Legal and ethical consideration in child and family nursing

Assignment 1: Legal and ethical considerations in child and family nursing- Case study discussion questions Weighting: 35% of the overall unit grade Due date: Sunday 15th March at 11.55 pm (end of week 5) Word limit 1500 words (500 per case study discussion, including in-text references) Referencing: APA (6th edn) Task description: Students are to read each of the three case studies provided below . For each of the three case studies, students are to provide evidence-based responses which address the following 4 points… 1) Identify the legal and ethical issues that underpin the particular case study. 2) Discuss the international, national, state, organisational and scope of practice legislation/guidelines that pertain to the case study and which would inform your work as the registered nurse in such a scenario. 3) Explore what action (if anything) will you need to take as the registered nurse in this case study? 4) How can you, as the regi

Legal and ethical consideration in child
and family nursing

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LEGAL AND ETHICAL CASES IN CHILD AND FAMILY NURSING
Table of Contents
Case study (1).............................................................................................................................3
Introduction............................................................................................................................3
Analysis of legal and ethical issues in this case.....................................................................3
International, National and state legislative authorities.........................................................3
Actions I will take as a registered nurse.................................................................................3
Providing patient care and family centred care approach......................................................4
Conclusion..............................................................................................................................4
Case study (2).............................................................................................................................5
Introduction............................................................................................................................5
Ethical and legal concern in this case....................................................................................5
Action I will take as a registered nurse..................................................................................6
International, National and State legislative Authorities.......................................................6
Providing patient care and family centred approach..............................................................6
Conclusion..............................................................................................................................6
Case Study (3)............................................................................................................................7
Introduction............................................................................................................................7
Ethical and legal concern in this case....................................................................................7
International, National and State legislative Authorities.......................................................7

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LEGAL AND ETHICAL CASES IN CHILD AND FAMILY NURSING
Action I will take as a registered nurse..................................................................................7
Providing patient care and family centred approach..............................................................8
Conclusion..............................................................................................................................8
References..................................................................................................................................9

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LEGAL AND ETHICAL CASES IN CHILD AND FAMILY NURSING
Case study (1)
Introduction
The new parents David and Julian took their six week old daughter named ‘Mia’ to the
hospital for routine check-up. It was found that Mia missed her first round of immunisation
and her parents even does not want to provide her immunisation because of their
misunderstandings about the concept of immunisation. The health of ‘Mia’ is at high risk.
Analysis of legal and ethical issues in this case
According to the analysis of the case, Mia is neglected by her parents because of their lack of
knowledge and wrong assumption about immunisation. Lack of medical care is observed in
the case of Mia because she even did not receive the first round of immunisation which is
extremely important for her wellbeing. Immunisation protects the humans from many
diseases. In this case Mia’s parents even do not want receiving the vaccinations for her
(Koslap-Petraco, 2019).
Vaccination is essential to protect the children from dangerous and life taking diseases. The
parents of Mia do not agree with the benefits of vaccination and that is why the life of Mia is
at a high level of risk (Koslap-Petraco, 2019).
According to the ‘Early childhood Australia and Australian human right commission’ is
supporting the rights of young children. It includes the rights of safe health which includes
the concept of immunisation (WHO, 2020). ‘The Australian Capital Territory and young
people Act 2008’, also stated about the welfare and care of the children (Commission, 2015).
International, National and state legislative authorities
The APNA (Australian primary health care nurse association), ‘The Australian Capital
Territory and Young people Act’ and ‘Early childhood Australia and Australian human right
commission’ are the governing authorities that can have information on my work as a
registered nurse (Association, 2020).
In international authorities, WHO is also providing guidelines and helps in protecting the
rights of children related to their health and wellbeing (WHO, 2020). UNICEF is also
working to protect the rights of the children (Unicef, 2020).

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LEGAL AND ETHICAL CASES IN CHILD AND FAMILY NURSING
Actions I will take as a registered nurse
As a registered nurse, I will report to the territory authority related to the violation of the
rights of ‘Mia’. I will also report to the health department of the country regarding the risk
that the child ‘Mia’ is facing because of the insufficient knowledge of the parents of the girl
(Nayda, 2005). I will constantly take the follow up from the regional authorities and if I do
not satisfied with their response, I will report to the higher legislative authorities of the
country in order to ensure about the wellbeing of the child (Ahpra, 2020).
Providing patient care and family centred care approach
The patient care approach will be adopted by me in this case. The baby girl ‘Mia’ has to
receive proper vaccination for her sound health conditions. I will try my best to convince her
parents about immunisation and describe the essential features of vaccine to them. If the
family members of the ‘Mia’ will understand about the benefits of vaccination then it will be
very easy for me to take care of the health of girl otherwise I will have to report the
legislative authorities for protecting the health of ‘Mia’ (Nayda, 2005).
Conclusion
Vaccination is extremely important to protect the children from diseases. Mia has to be
vaccinated properly for his sustainable growth in future. Nurse should try their best to protect
the rights of Mia.

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LEGAL AND ETHICAL CASES IN CHILD AND FAMILY NURSING
Case study (2)
Introduction
A fifteen year girl named ‘Taylah’ came to me with her best friend ‘Cass’. She told me that
because of excessive drinking she engaged with a consensual non-protected sexual
intercourse with a male in a part before one month and now she is worried that whether she is
pregnant or not because her periods are missing from two weeks. After check-up it was found
that she is not pregnant but has developed an infection named ‘Chlamydia’. She needs an
antibiotic treatment and she is supposed to tell all her sexual partners that they are also having
the ‘Chlamydia’ infection.
Ethical and legal concern in this case
The health of ‘Taylah’ needs to be protected and she needs an antibiotic treatment in order to
avoid the consequences of the Chlamydia infection. She should inform her parents and her
sexual partners about her infection growth but this is not mandatory for her (Lennings, 2015).
According to Australian Capital Territory Children and Young People Act 2008 stated that
parents are responsible for maintaining and protecting the health of their children
(government, 2020). That is why the parents of ‘Taylah’ have to be informed about the
disease of their daughter in order to provide her a safe environment for receiving the
treatment. For protecting the human rights the concern should be taken from the girl before
providing her any treatment. The Australian Capital Territory Human Rights Act 2004 stated
that every human has rights to get informed about the treatment (Territory, 2017).
In a landmark judgement given in Gillick v West Norfolk and Wisbech Area Health Authority
[1985] UKHL 7, a key test was put forth by the House of Lords and it is famously referred to
as the ‘Gillick competence’. This case highlighted that the parents are only allowed to make
decisions on behalf of young people/ teenagers, (where the person is below 16 years of age),
where the same is in the best interest of the child (Lennings, 2015). In line with the
established case, the present case study where Taylah is only fifteen years old, the same
judgement can be referred. The reason for adopting a UK based ruling in Australian context
stems from the strong approval given by the Australian High Court to this competence test, as
was seen in case of Secretary of the Department of Health and Community Services v JWB

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and SMB (1992) 175 CLR 189, also referred to as the "Marion's Case". Thus, here Taylah’s
parents can only interfere with her decisions where they are in accordance to her best interest
(Lennings, 2015).
Action I will take as a registered nurse
As a responsible nurse, I will inform to the parents of the girl for ensuring about her
wellbeing. I will also convince the girl to inform her sexual partners about the infection so
that they can also get the antibiotic treatment and live a healthy life. It is a kind of ethical
issue (Association, 2020).
However the girl is not bound to tell her partners but she can give their contact numbers to
make them informed about the infection. In these types of ethical issues the patient is treated
on ethical concern, although not any type of legal concern is noticed in this case except the
parents of the girl should not treat her badly because of her unawareness about the disease
and her act (Lennings, 2015).
International, National and State legislative Authorities
WHO, UNICEF and The Australian Capital Territory Children and Young People Act( 2008)
are protecting the rights of young children and adults for maintaining a favourable health
conditions for the future of the patient (WHO, 2020).
Providing patient care and family centred approach
Patient care approach is related to the treatment and complete care of the patient related to
each and every aspect of the life of the patient. In this case, a highly family centred approach
is needed to consult with the parents of the ‘Taylah’ about the problems related to her
physical health (NSW, 2011). The family members of the girl have to understand her position
and help her in overcoming the problem (Commission, 2015).
Conclusion
Taylah should receive proper antibiotic treatment in order to cure the Chlamydia infection.
However, she can-not be forced to involve her parents or other sexual partners in this case.
Nurse should provide her a proper treatment for the safety of her health. Nurse is also
responsible to handle the family of Taylah for providing her a safe and secure environment.

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LEGAL AND ETHICAL CASES IN CHILD AND FAMILY NURSING
Case Study (3)
Introduction
In this case, a six year old boy named ‘Jacob’ described about his family conditions. He is
living with his mother ‘Amy’, her partner ‘Dean’ and his younger brother ‘Jax’. He described
that ‘Dean’ usually came to home after drinking a lot and then argue with his mother. One
day ‘Dean’ pushed his mother to the wall and slapped her for keeping her shut up. However,
he stated that this is the first time he adopted a violent behaviour to his mother but he never
scolded to him. He said that most of the time he is a cool person.
Ethical and legal concern in this case
Jacob is facing a domestic violence and he is at the risk of being beaten by ‘Dean’. According
to the guidelines of Australian Capital Territory Children and Young People Act 2008, the
children and youngsters have to live in a safe environment (government, 2020). If they are
facing a risk of being victim of domestic violence, the legislative authorities need to take
action against the person who is creating the domestic violence (Government, 2016).
The Australian Capital Territory Family Violence Act 2016 stated that domestic violence is a
serious crime and the government may arrest the people who are responsible for domestic
violence (Government, 2016). The ‘Jacob’ is at a serious risk of facing physical violence by
‘Dean’ and moreover he is developing the negative approach towards the life (L Bugeja,
2013). As stated by his teachers he is not interested in attending the class. The ‘Jacob’ is at
the risk of developing psychological disorder because of the domestic violence he is watching
from an early age (L Bugeja, 2013).
International, National and State legislative Authorities
The Australian Capital Territory Family Violence Act 2016 and The Australian Capital
Territory Human Rights Act 2004 are the major legislative authorities of the country which
are responsible to take action against domestic violence (Meyer, 2011).
Action I will take as a registered nurse
As a registered and responsible nurse, I will inform to the state legislative authority about the
happening of domestic violence in the house of ‘Jacob’, I follow up the result of the

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complaint against ‘Dean’ who is the partner of his mother and is the major person who is
creating domestic violence (Meyer, 2011). If I do not get the favourable result, I will
complaint in High court of Australia and ensure about the punishment for ’Dean’. I will try
my best to make a friendly and favourable family environment for ‘Jacob’ and ensure about
his satisfactory growth and development (Government, 2016).
Providing patient care and family centred approach
A patient care approach is highly needed in this case for the safety and security of ‘Jacob’. A
safe living environment is essential for the proper growth and development of ‘Jacob’ (WHO,
2020). An integrative family centred approach is required for the safety of ‘Jacob’. The all
family members of ‘Jacob’ have to be aware about the consequences of domestic violence
which are facing by the boy and his younger brother (Unicef, 2020).
Conclusion
The cases of domestic violence are giving a drastic impact over the psychology of children.
Children have to be protected from watching the domestic violence and the government and
nurses are responsible to take legal action against the person who is responsible for domestic
violence.

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References
Ahpra, N. a. (2020). Guidelines for mandatory notifications. Retrieved February 27, 2020,
from https://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/
Codes-Guidelines/Guidelines-for-mandatory-notifications.aspx
Association, A. P. (2020). What is primary health care nursing? Retrieved February 27,
2020, from https://www.apna.asn.au/profession/what-is-primary-health-care-nursing
Commission, T. A. (2015). Supporting young children’s rights. Retrieved February 27, 2020,
from http://www.earlychildhoodaustralia.org.au/wp-content/uploads/2015/03/
Supporting-young-childrens-rights-statement-of-intent-2015-2018.pdf
government, A. (2020). Children and Young People Act 2008. Retrieved February 28, 2020,
from https://www.legislation.act.gov.au/a/2008-19
Government, A. C. (2016). Family Violence Act 2016. Retrieved February 27, 2020, from
https://www.legislation.act.gov.au/a/2016-42
Koslap-Petraco, M. (2019). Vaccine hesitancy: Not a new phenomenon, but a new threat.
Journal of the American Association of Nurse Practitioners, 31(11), 624-626.
L Bugeja, A. B. (2013). The implementation of domestic violence death reviews in Australia.
Homicide Studies, 17(4), 353-374.
Lennings, N. J. (2015). Forward, Gillick: Are competent children autonomous medical
decision makers? New developments in Australia. Journal of Law and Biosciences,
2(2), 459-468.
Meyer, S. (2011). Seeking Help for Intimate Partner Violence: Victims’ Experiences When
Approaching the Criminal Justice System for IPV-Related Support and Protection in
an Australian Jurisdiction. Feminist Criminology, 6(4), 268-290.
Nayda, R. (2005). Australian nurses and child protection: practices and pitfalls. The
Australian Journal of nursing practice, Scholarship & Research, 12(1), 25-28.
NSW, G. o. (2011). Child and Family Health Nursing Professional Practice Framework
2011–2016. Retrieved February 27, 2020, from

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https://www.health.nsw.gov.au/nursing/projects/Publications/cfhp-framework.pdf
Territory, A. C. (2017). Human Rights Act 2004. Retrieved February 27, 2020, from
https://www.legislation.act.gov.au/View/a/2004-5/current/PDF/2004-5.PDF
Unicef. (2020). Human Rights-based Approach to Programming. Retrieved February 27,
2020, from https://www.unicef.org/policyanalysis/rights/index_62016.html
WHO. (2020). Early child development – Child rights. Retrieved February 27, 2020, from
https://www.who.int/topics/early-child-development/rights/en/