Law in Nursing - Assignment
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Added on 2021-04-24
Law in Nursing - Assignment
Added on 2021-04-24
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Running head: LAW IN NURSINGLaw in NursingName of the StudentName of the UniversityAuthor note
1LAW IN NURSINGIntroduction This report outlines the legal issues that discuss the elements that are needed tosupport the Ross and other characters mentioned in the case study. The potential andnecessary legal consequences are also highlighted in the first question of the report. Itmajorly focuses on how the healthcare practitioners can provide treatment when their consenthas not been taken. In the second question, the report aims at the ethical issues by referring tothe Universal Declaration on Bioethics and Human Rights and how it can be applied in thiscase study (Rasoal et al., 2017). The values and principals of the scenario are generally theethical issues that can be applied in the situation of the case study. Lastly, it concludes statingthat what role the court will play while dealing with both the ethical and legal issues of thescenario. Legal Issues1. The elements that must be present for Ross’ consent to treatment for his headache to bevalid include the health condition. Ross did not gave his consent much for the treatment ofhis headache but he was not looking fine to Chandler and therefore he advised him to go for acheck up to the hospital. Ross’s consent for the treatment of his headache is important if thepatient is in his sense (Doudenkova et al., 2017). In this given scenario, Ross was in hissenses when he had the headache and injury by slipping on the desk. As per the Common Law, every competent adult has the ability to consent and refusethe medical treatment. If such consent is not determined then there may be proper legalconsequences for the health professionals taking care of the patients. The law of trespassstates that patients are capable of using the rights that are not subjected to an invasive methodwithout proper permission or consent or any kind of other justification (Steele et al., 2015).The term informed concern defines a situation where consent to medical treatment and the
2LAW IN NURSINGrequirement to alert the material risk that is preceding to treatment. The healthcareprofessionals should produce the information that is vital for the patient to give consent totreatment. It will also consist of the information that are linked to the proposed treatment(Gardner, Duffield & Gardner, 2017). The legal potential consequences will flow if the healthcare practitioners provideproper treatment without asking for the consent first. As observed in Common Law, itrecognizes and states that there are certain circumstances where a person can face trouble ifthe consent is not obtained before treatment. Although, there are exceptions when theindividual will not be faced with circumstances in a few instances (Svider et al., 2015) This isonly possible when there are emergency cases otherwise the individual will not be dealingwith appropriate circumstances. Without the permission of the patient, if the doctor treats thepatient, the case will be treated in a criminal charge of assault or a civil action for battery.The civil action in this case can also be treated as a civil action for negligence (Mulhearn etal., 2017).2. As noticed from the case scenario, Nurses Act, 1991 will be applicable. Ross hadpreviously refused to take medical treatment from the ambulance crew for his headache. Theparamedics have a legal authority to institute treatment for his head injury. When Ross wasbeing taken to the hospital, the paramedics had offered and asked for his permission to takecare of him but he refused repeatedly (Gilmour & Huntington, 2017). When Ross wasadmitted in the Emergency Department, paramedics provided a nurse but she was not awareof the medications that Ross was taking. Based on this authority Ross will be providedtreatment. Ross not being cooperative with them and therefore, the paramedics will not haveany kind of legal authority to institute the treatment for his head injury (Bartkowiak-Théron& Asquith, 2017).
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