Legal and Ethical Dilemmas in Health and Social Care

Running head: ETHICS AND LAW
ETHICS AND LAW
Name of Student
Name of University
Author Note

1ETHICS AND LAW
Table of Contents
Introduction......................................................................................................................................3
Part 1................................................................................................................................................4
Part 2................................................................................................................................................6
Issue.............................................................................................................................................6
Fact..............................................................................................................................................6
Law..............................................................................................................................................8
Application..................................................................................................................................9
Conclusion.....................................................................................................................................11
Reference.......................................................................................................................................12

2ETHICS AND LAW
Introduction
Law can be defined as the systematic set of rules and regulations applied and imposed
regionally, nationally or internationally to govern actions and behavior of people. Ethics can be
defined as the principles guiding a person or a society to decide and differentiate between good,
bad, right and wrong. Although many identify law and ethics as same there are certain points of
difference between the two. Law can be defined as set of rules and regulations set out by the
government and is been expressed in writing whereas ethics can be defined as the branch of
moral philosophy setting out abstract guidelines governed by individuals or legal and
professional norms. Further difference between the two can be stated as that the violation of law
can result in imprisonment or fine or in some cases both imprisonment and fine while violation
of ethics do not result in any punishment.
Medical ethics can be termed as application of moral standards by healthcare workers
considering the welfare of the patients. There are certain ethical standards and codes of conduct
that are binding towards a healthcare worker. Ethical standards in medical care promote values
of cooperation, social responsibilities, human rights, welfare and safety of the patients and
compliance with law. To consider medical practice as ethical there are certain principles that a
healthcare worker must follow certain principles. The principles include respect of autonomy,
justice, beneficence and non-maleficence. Respect of autonomy means that although a healthcare
professional can suggest or advise for certain procedures but the patient has the right to retain
control over their own body. Any healthcare worker cannot take any action to persuade or coerce
the patient even if the practitioner believes the choice is in the best interest of the patient. The
second principle that is the principle of justice states that all medical decisions should have an

3ETHICS AND LAW
element of fairness. The third principle requires that a healthcare worker must maintain a high
level of skill and knowledge to provide maximum benefit to the patient in each situation. The
principle of non-maleficence requires a medical practitioner to consider whether any decision
made for the benefit of an individual patient would harm other people or the society as a whole.
This report discusses about the legal and ethical dilemmas faced in health and social care
in detail in relation with a case study. Part 1 of the report will focus on all the legal and ethical or
moral issues that can be seen in the case. The part 2 of the report will discuss in detail two of
those issues. The issues that are being chosen for discussion in this assignment are the rejection
of health care funding and direct payments under the Care Act 2014 and the neglect of care of
patient and unprofessional handling of the patient by the nurse and the health care assistant.
Part 1
The main ethical and legal issues and dilemmas present in this case are-
 The patient applied for health care funding and for direct payments under
the Care Act 2014 but both her applications were rejected on the grounds
that her needs were met by her daughters and that she owned a flat,
ignoring the fact that her only source of income is state pension and 6000
pounds worth or savings. This can be termed as a legal issue and it relates
to the legislations of the NHS constitution for England and the Care Act
2014.
 In the hospital although she is aware of everything around her but the
patient has been very sleepy. The daughters of the patient are of the
opinion that the sleepiness of the patient is because of the drugs given to