is no longer the case; The patient and other healthcare providers are at the heart of the decision-making process based on their specific expertise (Valente & Saunders, 2000). Even in the absence of such concrete effects, disclosure may be regarded as harm in itself, a violation of the fundamental right to privacy resulting from the ethical principle of respect for individual autonomy. The protection of the privacy of information has been defined as “the right of individuals and the societal value that constitutes this claim to control the use and disclosure of information about them” (Fanning, 1998:1).
Gostin (1995:514) emphasizes the importance of privacy in the development of a sense of self and personality: “It is difficult to imagine how individuals, in the absence of a certain degree of intimacy, can formulate autonomous preferences or fundamentally develop the ability to govern themselves.” Lack of privacy makes people reluctant to entrust personal information to others; For example, they may hide sensitive information that their doctors need to ensure effective treatment. Ethical practice guidelines have been in place since the early days of nursing. An ethical promise for nurses – a modified version of the Hippocratic Oath called the Nightingale Pledge – was developed by Lystra Gretter in 1893. The first Code of Ethics for Nurses was proposed by the American Nurses Association in 1926 and adopted in 1950 (Lyons, 2011). The law sets out the rules that define a person`s rights and obligations. The law also provides for penalties for those who violate these rules. Laws are often amended to reflect the needs of society. In any society, laws often have a strong moral norm (Porter, 2001).
Two of the most common types of potential lawsuits against health care providers for health care providers for health care injuries include lack of informed consent and violation of the standard of care (Brock and Mastroianni, 2013). The ethical and legal issues surrounding the conduct of clinical research with human participants have for many years raised the concerns of policymakers, lawyers, scientists and clinicians. The Declaration of Helsinki established ethical principles that will be applied to clinical research involving human participants. The goal of clinical research is to systematically collect and analyze data from which conclusions are drawn that can be generalized to improve clinical practice and help patients in the future. Therefore, it is important to know Good Clinical Practice (GCP), an international quality standard provided by the International Conference on the Harmonization of Technical Requirements for the Registration of Pharmaceuticals for Human Use (ICH)[1] or the local version, the PCBs of the Central Medicines Control Organization [2] and local regulatory policy, ensure that research is conducted in both an ethical and legal manner. In this article, we will briefly discuss the legal and ethical issues related to human recruitment, the basic principles of informed consent, and the precautions to be taken when publishing data and clinical research. GCP`s core research principles include defining the responsibilities of sponsors, researchers, monitoring and reviewing the consent process, and protecting human subjects. [3] Kidder calls this a “right-versus-right” dilemma. When evaluating alternatives, both options for action have both positive and negative elements. The law against the law is an ethical dilemma, while the law against.
