Legal and Ethical Breaches in Nursing Care: A Case Study

This article discusses the legal and ethical breaches in nursing care through a case study. It identifies the relevant aspects of code of conduct and code of ethics for Nurses that were not upheld in the given case scenario.

Nursing

Table of Content
QUESTION 1. Identify one legal and one ethical factor which has been breached in the given
case scenario and explain how each have been breached. ..............................................................1
QUESTION 2. Identify and explain two relevant aspects of code of conduct and code of ethics
for Nurses that were not upheld in the given case scenario.............................................................2
REFERENCES................................................................................................................................4

QUESTION 1. Identify one legal and one ethical factor which has been breached in the
given case scenario and explain how each have been breached.
In care nursing profession, they are generally advocates for the vulnerable patients as
well as can find a balance while fostering the effective patient care. There are specifically the
four main principles of ethics in healthcare such as beneficence, autonomy, non-maleficence and
justice as well. And, every patient has a right to make their own decisions based on their own
values and beliefs. In addition to this, the ethics are quite important to the integrity of the care
nursing profession as it can aid to assure improve the patient care. Unluckily, having a number of
inexperienced care nurses generally enter into the profession, in which most of them are not
familiar with how to deal with ethical issues in nursing care profession. In context with provided
care scenario, care nurse James Drever has generally breached both the legal as well as ethical
standards when he was involved as well as has inappropriately received money from the Hazel
Jones, who is an aged care patient. As it is not in the rules or guidelines under The Nursing and
Midwifery Board of Australia. The steps or actions performed by the care nurse James Drever
was totally inappropriate and are against the ethics of nursing profession (Nursing Ethics:
Ethical Decision-Making for Nurse Leaders, 2022). He generally received money in several
forms in a period of three years consisting a acceptance of transfer of car into his own name,
which is generally purchased by Ms Hazel Jones, her cash, the bank cards as well as accepting
education payments for the education, tickets, flights to sport the matches and many more. It is
quite unethical for a care nurse to receive this type of money from the patient. The care nurse
which is breached in the provided case scenario can involve principle of ethics such as non-
maleficence (Alfano & Pergolotti, 2018).
The principle of ethics can involve a strong duty of act in which it can make advantage a
person, and its societies. The ethical principle is generally en-rooted in an innate love that is
generally felt for a humanity as well as the drive in order to demonstrate the love, care via the
nursing care actions. The ethical principle is exemplified by the kindness which the care nurses
specifically express towards their vulnerable patients in each of their interactions as well as
willingness to abide by the wishes of the patients, as long as patient is capable as well as fully
familiar. The care nurse James Drever has not provided an appropriate quality care services to
the patient Ms Hazel Jones such that the patient is unsuccessfully attempted to recover her all
money from the care nurse. In addition to this, it is the duty of every care nurse to provide justice
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to the patients as they are mainly responsible for ensuring that the well-being care benefits as
well as the burdens are specifically dispersed throughout the public. In this, the uneven
dispersion of the well-being care resources is significantly linked with the society disparities and
a personal prejudices (Chan et. al., 2018).
The patient has the right to manage her own expenses or money or to select any person
whom she can trust to do such things for her. In addition to this, if she has deposited her all
money to the care nurse James Drever, then Ms Hazel Jones must sign a written statement such
that they cannot misuse the money and get back at the right time as well (Your Rights and
Protections as a Nursing Home Resident, 2022). In addition to this, the legislations that are
involved in the case scenario such as Aged Care Act 1997. it is a main legislation within
Australia that can sets out the specific rules for the higher administration-funded aged care
consisting; the regulations, funding, standards, quality of care, the rights of receiving quality care
and non-compliance (Aged care laws in Australia, 2020).
QUESTION 2. Identify and explain two relevant aspects of code of conduct and code of
ethics for Nurses that were not upheld in the given case scenario.
Within a nursing care profession, the code generally consist a series of statements which
are taken together and indicate what is good care practices by care nurses, the midwives as well
as the care nursing associates can look like. It can generally puts the interest of the vulnerable
patients first, is effective as well as safe and can efficiently promote the trust through the
professionalism. The ICN (International Council of Nurses) code of ethics for the care nurses
generally involve four principal elements which gives a structure for a ethical conduct, the care
nurses as well as the vulnerable patients or other people needs care or services, the care nurses
and practices, the nurses and the profession, and nurses and the global well-being. In addition to
this, the code of conduct can give guidance on a suitable behaviour for every care nurses as well
as can be used by the well-being nurses, the managers, Nursing Council as well as other bodies
in order to evaluate the behaviours of the care nurses. Such that, failure to maintain these such
effective standards of the behaviour then it could lead to disciplinary inquiry as in the case
scenario of care nurse James Drever. The code of conduct that is breached in the given case
scenario of Ms Hazel Jones is that the care nurse James Drever did not treat the patient as
individual and did not uphold her dignity as well (The Code, 2020). As it is the duty of James
Drever to efficiently treat the patient with respect, kindness and compassion as well. The care
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nurse must sure that he must deliver an important care appropriately. He must uphold as well as
respect the rights of Ms Hazel Jones. Another code of conduct that is breached here is over the
period of five months, the patient was unsuccessfully attempted to recover her money from the
care nurse James Drever. In this, it is the duty of care nurse to actively listen as well as respond
to the preferences as well as her concerns. Furthermore, working in partnership with the people
to make sure that the care nurse can deliver an effective quality care to the patient. The nurse
must recognise as well as respect the attempt which the patient can specifically make towards
their own well-being and welfare as well. The care nurse must support as well as encourage Ms
Hazel Jones to share her decisions about her care treatment as well as care. Furthermore, the
nurse must respect the level to which the patient is receiving care and want to be involved within
the decisions about their own well-being, health and care as well. In context with code of ethics
within the healthcare in Australia generally has been developed for the care nursing profession.
As it is quite relevant to every care nurses as well as the areas of practise consisting those
extensive clinical, the management, education as well as the research domain. The nursing care
code generally outlines the care nursing profession's commitment to promote, respect, uphold as
well as protect the fundamental rights of the patient who are both the receivers and care
providers of the nursing as well as healthcare. In the case scenario, the code of ethics that is
breached in this is James Drever has not provided effective quality care services to the patient
and has received an inappropriate money from the patient which is quite unethical (Code of
Ethics for Nurses in Australia, 2015). The care nurse breached all the legal as well as ethical
standards such that he has used her car, her bank cards as well as accepting the payments for his
personal expense such as booking flights, education and many more (Zurlo & Zuliani, 2018).
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REFERENCES
Books and Journals:
Alfano, C. M., & Pergolotti, M. (2018). Next-generation cancer rehabilitation: a giant step
forward for patient care. Rehabilitation Nursing Journal, 43(4), 186-194.
Chan, H. Y. L., Ng, J. S. C., Chan, K. S., Ko, P. S., Leung, D. Y. P., Chan, C. W. H., ... & Lee,
D. T. F. (2018). Effects of a nurse-led post-discharge advance care planning programme
for community-dwelling patients nearing the end of life and their family members: a
randomised controlled trial. International journal of nursing studies, 87, 26-33.
Franzosa, E., Tsui, E. K., & Baron, S. (2018). Home health aides' perceptions of quality care:
goals, challenges, and implications for a rapidly changing industry. New Solutions: A
journal of environmental and occupational health policy, 27(4), 629-647.
Funderburk, C. D., Batulis, N. S., Zelones, J. T., Fisher, A. H., Prock, K. L., Markov, N. P., ... &
Nigriny, J. F. (2019). Innovations in the plastic surgery care pathway: using
telemedicine for clinical efficiency and patient satisfaction. Plastic and Reconstructive
Surgery, 144(2), 507-516.
Zurlo, A., & Zuliani, G. (2018). Management of care transition and hospital discharge. Aging
clinical and experimental research, 30(3), 263-270.
Online:
Code of Ethics for Nurses in Australia, 2015 [Online] Available through:
<https://waubrafoundation.org.au/resources/code-ethics-for-nurses-australia/
#:~:text=The%20purpose%20of%20the%20Code,guidelines%20and%20standards
%20of%20conduct>
Nursing Ethics: Ethical Decision-Making for Nurse Leaders, 2022 [Online] Available through:
<https://online.maryville.edu/blog/nursing-ethics/>
The Code, 2020 [Online] Available through:
<https://www.nmc.org.uk/globalassets/sitedocuments/nmc-publications/nmc-code.pdf>
Your Rights and Protections as a Nursing Home Resident, 2022 [Online] Available through:
<https://downloads.cms.gov/medicare/your_resident_rights_and_protections_section.pd
f>
Aged care laws in Australia, 2020 [Online] Available through:
<https://www.health.gov.au/health-topics/aged-care/about-aged-care/aged-care-laws-in-
australia>
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