Health Law and Ethics: Legal Requirements and Implications for Health Facilities

This article discusses the legal requirements and implications of health law and ethics for nurses, midwives, and education providers. It covers topics such as professional conduct, ethical issues, duty of law, and implications for health facilities. The article includes three case studies that illustrate the importance of following ethical guidelines and professional conduct in the healthcare industry.

Running head: HEALTH LAW AND ETHICS
Health Law and Ethics
Name of the Student
Name of the University
Author note

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CASE STUDY 1
1. Legal requirements
The professional code of conduct mandates how a person is supposed to conduct
himself/herself in a professional and ethical capacity. The Code of Professional Conduct for
Nurses in Australia along with the Code of Ethics for Nurses in Australia gives the
framework for conducting professional behavior and act in their sphere of expertise with
proper ethics. The above-mentioned legislations guide the conduct of a varied range of
professionals- nurses, nursing students and it is their duty to act with concern and care and
uphold the principles of their professional ethics (Schmidt, MacWilliams and Neal Boylan
2017). Nurses are expected to act in accordance with the proposed legislations and
regulations and they have to maintain the community’s trust that is laid down on them. The
nurses are responsible for the well-being of their patients and therefore they have to act with
proper care and concern.
In this present case, a nurse is seen to be behaving badly with her patient and using
expletive, which was witnessed by another nurse and student creating a long impact on them.
The nurse is seen to be indulging in a heated behavior and slapping the patient. The nurse is
expected to conduct herself in a compassionate manner, which she violates and therefore she
has acted contrary to the laid principles that are expected of a nurse/midwife. The ethical
issues that are associated with this scenario is that the nurse must have been more concerned
about the student and should not have made him go through the torture. The student who has
been treated badly suffers trauma and therefore it can be said that the nurse has acted in
violation of her ethical duties (Kangasniemi, Pakkanen and Korhonen 2015).

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2. Implications for health facility
The code of Professional Conduct for Nurses gives a brief framework that is aligned
with the standards and competence that are expected of a nurse or an education provider. The
presumption of the Code is that they will act in the best interests of the patients that are under
them. The legislation is significant for nursing profession as it will maintain the ethics among
individuals. In the present case, the nurse was expected to conduct herself keeping in mind
the best interest of the patient and should not have behaved in a way to cause harm and
trauma. The implications of the code is to ensure that there is no professional misconduct and
that the behavior is not such to demean someone (Carr 2016). If duty of law is applied in this
scenario, then the nurses are bound to carry out their designated duties. On the other hand, the
purpose of apology laws is to prevent particular statements from being admissible lawsuit.
The nurse has displayed unprofessional misconduct as she has slapped the patient inflicting
pain and trauma.
3. Reflection
Living in a hostel, I had to be taken to a hospital where I saw a heated discussion
break out where the patient was verbally abused by a drunken nurse. The nurse erred in her
behavior but the patient was too scared to complain to the higher authorities. Having seen the
outbreak in front of my eyes, I decided to file a complaint against the nurse so that such
behavior is not repeated in the near future. Similarly, in this case, the patient was too
traumatized to complain but I believe, the nurse who has witnessed such unprofessional
behavior should help the patient and her strength to complain against the nurse as it is not
morally and ethically permissible to physically assault an ailing patient. In my opinion, a
similar situation was observed in the case of Dewan v Medical Board of Australia [2012]
VCAT 1840.

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CASE STUDY 2
1. Legal requirements
In this particular scenario, the Code of ethics for Nurses in Australia is applicable as
being nurses, certain ethical rules and regulations must be followed. The related framework
states that the nurses should abide by the ethics and must perform their activities in a
professional manner (Carroll, To and Unger 2015). As per the legal requirements, it has been
observed that every professional, nurse in such scenario must conduct in such manner that is
appropriate during their time of duty. It can therefore be stated that nurses are bound to
follow the rules and carry out their duties accordingly.
In the present scenario, it has been observed that a newly registered midwife/nurse
have been on alcohol and the next day she had gone to work in that condition. Being a nurse,
she should not have attended her duty on that condition. The legal requirements state that it is
their duty to take care of other individuals and hence they should be in their best manner
while performing their job. A drunk nurse cannot handle patients with care and therefore, it
will be considered to be unethical (Van Dijck 2017). The principles that have been laid down
are related to the ethical issues that must be followed by the nurses since their duty is to take
care of individuals who are ill.
2. Implications for health facility
The legislation or the Code of Professional Ethics state that nurses cannot be
associated with unethical issues at their workplace. This is because their job is to take care of
others and hence they have to be sober and in their senses (Kangasniemi, Pakkanen and
Korhonen 2015). In the present situation, it has been observed that being a newly registered
nurse, she cannot be on alcohol for a period more that 48 hours and go to work in that
condition. This is a purely unethical gesture on the part of a nurse as being drunk while

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performing her duty is illegal as well. The implications of the code is to make sure that no
unethical issues or misconduct must take place in their workplace. Duty of law must be
followed as being a nurse; she should not have consumed alcohol and performed her
activities thereafter (Johnstone 2016). Hence, apology laws must be applied in such a case as
the nurse was at fault while dealing with the patients. As per the employers policies, nurses
must follow the given policies and rules while carrying out their duties.
3. Reflection
I had to share my flat with a newly registered nurse/midwife who had behavioral
issues, since she was on alcohol for 2 days. While being drunk, she had gone for a drive and I
had to pick her up from the police station. Being a nurse, she should have known her
responsibilities and duties. However, I was threatened to not report this incident to the NUM
as according to her she did not hurt anyone when she was drunk. It was very unhygienic for
me to share the flat with an individual who was on alcohol for 2 days and accompanied me to
work the next day by stinking of alcohol. Therefore, it was also established in the case of
DRP v Medical Board of Victoria [2012] VCAT 1904.
CASE STUDY 3
1. Legal requirements
The Code of Professional Ethics or the legislation state that the education providers as
well as the students have a few duties and responsibilities while carrying out their activities.
Employees must therefore be loyal towards their employers and institution they are working
for as per the employer’s policies. Patients also have a level of faith towards the doctors and
the institution (Hodgson 2017). There are legal issues that must be followed by all the

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individuals associated with it. The valuables of a patient are the responsibility of the hospitals
or the doctors. In the present scenario, the student had lost one of the belongings of the
patient and blamed the education provider.
2. Implications for health facility
The framework of ethics state that there are policies that must be followed and hence
the duties must be carried out in a professional manner. The implications of the code discuss
the process of how every individual must carry out their activities professionally and
ethically. The present scenario stated that the belongings of the patient were kept in the
drawer and it was hence the responsibility of the student. However, the necklace was
misplaced when the student went to get it. The student therefore, blamed the RM but it is him
who will be held liable for such an activity. It was his duty that he should have carried out
ethically.
3. Reflection
I have facilitated the students based on the rural facilities that they must use while
taking the patients to the theatre. The ethical ways of dealing with the patients and how they
should be treated. However, it is the responsibility of every individual to carry out his or her
duties in a professional and ethical manner. Thus, the student did not perform his tasks
accordingly and misplaced one of the belongings of the student. I cannot be held liable as it is
ethically wrong since it was not my responsibility to look after the belonging.

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References:
Carr, D., 2016. Virtue, character and emotion in people professions: towards a virtue ethics of
interpersonal professional conduct. In Towards Professional Wisdom (pp. 113-126).
Routledge.
Carroll, R., To, C. and Unger, M., 2015. Apology Legislation and its Implications for
International Dispute Resolution. Disp. Resol. Int'l, 9, p.115.
Hodgson, D., 2017. Individual duty within a human rights discourse. Routledge.
Johnstone, M.J., 2016. Key milestones in the operationalisation of professional nursing ethics
in Australia: a brief historical overview. Australian Journal of Advanced Nursing, The, 33(4),
p.35.
Kangasniemi, M., Pakkanen, P. and Korhonen, A., 2015. Professional ethics in nursing: an
integrative review. Journal of advanced nursing, 71(8), pp.1744-1757.
Kangasniemi, M., Pakkanen, P. and Korhonen, A., 2015. Professional ethics in nursing: an
integrative review. Journal of advanced nursing, 71(8), pp.1744-1757.
LeMone, P., Burke, K., Dwyer, T., Levett-Jones, T., Moxham, L. and Reid-Searl, K.,
2015. Medical-surgical nursing. Pearson Higher Education AU.
Scanlon, A., Cashin, A., Bryce, J., Kelly, J.G. and Buckely, T., 2016. The complexities of
defining nurse practitioner scope of practice in the Australian context. Collegian, 23(1),
pp.129-142.
Schmidt, B.J., MacWilliams, B.R. and Neal-Boylan, L., 2017. Becoming inclusive: a code of
conduct for inclusion and diversity. Journal of Professional Nursing, 33(2), pp.102-107.

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Van Dijck, G., 2017. The Ordered Apology. Oxford Journal of Legal Studies, 37(3), pp.562-
587.