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Introduction Comment 1: The aim of this assignment is to evaluate the importance of the ethical and legal factors in the nursing care delivery procedure. Ethical consideration and the decision making regarding the health improvement of the patient is required with higher priority. However, the aspect of the ethical consideration is dependent on the decision and willingness of the patient and the nurse should follow the nursing standards and also the legal and ethical factors to maintain the quality of care and also provide safe care to the patient as well. Hence, it can be stated that the process of the ethics maintenance in the health care sector is very much important. On the other hand, nursing ethics encompasses four main factors such as autonomy, beneficence, non-maleficence and justice. Along with all these the nurse should also follow the confidentiality of the patient. Thus, based on the given scenario the assignment will focus on the ethics maintenance and the ethical dilemma in the nursing care process. Comment 3: Legal factors are the theoretical and regulatory framework that effectively advocates the quality, efficacy and also the feasibility of the care procedure (Kumar, 2017). The decision making and following the ethical principal with the clinical regulations are the factors that has been advocated by the health care laws. Thus, maintaining all the aspects and the legislation in the nursing care delivery is very much important. The legislative structure and the regulations are needed to be considered with higher priority as these are important in the process of the care delivery to the patients (Livanos, 2019).
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Portfolio Entry 1 LE1 Vignette or Scenario Situation Comment 4: Based on the Personal Data Protection Commission (PDPA) (2018), patients’ identity have been removed to ensure patient anonymity(Pdpc.gov.sg, 2020). Comment 6: Mr. S was very firm and insisted to keep his condition details confidential and strongly insisted not to reveal his conditions to his family and colleagues since he was recently married and successful in his career. Comment 7: From this scenario a few ethical issues are identified as well as some legal aspects. Comment 8: Situation of Mr. S as per the scenario is complex. It has been seen that Mr. S is not willing to let his family, friends and colleagues to be aware about his medical condition. However, it can be found that the patient is affected with severe medical condition and need help in different aspects of life style. Mr. S is living alone in Singapore and his medical issue is worsening his health which would hamper his occupation and subsequently his financial status as well. Thus, as per his request of not disclosing the situation to his family or other people would lead to an ethical issue that can be termed as the ethical dilemma for the nurse. It can be stated that the person is living alone and if he needs any help in terms of physical, metal or financial condition he will not be provided with any help. Thus, the situation for the patient can lead to a negative situation. Hence, the nurse should inform his family and colleagues for the beneficence maintenance.
However, as per the autonomy and the confidentiality factor of the patient the nurse cannot inform the family members or other people of the patient without his consent. Thus, this situation develops an ethical dilemma which develops the situation of either considering beneficence or autonomy and confidentiality. Comment 9: Moreover, the scenario leads to the section of the legislative framework maintenance as well. It has been seen that the person is focusing on the confidentiality of the health data with higher priority. Thus, the nurse should respect the choice of the patient as the patient has the freedom to decide on his own as per the Human Rights Act (Sakurai, 2018). Thus, the nurse should consider the ethical factor along with the legislative framework in order to maintain the quality of care and also improving the health outcome of the patient. Autonomy Comment 11: To help the patient to decide on their own, based on the given information and to respect patient’s self-esteem; respect for patient autonomy entails health care team and patient’s family to follow the patient’s decision even when the health care team and the patient’s family cannot agree with the decision made by the patient. Comment 12, 13 and 14: Thus, disclosing the Mr. S’s medical condition to his family and employer in the present situation provides more and greater benefits to Mr. S as he has all the rights to live happy and healthy. Revealing his medical condition to the family and employer can help Mr. S to get proper physical, moral and financial support and thus, it will lead to the maintenance of the beneficence
of the patient. However, as per the nursing code of conduct regarding the ethical decision making it has been seen that autonomy is the primary ethical consideration which should be maintained over all other factors (Aydin & Ersoy, 2017). Thus, in this scenario the patient should be provided with the respect and dignity maintenance in terms of the autonomy maintenance. Despite of not being able to maintain the beneficence of the patient the nurse should consider the autonomy and the confidentiality of the patient over all other aspects. Moreover, the confidentiality of the patient is also considered as this is an ethical and legal aspect (Mendelson & Wolf, 2017). As per the Data Protection Act without the permission of the patient the nurse cannot disclose the data to the family members of the patient or the employer(Pdpc.gov.sg, 2020). If it would take place then it would be marked as the data breaching based on the Data Protection Act. Moreover, the SNB code of conducts must be protected in this case scenario as the nurse is responsible for the care of the patient with the consent of the patient rather than own decision(Healthprofessionals.gov.sg, 2020). Hence, the nurse can help the patient to decide about the confidentiality he wants to keep. However, the nurse cannot take any decision and disclose the data without the permission of the patient. Based on the SNB code of conducts the nurse should follow all the possible factors that can improve the health of the patient (Healthprofessionals.gov.sg, 2020). However, autonomy of the patient should be considered with highest priority. Non-maleficence Comment 15 and 16: It can be stated that the confidentiality of the patient is one of the most important factors in terms of ethical and legal consideration of the nursing care (Halpern, McKinnon, Okolo, Sanzio & Dolan, 2016). Hence, the nurse should not breach the data and disclose it to the family members
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and the employer of the patient without the permission of the patient. It may affect the beneficence of the patient as the patient lives alone and his medical situation will lead to need of the physical, financial and mental support. However, the nurse should focus on the therapeutic relationship development with the patient as the nursing code of conduct and protect the data of the patient as per the request of the patient (Loke & Lee, 2020). On the other hand, it would also effectively consider the autonomy and the confidentiality of the patient which will be focusing on reducing the negative mental factors for the patient and developing a healthy professional relationship for providing mental and physical support to the patient (Falcó-Pegueroles et al., 2016). Thus, this factor will lead to the development of the non-maleficence ethical consideration. The process of the non-maleficence focuses on the doing no harm to the patient and the nurse is not harming the health of the patient and also develops trust which would help the patient to stabilise. Thus, considering autonomy would lead to the maintenance of non- maleficence as well. Beneficence Comment 17 and 18: Beneficence is the ethical consideration which focuses on always improving the health situation of the patient without considering any other aspect (Lluch-Canut et al., 2020). Hence, it can be found that Mr. S is not in good health condition and he lives alone. Thus, he would be needing help in terms of physical, mental and financial context. Hence, as per the beneficence the nurse should inform the family members and the employer of the patient as this will help him recover and obtaining support in a proper way. However, the patient does not want to reveal the health care data and the negative situation to the family and the employer altogether. Thus, the disclosing all these factors to the family members and the employer would hamper the autonomy
and the confidentiality of the patient. Thus, in this scenario the autonomy and the beneficence are found in a conflicting situation. On the other hand, the factor of the confidentiality and the patient’s will, are dependent on the Data Protection Act and Human Rights Act respectively (Pdpc.gov.sg, 2020). Now, as these two legislative factors focuses on the confidentiality and the right of a person thus, the beneficence is also opposing these two laws in this same scenario. Hence, here the beneficence of the patient breaches other ethical and legal factors. Justice A nurse should value the patient focusing on the autonomy of the patient and also by providing positive and indiscriminative care providence (McGibbon & Lukeman, 2019). Hence, in case of Mr. S it can be stated that his decision should be considered with priority and also respected. Thus, it can be sated that the process of the health care providence to Mr. S should be considering the fairness and not provided with any kind of discrimination or disrespect. Thus, the confidentiality and autonomy maintenance of the patient can be highlighted as the justice maintenance (Juujärvi, Ronkainen & Silvennoinen, 2019). Thus, the ethical principle of justice should be considered and the information should not be provided to the family members or the employer of the patient as per the decision of the patient. Ethical theories Virtue This is an ethical theory which focuses on the character of an individual. This theory states that the law and regulations should not be considered over the character or the decision of an individual (Sellman, 2017). Hence, in this case of Mr. S it can be found that the decision of the patient is opposing the law and the regulation of the nursing care. However, the nurse should
follow the autonomy of the patient by following the decision of the patient (West, 2016). Deontology This theory is focused on the moral perspective and also based on the law and regulation based consequence analysis of any action (Mandal, Ponnambath & Parija, 2016). Hence, it can be found that the theory is focused on the improvement of the situation through better outcome finding of any kind of situation (Silva et al., 2018). In this context, it can be found that Mr. S case should be handled with more priority to the future consequence of the patient. Thus, the nurse should inform the patient family and also the employer for the physical, emotional and financial support development for the patient as the patient lives alone. Thus, the nurse should not stick to the decision of the patient and inform the family members of the patient. Hence, this theory is focused on the improvement of the future context (Barrow & Khandhar, 2019). Utilitarian theory This theory is focused on the outcome analysis of the action. This theory also states that the ethical choice will help in obtaining the perfect outcome for the situation. Hence, this theory states that the outcome of the action is dependent on the choice of the ethics (Felzmann, 2017). Thus, the autonomy maintenance in case of Mr. S will effectively lead to the positive outcome for the patient. However, the theory does not highlight that the beneficence maintenance by informing the family members of the patient or the employer of the patient will harm the patient. Hence, it can be stated that this theory is focused on the choice of the ethics and the outcome of the action based on the ethics. Thus, the nurse can choose the best option for the patient focusing on the outcome of the patient’s health (Amer, 2019).
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