Law and Ethics in Nursing

Running head: LAW AND ETHICS IN NURSING
LAW AND ETHICS IN NURSING

Law and Ethics in Nursing 1
Often morals and principles play a vital role in societal existence. This particular segment
is referred to as ethics. However, the legal factors or the implementation of the law is evident in
every regard, as is evident in the case of health care facilities. There have been several instances
of patients refusing treatment, which calls for an analysis of the legal or the ethical aspects to be
considered for taking action or inaction (Pickles, de Lacey & King, 2017). This study focuses on
the case of 17-year-old Ashley who is visiting the rural accident and emergency department with
her partner. Ashley complains of abdominal pain, and upon being checked for the fundamental
factors of her health, she is made to wait for 4 hours before the doctor attends to her. In the
course of action, Ashley starts to bleed and has to be resuscitated with blood infusion, which is
refused, owing to her religious beliefs. However, Ashley is treatment nevertheless, and is saved,
but is angry due to the non-compliance of the hospital staff with her opinions and religious
beliefs. This raises the question of choosing law over ethics or vice versa. The actions and the
role of Australian law and ethics are discussed thoroughly in this paper.
The first major ethical issue raised can be outlined as the delay in treatment of Ashley.
However, rural accident and emergency departments are often short-staffed, and it has been
stated in the case study that there had been cases of multiple accidents involving a motorcyclist
and a truck. Hence, the accident victims had been given the priority considering their state of
physical injuries. Regardless, being short-staffed raises legal questions on the authority of the
healthcare facility (MSDmanuals 2019). Now, considering the case where the doctor comes in
for Ashley's medical examination to determine the cause of the abdominal pain, he is interrupted
due to another emergency case about the series of accidents formerly mentioned. Upon further
consideration and as per the medication charts of the nurses, Ashley was given Pethidine, to
relive her abdominal pain.

Law and Ethics in Nursing 2
Considering the fact, that Ashley was 14 weeks pregnant at this point, Pethidine is known
to be predominantly used for relieving pain during labour. Hence, despite the nurse or the doctor,
not know about Ashley's potential pregnancy had to administer the dosage of Pethidine, cannot
be held responsible as it not known to have a consequential effect on pregnant women or the
foetus. However, no further treatment was continued since the doctor could not find the cause of
the pain, as a result of the delay in attending. This may be constituted as a legal issue.
Nevertheless, considering the entire case from a nurse's perspective, it may be stated that the
organisational responsibility for being short-staffed may be attributed as one of the primary
reasons for the overall case (Butts & Rich, 2019).
Now one would consider the significant turn of events. Ashley wakes up from her sleep
resulting from the painkiller, only to find that she is bleeding from her vagina, along with more
abdominal pain. This information was passed on to the nurse, who passed the information over to
the doctor. The doctor, in turn, asked for blood samples for performing tests related to HB, group
and hold. While the blood collection session, Ashley had confided in the RN (Registered Nurse)
that might have been pregnant due to the lack of a distinct menstrual cycle. However, she had
little blood loss during this period. In addition to that, she had stated that she was a Jehovah's
Witness, which meant as per her religious beliefs, she could not ‘consume' blood and thus
refused blood transfusion or any blood products (Chryssides, 2019). Ashley’s suspicions
regarding her pregnancy were shared with the doctor by the RN. This may be ascertained to be
another ethical issue. Additionally, Ashley did not want her parents to be involved or have
information regarding this condition.
Therein lay one of the significant ethical as well as legal issues. Firstly, Ashley is legally
not an adult, which would mean that her legal guardians, that is, her parents are liable to make

Law and Ethics in Nursing 3
decisions for her. However, according to the Crime Act 1900 (Section 66C and 55) and 1958,
Criminal Code Act 1899 and 1983 (Sections 215 and 127 respectively), Health and Other
Legislation Amendment Bill 2016 and several other Acts and Bills, it is evident that the age of
consent for sexual activity in various county in Australia is either 16 or 17 (Who 2019).
Regardless, the age of consent for a medical procedure is 18, provided that the individual
understands the potential consequences of the actions. However, in case of involvement of a
parent, it is likely that the opinion of the parent may outweigh the views of the child, provided
the child is below the age of consent.
In this case, the contradiction arises, by not informing the parents. Secondly, Ashley was
determined to be about 14 weeks pregnant, without any sign of a foetal heartbeat. Following this,
she is advised to undergo a medical procedure to eliminate the contents of her uterus, or
precisely an abortion, to which she consents. The legal, as well as the ethical issues, arise when
Ashley agrees to abortion but refuses to accept blood for sustenance (Johnstone, 2016). During
the surgery, Ashley loses blood, which is thus compensated through the immediate orders of the
doctor to conduct a blood transfusion. Upon waking up, Ashley is angry due to the violation of
her religious beliefs. However, it may be mentioned in this regards, that ethics is raised in both
perspectives, from Ashley as well as the hospital staff. Owing to the Hippocratic Oath, the
doctors must do everything in their power to stabilise the patient or save their lives (Barrow,
2015). On the contrary, Ashley believes this to be on par with the violation of her faith.
However, it may be pointed out, from a nurse's perspective, that Ashley did not technically
‘consume' blood, as is mentioned in the biblical reference for Jehovah's Witnesses.
Hence, it may be concluded that the doctor could have been aware of Ashley’s belief in
case the RN attending to her had informed the doctor. Regardless, it is also likely that the doctor