Ethical and legal issues in nursing
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Added on 2021-05-27
Ethical and legal issues in nursing
Added on 2021-05-27
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Running head: NURSING 1NursingNameInstitution
NURSING 2NURSINGIntroduction This paper discusses the ethical and legal issues that affect the performance of thehospital environment. The legal issue is a legal question that acts as the base of a case. It needsthe decision of the court (Hardicre, 2014). The outcome of the legal issue depends on theinterpretation of the Law by the court. Ethical issues are a situation or problem that requiresorganization or a person to have a selection of alternatives which must be assessed as wrong(unethical) or right (ethical). The main purpose of the ethical issues is to ensure that thetreatment of the patients is directed according to the desire of the patients. The paper is dividedinto two parts (Furyk, Lawton, Ting & Taylor, 2017). The first part discusses the legal issues inwhich it covers the following areas: elements of consent, the legal consequences of the healthprofessions, refusal, Rationale for consent, Legal choices for consent, and factors of a life-sustaining decision. Consent is the ability of any person of sound mind to decide what shouldhappen to their body (Williams, Carter & Rychetnik, 2017). The second part discusses the ethicalissue in which the paper tackled the following issues; principles of the Bioethics and HumanRights, values of the stakeholders and the application of the model to solve the conflict.There are many legal issues that affect the activities of the hospital. Among the legalissues is the consent. It is the ability of any person especially the patients to decide what shouldhappen to their body. A valid consent is made up of different elements. The first element is theCapacity, this element state that an adult person is assumed to possess the capacity to refuse orconsent to medical treatment until and unless that presumption is refuted. Rose needs to be madeto understand the effect and nature of the decision, as well as demonstrating his understanding
NURSING 3through communication in some way, such as by way of orally or writing (Brosnan & Flynn,2017). The second element is the Voluntariness, this element state that the decision must bemade without restrictions by those who are sick in reply to an understanding of options that areavailable for treatment. Treating family members and health professionals may help the patientlike I this case Ross to developed required decision (Grady, 2015). The third element is Informedconsent; the patient who is Ross must be informed of any decision that is being made by thehealth professionals. Rose should be advised of recommended treatment, and the diagnosisbefore the performance of surgery or any treatment (Mahmood, 2016). Lastly, the consent coversthe act in question to be performed; the treatment being provided must be within the specificconsent needed by the patient. In particular situations, the consent can also cover futureunforeseen treatment, for example, emergency (Gainotti et.al, 2016). When the healthprofessional fails to follow the consent then they will have to suffer civil liability. Healthprofessional who applies any kind of force to Patients, either indirectly or directly, without theconsent of the patient will be said to have assaulted the patient and the act is termed as an assault. Paramedics have the authority of treating Ross after the Refusal. This is because a personwho voluntarily admitted to the hospital and shows no strange risk of danger to his/her life, havethe right to refuse any form of treatment by leaving the hospital. But an individual, who entersinvoluntarily, because of injury to others or self, has no right of leaving the hospital. However,the professional Doctors have no right of attending to the patient against her or his will, unlessallowed by the court order. The case of Rose is an exception because he has a severe mentalillness caused by traumatic brain damage with bruising and bleeding. The injury may make himlacks the ability to consent to hospital treatment of his mental health. The exception can also
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