Legal and Ethical Considerations in a Case Study

This essay discusses the legal and ethical considerations in a case study involving a 14-year-old girl seeking advice on sex and contraception. It explores the principles of autonomy, non-maleficence, beneficence, and justice in healthcare practice.

Running head: ASSESSMENT TASK 3 ESSAY 1
Assessment Task 3 Essay
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Number of words: 2024

ASSESSMENT TASK 3 ESSAY 2
Assessment Task 3 Essay
Introduction
The case study provided involves a 14-year-old, Taylah. She visited the clinic to get advice regarding sex
and contraception. She was referred to the clinic by her school nurse. Taylah stays with her mother in
NSW and her stepfather, John. The client has diabetes and explains that she is no comfortable with the
dietary pattern that she was given. She also reports that her mother is strict and often restricts her life
choices. She explains that she is sexually active and has had sexual contacts on numerous occasions
including with random boys while at a party. Taylah informs the nurse not to discuss what they talked
about in the interview with her mother. Based on the discussion that the nurse had with Taylah, there are a
number of legal and ethical issues that are involved. These include autonomy, justice, beneficence, and
non-maleficence. These ethical principles guide the decisions of physicians (Bjorklund & Lund, 2019).
Some of the ethical principles that govern the medical field have been in use for centuries. Hippocrates,
for instance, ordered health providers “to help and do no harm” during the 4th century.
Ethical guides regarding respecting the autonomy of a person and promoting justice have been applied
since the creation of societies in the early times. In 1979 however, Tom Beauchamp and James Childress
provided an ethical framework that guides physicians when faced with ethical dilemmas (Beauchamp,
2016). They published a book called Principles of Biomedical Ethics, which promotes the application of
principlism in a bid to deal with ethical issues arising in clinical medicine. The Belmont report in the
same year came up with three principles; respect for persons, beneficence, and justice as the guiding
factors in research (Fisher, 2011). The purpose of this essay is to discuss the relevant legal and ethical
considerations presented in the provided case scenario and explain how Beauchamp and Childress’ Four
main ethical principles apply to the case study.
I. Respect for Autonomy
One of the ethical issues that are evident in the provided case scenario is confidentiality and respect for
the views and beliefs of clients. The client in the case study is a minor, aged 14. In such a scenario, the
rules and regulations in Victoria regarding the treatment of minors requires physicians to keep
confidential all the information shared by a patient (“Health Practitioner Regulation National Law
(Victoria) Act.” 2009). A physician is however obligated to report to a parent or guardian in the case that
the minor is in danger or plans to harm others (Lindberg et al., 2014). The physician in the case study has
effectively aligned with this rule in her treatment plan. She informs Taylah that she is free to share any
information that she has. She explains to her that the questions that she would ask would be personal and

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she is free not to answer some of the questions that she is not comfortable to ask. “….some you might
wish to answer, that’s fine” (Assessment Three Case Study Video). By informing her about this, it
assures Taylah that her choices would be respected. The other ethical issue in the case study is consent.
The physician seeks consent from the client before beginning her treatment process. After explaining to
her the details of the treatment process, she seeks approval. The physician asks “……is that okay with
you.” (Assessment Three Case Study Video). By asking her this question, it shows that the physician
understands that Taylah knows she can choose not to take part in the treatment process. She offers her a
chance to agree to the treatment procedure to be used.
According to the principle of respect for autonomy, patients have a right to make own informed decisions
regarding their health. Patients should be given autonomy of action, thought and intention as they make
decisions regarding their health. As a physician, therefore, one should only offer advice and suggestions
to a patient and let them make their own decisions (Magill, 2015). Cases where physicians try to coerce
their patients to make certain decisions amount to a violation of this ethical framework. The physician in
the provided case study exhibited respect for the autonomy of the client by respecting her wishes. This is
evident when the physician asked Taylah about the drugs that she has abused. Before answering that
question, Taylah asks her not to inform her mother. The physician assures her that whatever they are
discussing would not be shared with any other person. She further informs her that she could, however,
discuss what they talked about with her mother (Assessment Three Case Study Video). By doing, this it
shows that the physician supports the decisions taken by Taylah. Beauchamp and Childress in their study
indicated that respect for autonomy does not involve just waiting for a client to give consent (Beauchamp
& Childress, 2013). They explain that it involves providing clients with information that would enable
them to be free at any circumstance.
II. The Principle of Non-maleficence
This principle follows the Hippocratic Oath which urges health providers to always ensure that they do no
harm to their clients. This is a quite complex ethical framework given that in some cases, physicians are
faced with scenarios where harm is inevitable. Beauchamp and Childress (2013) explain that in such
circumstances, a physician would be morally bound to select the option that offers less harm. They
continue to explain that the lesser harm would be determined based on the prevailing circumstances. For
instance, many clients would accept to experience some form of pain in the event that the medical
procedure would result in prolonged life. In other scenarios however such as when a patient might be
dying as a result of intestinal carcinoma, a client might prefer to forego CPR if cardiac arrest occurs or

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choose to sacrifice on other life-sustaining procedures like dialysis (Preshaw et al., 2016). It is only the
patient who has a right to determine what the greater or lesser harm is in any scenario.
From the case study provided, the physician aligned her care process to this principle. She ensured that no
harm befalls her client. She followed the rule and regulations that govern healthcare in Victoria. One of
the regulation is that a physician should not injure or harm a patient intentionally (“Health Practitioner
Regulation National Law (Victoria) Act.” 2009). This could be as a result of commission or omission.
First, the physician does not judge Taylah based on her behavior. Taylah informs her about some of the
behaviors that she engages herself. These include smoking cigarettes, use of alcohol and engaging in
unhealthy sexual behaviors (Assessment Three Case Study Video). The physician did not scold her or
threaten to tell her mother about what she had just reported. She, in fact, makes her feel comfortable by
telling her that she too once engaged in smoking while she was young. The physician understands that the
client faces issues with self-esteem and body image. Some of the acts that she engages in therefore could
be triggered by this issue. She goes ahead to educate the client about the importance of having genuine
friends. She tells her”…it’s really important to have friends who will stick by you and stand up for you”
(Assessment Three Case Study Video). The choice of questions that the physician uses are also friendly.
While the use of alcohol and smoking is associated with poor health outcomes, the physician did not
make the client feel bad. This helps promotes effective nurse-patient relationship and enhance
cooperation.
III. The Principle of Beneficence
This ethical framework necessitates physicians to always act with the interest of their clients in mind. As
a result, every physician should ensure that they do all they can to offer benefits to their patients in every
circumstance. They should ensure that all the treatments that they offer and the procedures that they
recommend to there are intended to offer the most good to their clients. One of the approaches that
medical practitioners can apply to ensure beneficence is through the creation and maintenance of high
skill levels and knowledge (Balan et al., 2016). The rules and regulations governing the conduct of health
providers in Victoria prohibit the employment of unlicensed physicians. For a physician to be licensed,
they have to complete the required education levels and exhibit a high level of competency (“Health
Practitioner Regulation National Law (Victoria) Act.” 2009). The physician in the case study exhibits
high levels of competence. First, when the client enters the clinic, she creates a rapport with her by
commenting about the weather. “Beautiful weather we are having outside. Do you like summer?”
(Assessment Three Case Study Video). This not only eases tension from the client but also helps her to
feel free.

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Different patients are faced with diverse circumstances. The reasons why a client might act in a particular
way is greatly influenced by the circumstances that she is in. The physician in the case study understands
some of the behaviors such as engaging in reckless sexual acts by the client could be as a result of her
self-esteem issues. She could be seeking validation from other people. The principle of beneficence
entails going beyond the standard measures that have been set. In a medical context, these principles go
beyond the set rules of not treating patients badly but also encompasses ensuring that patients are treated
well (Beauchamp & Childress, 2013). The physician in the case study effectively applied the principle of
beneficence. She exhibited an act of kindness to the patient. This is evident from the first part of the
video. The physician opened the door for the client, welcomed her and offered a seat. This is an act
beyond the required act of nurses.
She was also empathetic to the client based on the issues that she is facing. She showed concern when she
realized that the patient might not be in good terms with her mother. She asks her “……are you
comfortable at home?” (Assessment Three Case Study Video). She is concerned about the safety of her
patient. The physician also showed compassion to the patient by constantly making sure that she does not
feel bad about herself. She did not act in an insensitive way despite some of the information that the client
shared. When the client reported that she has engaged in sexual acts with two random boys during a party,
I expected the physician to be shocked. She, however, acted in a sensitive manner.
IV. The Principle of Justice
In healthcare unit, justice is defined as a form of being fair. This follows the words of Aristotle that each
person should be given their dues. In this case, therefore, every patient should be treated in the same
manner. One of the provisions in the healthcare regulations in Victoria is an equitable distribution of
resources (“Health Practitioner Regulation National Law (Victoria) Act.” 2009). While the principle of
justice is not a major aspect in the provided case study, there are a number of instances where the
physician exhibited this ethical guide. At the beginning of the treatment process, the physician explains to
the patient the procedure that would be used. She explains to her that in order to treat her, she will first
ask her some questions in order to understand the underlying issues to her condition (Assessment Three
Case Study Video). She explains to her that the questions that she will ask her are what she asks any other
patient and not just her. This is a clear indication that the client is not subjected to unjust treatment
procedures. Beauchamp and Childress argue that the principle of justice necessitates health providers to
uphold the spirit of current regulations and promote equality among all the players (Mitchell, 2014). The
approach that the physician in the case study followed aligns with ethical guidelines in Victoria.

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Conclusion
Provision of healthcare services continues to be a complex process given the diversity in cultural beliefs,
religious values and perception on different treatment options. As a health provider, therefore, one is
bound to experience numerous ethical dilemmas while treating their patients. Addressing such scenarios
with ease has been enhanced by the development of ethical principles. The four major ethical principles
by Beauchamp and Childress are beneficence, respect for autonomy, non-maleficence, and justice
(Pozgar, 2019). This paper has discussed the legal and ethical considerations that are relevant in the
provided case study. Some of the ethical issues that were relevant in the video include respect for the
views and beliefs of patients, privacy and confidentiality, seeking consent, and education of the patient
about the treatment process. The rules and regulations associated with legal and ethical decision making
discussed in this paper are applicable in Victoria. The essay has explained how the physician acted in
accordance with the ethical principles governing healthcare practice. This is evident in the approach that
she used to treat Taylah.

ASSESSMENT TASK 3 ESSAY 7
References
“Health Practitioner Regulation National Law (Victoria) Act.” (2009). retrieved from:
http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/
f932b66241ecf1b7ca256e92000e23be/02566FDB9453A0CECA25768600149A94/$FILE/09-
079a.pdf
Assessment Three Case Study Video. Retrieved from:
https://moodle.federation.edu.au/mod/page/view.php?id=3247531
Balan, G. G., Trifan, A., Savin, C., Balan, A., & Gologan, E. (2016). Beneficence and Behavior Control:
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Fisher, C. B. (2011). Addiction research ethics and the Belmont principles: Do drug users have a different
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Magill, G. (2015). Hippocratic, Religious, and Secular Medical Ethics: The Points of Conflict. By Robert
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Mitchell, L. A. (2014). Major changes in Principles of Biomedical Ethics: A review of seven editions of
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Pozgar, G. D. (2019). Legal and ethical issues for health professionals. Jones & Bartlett Learning.
Preshaw, D. H., Brazil, K., McLaughlin, D., & Frolic, A. (2016). Ethical issues experienced by healthcare
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