An Aspect of The Law

This essay examines the legal framework surrounding nursing practice in the UK, focusing on the Mental Capacity Act 2005 and the Human Rights Act. It explores the importance of informed consent, the role of nurses in obtaining valid consent, and the challenges they face when dealing with patients lacking mental capacity. The essay also highlights the ethical considerations involved in decision-making for patients who cannot consent for themselves.

An Aspect of The law

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
1. Aspects of law applicable .......................................................................................................1
2. Role of Nurses in context of law.............................................................................................2
3. Difficult decision to be made and Issues raised for Nursing.................................................3
CONCLUSION................................................................................................................................3
REFERENCES................................................................................................................................4

INTRODUCTION
Nurses are integral part of the health care sectors as they are the one who indulge in
providing care and support services along with the doctors. There are different aspects of law
which affect the making and role of the nurses defining the duties and responsibilities towards
patients. In the present reports two acts that is mental act and human rights' act are discussed.
Both the laws are essential and defines the rights of patient and roles and duties nurses must
abide with. Along with this various aspects of these two laws is presented which effects the
decision of the nurses, specifically in context of consent from the patients.
MAIN BODY
1. Aspects of law applicable
Mental Capacity Act, 2005:
Consent: it means to take approval from a person and in context of nurses can be defined
as taking prior approval from the patients in relation to the treatment they are willing to take
from a hospital or clinic (Marrone, 2016). The validity of consent is set as it must be informed
and voluntary and person consenting must have capacity to make decision.
Valid informed consent: Legally it means that he patient, his or her family or surrogates
ate informed about the risk, benefits and alternatives to a treatment (Informed consent,2018). As
per the Nursing and Midwifery council's code (NMC), nurses have a legal duty to ensure that
they obtain informed consents from patient before carrying out any intervention or treatment.
Mental capacity and Rights of a person to accept or reject treatments: Principles
underpinned the UK mental health and capacity legislation defines capacity to make decision as,
adults are presumed to have an ability about the decision whether to agree or to refuse any aspect
their care, supports or treatment. A person is said to lacks mental capacity when there is
impairment or disturbance in the functioning of mind or brain of the individual.
The consent can be in different form:
Verbal: this is in from of dialogues and not written on parers and signed by the patient.
In general this is as valid as written consent and is generally in oral approval to carry on with
care, investigation or treatment.
Non verbal: the consequent can be non verbal as well, this is generally in form of
gestures which is given by patient after they are provided with full and valid information.
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Written: This is taken in from of consent forms which are evidences that informed and
valid consent has been obtained with providing the person full information. In case it is not
made voluntarily, with insufficient information and lacks mental capacity a signature on the form
will not make the consent valid.
Consent from different types of patients:
Unconscious patient – As per the provision of this act, if a person lacks mental capacity
to make a specific decision for such cases proxy decision is taken by the relatives on the behalf
of the person lacking the capacity to take decision. In absence of the proxy decision maker the
decision taken by the nurses or hospital must in the best interest of the patient.
Language barriers: this can be defined as the Person who can not communicate verbally
such as deaf and dumb people. For such cases non verbal communication in present of witness
from the clinical background is taken and for that purpose (Language Barriers, Informed
Consent, 2018). Records are kept by the nurses in order to show the fact the consent from such a
person in validly informed.
Human rights by NHS:
The nurses as per the human right defined by NHS have an obligation to safeguard and
actively promote the health and care rights of people at all places every time (MacArthur and
et.al., 2015). This includes assurance of providing adequate care services with available
resources in the nursing ethical limits. Nurses are accountable for their actions and are bound to
safeguard the human rights. More over all the nurses in UK have a right to practice according to
nursing legislation of the nation.
2. Role of Nurses in context of law
Nurses are legally responsible for their actions. There are legal standards of care which
are essential regarding nursing practitioners. Nurses are responsible in the hospitals and clinic to
take consent for health care treatments (Dyer, 2015). As per the regulations of NMC, nurses must
balance the needs to act in the best interest of all the patients at all time in context of right of a
person to accept or refuse treatment. Ensure the informed consent is taken and document the
same. This is well informed that just taking a sign on consent form is far different from the
concept of informed consent from the patients.
Advocacy power of attorney: The nurses are responsible to check the autonomy of the
patient, comprehensiveness and their self determination. The nurse empowered with
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comprehensive understanding of informed consent serve advocacy role with the running risk in
the profession.
3. Difficult decision to be made and Issues raised for Nursing
Generally nurses are faced with difficulty in decision making relevant with ethical
consideration. The decisions are related with life and death decision providing care to
individual, families and communities. The ethical concepts is related with personal, societal,
cultural, professional and ethical principles. The issues are faced when a patient do not posses
mental capacity to makes an informed consent here the nurses are faced with a problem to take
decision on behalf of patients in case of absence of proxy decision maker.
CONCLUSION
The finding of above report can be summarized as two of the major laws applicable to
nursing practitioners in UK are Human right and Mental capacity act. The former act defines
obligation, duties and rights of nurses to ensure health and care of people of nation and are
obliged to works in accordance of legislation and regulations made in this regard. The mental
capacity act defined duty of the nurses to take informed consent from the patients before staring
care, investigation for treatment. The patients must be given adequate information related with
risk, benefits and alternatives related with the further medical process.
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REFERENCES
Books and Journals
Dyer, L., 2015. A Review of the Impact of the Human Rights in Healthcare Programme in
England and Wales. Health & Human Rights: An International Journal. 17(2).
MacArthur, J and et.al., 2015. Making reasonable and achievable adjustments: the contributions
of learning disability liaison nurses in ‘Getting it right’for people with learning disabilities
receiving general hospitals care. Journal of advanced nursing. 71(7). pp.1552-1563.
Marrone, S. R., 2016. Informed consent examined within the context of culturally congruent
care: An interprofessional perspective. Journal of Transcultural Nursing. 27(4). pp.342-
348.
Online
Informed consent. 2018. [Online]. Available through
:<https://www.nursingtimes.net/roles/nurse-educators/informed-consent-1-legal-basis-and-
implications-for-practice/7024574.article>.
Language Barriers, Informed Consent. 2018. [Online]. Available through
:<https://link.springer.com/article/10.1007/s11606-017-4068-0>.
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