Health Laws and Ethics Case Study 2022

RUNNING HEAD: HEALTH LAW AND ETHICS
Health law and
Ethics

HEALTH LAWS AND ETHICS
Case Study 1
Introduction
Bedside teaching comprises a large role and provides an important tool for studying medical
schools globally in teaching curriculums. This educational activity is fully supported by
medical learners, trainees and educators. Studies indicate that bedside teaching offers
learning benefits in context, opportunities for role modelling, teaches transferable skills,
enhanced learner motivation, enhanced professional thinking and clinical skills integration,
problem solving ,decision-making and ethical difficulties. This case study deals with laws
relating to refusal of consent by patient to having a student observe.
Case Study
There is evidence, from patient’s perspective, which suggests that they generally have an
affirmative attitude towards being examined by medical students while they are hospitalized
(Buppert, 2017). Even during gynaecology procedures, patients are comfortable with the
presence of medical students. However, in some instances patient does not give their consent
to having a student observe or assist the procedure (Tobiano et al., 2017). The consent
process should take place in an environment where the patient does not feel pressure to give
permission and must take place before the student is engaged in the management of the
patient (Forrester and Griffiths, 2011). Since conditions in the medical condition of the
patient may alter over time, the student should be conscious of the need to obtain approval for
each case of care. The student should know that an ethical consent method offers security not
only to patients, but also to the health practitioners engaged in their care.
The functions set out in the Health Practitioner Regulation National Law, as in force in each
state (national law) is performed by The Nursing and Midwifery Board of Australia (NMBA)
(Pairman et al., 2018). The NMBA regulates the practice of nursing and midwifery in
Australia and is one of its main roles in protecting the public.
Ethical principles:
Medical undergraduates and physicians in training must need to improve patient’s medical
abilities in order to become better physicians, but by this kind of care patient may not be
benefit directly (Berman et al., 2014). An essential aspect of medical education is the
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HEALTH LAWS AND ETHICS
participation of trainees in patient care. While educating physicians is perilous to society, an
ethical predicament results from the reality which, patients are unable to profit from and even
be damaged by physicians in practice and medical students involved in their upkeep (Hodge
and Varndell, 2018).
Some of ethical principles that should be kept in mind while dealing with consent matters are
as follows:
Benevolence:
The concept of benevolence is a range of welfare commitments, going from the negative
obligation not to hurt the beneficial obligation to do well. It has been seen that when learners
take part in their medical care, patient satisfaction does not reduce. Many nurses are prepared
to allow learners to take part in invasive processes and pelvic examinations, suggesting that
the balance of future advantages for themselves and society outweighs the hazards
(Burkhadt and Nathaniel, 2019).
Respect the decision of Individuals:
Many times, it has been seen that patient does not receive adequate information about the
trainee’s roles. Due to which in most of the cases patient refuses to give consent to the
medical student. Therefore, procedures are needed to guarantee patient’s meaningful
permission to participate in medical education. Patients need to be fully acknowledged about
the training status and understanding of all staff taking care of them, and they need to
understand the risk, advantages and substitutes. The closeness of permission to individual
processes is essential and there is inadequate blanket consensus when admitted. When a
patient refuses to give consent then the medical staff and doctors must respect patient’s
decision.
A 44-year old female who was having a gynaecology surgery refused the observant in
Operation theatre. Same situation happened with me during the training phase, wherein in the
context of this situation, our head of surgery restricted all the observant student and nurses
from the theatre due the Human Acts right which states everyone has human rights to
integrity and liberty of thought. As per morals, doctors should trail procedures founded on
decree and circumstance law, document what the government permits and act as titleholders
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HEALTH LAWS AND ETHICS
for enduring requirements where there is a situation of further allowance. Therefore, in this
situation, our head followed the ethics and restricted students and observers from the
operation theatre.
Conclusion
From the above it can be concluded that in the healthcare industry, seeking approval is
crucial. It is essential that all healthcare practitioners at all times realize the significance of
following the procedure as otherwise legal consequence may arise. Respect should be at the
core of every choice made on behalf of both patient and professional. Consent improves the
ability of nurses to make informed choices about their situation and treatment and brings in
place safeguards that should lead to the best course of action for both the practitioners and the
patient concerned. Thus, it necessary to obtain consent of patient and in case they refuse the
participation of medical student then there decision must be respected.
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