Legal and Ethical Parameters in Nursing Practice - Theory Assessment

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Assessments
Student : Theresa Smith - S1814604
Course : Diploma of Nursing
Course
Offer : 18VDONB6
Course
Unit : HLTENN008 Apply legal and ethical parameters to nursing
practice
Assessm
ent type : Theory Assessment
1. Define the following terms:
1.1
Ethics: Ethics is the prescribed and accepted code of behaviour in the nursing
field.
1.2
Bioethics: Bioethics refers to the study of ethical concerns emerging from
advances in nursing policy and practice.
1.3
Nursing ethics: This is a branch of applied of ethics which mainly studies activities
in nursing field.
Reference: Armstrong, A. E. (2006). Towards a strong virtue ethics for nursing
practice. Nursing Philosophy, 7(3), 110-124.
2. Different ethical theories exist and theories can be applied
to different situations to inform our thinking and support
decision making. Describe the following theoretical concepts
related to ethical conduct (in 25-40 words each).
2.1
Consequentialism: In normative ethical theories, Consequentialism asserts that the
consequences of an individual’s behaviour are the final basis for any judgement
about the wrongness or the rightness of their behaviour.
2.2
Deontological (duty-based) ethics: This is an approach to ethics which

concentrates on the wrongness or the rightness themselves as opposed to the
wrongness or the rightness of the consequences of the particular actions.
References: Alexander, L., & Moore, M. (2007). Deontological ethics.
3. You must use correct common legal terms associated with
nursing practice, and correctly interpret their meaning
irrespective of the area in which you are working. Describe
the following legal terms and types of law:
3.1
Civil law: Civil law requires nurses involved in malpractices such as wrongful
discharge to be impelled to compensate individuals affected by their actions.
3.2
Common law: Common law is derived from social mores or principles and consists
of wide, interpretive dogmas based on systematic reasoning, common sense and
traditional justice.
3.3
Statute law: Statute law refers to legislation passed by either State Parliament or
Federal Parliament touching on an issue revolving around the nursing field.
3.4
Precedent: In nursing, Precedent refers to an action, a verdict or a ruling which
might be used as an example to be adhered in the future.
3.5
Law of torts: In common law, torts are malpractices committed by a nurse such as
invasion of privacy and make the victim to suffer either physically or mentally.
3.6
Negligence: This can be described as a nurse’s failure to take reasonable steps or
care to curb an injury or a loss to a patient making him or her suffer unnecessarily.
3.7
Assault: This is an intentional or an unlawful direct of force to a patient instigated
by a nurse meant to create fear or threat. An example is threatening them verbally
or pretending to hit them.
3.8
Battery: This occurs when a nurse intentionally causes harm to someone. It is a
criminal offense and can lead to civil lawsuit.
3.9
Legal capacity: This is a nurse’s ability to make a binding contract, make decisions
of a legal nature or sue another person.
3.10
Intellectual capacity: The Intellectual Capacity Act 2005 (MCA) provided nurses
attending to patients with impaired capacity to make decisions or rationalize a
framework within which to work to alleviate their conditions.
3.11
Clinical incapacity: Clinical incapacity to make treatment decisions refers to the
medical judgement of a qualified nurse who determines an individual is not able
to: comprehend his or her medical conditions or the substantial benefits and perils
of proposed treatment and its alternatives.
3.12

False imprisonment: In the nursing field, false imprisonment takes place whenever
a person (who does not have legal authority or justification) keeps a patient
involuntarily or against his will in a nursing home, hospital, or other health
institution or facility, or even in an ambulance.
3.13
Defamation: This happens when a healthcare practitioner say a nurse publishes a
false statement which lowers the reputation of an individual before the right-
thinking society members. For such a published statement to be deemed
defamatory, it must meet particular legislative requirements that of course vary
from a country to another.
3.14
Vicarious liability: This refers to a condition when a person is held answerable for
the omissions or actions of another individual. In a nursing context, a nurse can be
held responsible for the actions or omissions of other nurses working under them,
provided that they happened under their directions as employers.
3.15
Defendant: In nursing criminal cases, a defendant refers to a person accused of an
offense. A defendant can either be an individual or an organization.
3.16
Plaintiff: In nursing criminal cases, a plaintiff is a person who files a case against
the defendant in a court of law.
3.17
Harassment: Harassment in the field of nursing takes place when a health
practitioner aggressively pressurizes or intimidates another person say the patient
or a co-worker.
3.18
Expert witness: This is a person whose level of specialization skills or knowledge in
nursing matters inhibits or disqualifies them from presenting their viewpoints
about the facts of a case during legal proceedings.
3.19
Coronial inquests: In nursing, Coronial inquests refer to public hearings held to
scrutinize the circumstances and cause revolving around the demise of a patient in
unnatural or unusual circumstances. Inquests are normally done by magistrates
acting as coroners.
References: Avery, G. (2016). Law and Ethics in Nursing and Healthcare: An
Introduction. SAGE.
Rodger, D. (2018). Law and Ethics in Nursing and Healthcare: An
Introduction.
4. The Australian court hierarchy consists of a variety of
courts and tribunals. Describe the court system in Australia
(Australian court hierarchy).
The Australian court hierarchy comprises of judges who sit in the
courts of the States and Territories of Australia as well as in federal
courts. This hierarchy comprises of tribunals and courts at both state
and federal levels. The High Court of Australia occupies the apex point
of the hierarchy as the final court of appeal on issues of state and
federal law. The Australian court hierarchy is presented as follows.

References: Mack, K., & Roach Anleu, S. (2012). Entering the
Australian judiciary: Gender and court hierarchy. Law & Policy, 34(3),
313-347.
5. Identify and describe 2 (two) sources you could refer to in
accessing information related to Australian legislation and