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Mental Capacity Act 2005 Assignment

   

Added on  2020-01-28

18 Pages6094 Words52 Views
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IDENTIFYINGTHELEGAL, ETHICALANDPROFESSIONALISSUES1. Legal issues raised in the case scenario Mental Capacity Act: According to Mental Capacity Act 2005, it is essential for theservice care practitioners to protect and empower individuals who lack the mental capacity tomake their own decision about their care and treatment (Ellis, 2016). From the past records ofSam, it has been ascertained that she is unable to take decision for herself; therefore while takingdecision for Sam, it is essential for the care practitioners to consider patient’s rights andobligations. Since, Sam has been diagnosedof depression; therefore the practitioners shouldinform her mother as a guardian. However, she should also be informed about the same as shehas the right to be informed.Typically, Mental Capacity Act 2005 provide a legal framework foracting and making decisions on behalf of adults who lack the capacity to make particulardecisions for themselves. As per the Act, any person who is unable to take decision should notbe considered as disable (McSherry and et.al., 2016). Legally, she has the capacity to takedecision for herself; however due to her health issues, she is considered as unable to takedecision for herself.This has been mentioned in the act that a person should not be treated as unable to makea decision merely because that person makes an unwise decision. Further, in the statutoryprinciples, it is also mentioned that prior implementing the act, decision must be made in regardsto the purpose because the act is decision specific which deals in the situation when a person hasany particular issue (Kang and Seomun, 2016). Thus, applying the act in the present case, it canbe said that Sam keeps herself silent because of depression; therefore she this hampers herdecision making ability. Thus, looking towards this fact (her disability in taking decisions), sheshould not be considered as unable or disable. Practitioners should pay attention towards her pastmedical history so that appropriate care can be delivered to Sam. Since, Sam is an adult;therefore she should be considered as capable to take her own decision (Traynor, Galanouli, Riceand Lynn, 2016). Consent to treatment: This requisite states that prior giving any treatment to the patient,it is essential for the health care entity (which delivers health care services) to get consent fromthe patient. According to the present case, when Sam is unable to make decision for herself,3

practitioners should inform her mother (because she is her legal guardian). Sam feels insecurebecause of her mother’s boyfriend who always threatened her. Sam said that she does not wantto disclose anything to her mother because she thinks that she will not believe her. Thus, thisraises the issues of consent. Regarding this, Sam has the right to take decision for her owntreatment. Legally, she posses the right; but due to her health inability, she could not beconsidered as capable in taking decisions. Consent to treatment is essential so that parties may know everything about the treatmentthat is provided to them.Legal framework (Data Protection Act 1998) under confidentialitymanagement states that if a person does not want to disclose his condition with anyone else, thenit should be kept secret especially when the person has sound mind to take decision for himself..Information about the patient needs to be protected so that confidentiality can be maintained.Without asking the patient, information should not be disclosed as that lies under illegal actsbecause patient safety and security is more important(Eaton and Donaldson, 2016). Moreover,at the time of giving treatment to the patient, health care practitioners must ensure that they areinvolving the patient as well in decision making procedure. It is essential to seek considerationfrom the service users so as to maintain their interest level; so that they may also recommend theservices to other clients (Felstead and Springett, 2016). Equality and discrimination act: Equality and discrimination aspects create severalissues and challenges in health care dimension; hence considering the same it is vital for the carepractitioners to give equal importance and dignity to all the patients regardless of their religiousbackground and beliefs (Ellis, 2016). In the present case, (Equality Act 2010) should be adheredso that health care employees can deliver prominent services to Sam regardless of her age,values, beliefs and cultural norms (Hancock, Naber, Cross and Mailow, 2016). There have beena number of changes to the law since the Equality Act came into force and it made it clear thatorganizations should not breach the legal regulations. Sam is less talkative and does not expressher feelings clearly. Therefore, most often people ignore her (especially when she keeps herselfisolated) and she is also unable to express what she thinks usually. Since, she had manypsychological problems (such as depression, dementia and lack of expressing ability); so shedoes not communicate properly with people and considering the same, people ignore herconsequently (Maust, Langa, Blow and Kales, 2016). While getting care from the health care4

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