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The Issue of Law and Ethics - Doc

   

Added on  2021-06-17

10 Pages2861 Words44 Views
Running Head: Law and Ethics 1Law and ethics.Name:Institutional affiliation:

law and Ethics 2Introduction.The issue of law and ethics has a great influence on the medical decisions made at a particular time. In as much as a healthcare service provider is expected to act in the best interest of the patient (Herring, 2015). They are bound by law and the wishes of the patient. The wishes of a patient may be recorded as an end of life directive. It may also be articulated by those consenting on their behalf in case they are in a position and capacity. According to Carter et al (2016), the Australian laws on advance care directive allow for the end of care directive. It may permit the withdrawal of a life sustaining measure if the individual directed so or if the individual given the power of attorney makes that decision. This directive is mostly implementedwhen further intervention is unlikely to cause any significant effect in the long run.The directive to not resuscitate is one such requirement that forbids an attempt to re-introduce a heartbeat and blood circulation when the heart stops or breathing when one stops doing so (Bomba & Karmel, 2015). If this is the wish of the patient or the decision by these consenting on their behalf, then, the health practitioners are bound by law to respect the decision and follow it to the letter. Even though this might be the best medical decision to make in the circumstance, they will still have to follow the patients wish anyway (Jimenez-Herrera & Axelsson, 2015).The case study above is such a scenario. Dawn has had a massive stroke and became unconscious. Her husband and children are having a heated argument about the decision to take concerning the DNR directive. They are being advised by the nurse as per the clinical judgement to allow the directive. Kevin, her husband is vehemently opposed to the decision while her

law and Ethics 3children seem to be of the idea. They are even advised to consult a n independent doctor or one of their choice before making the decision.This essay revolves around the issue a DNR directive and the legal and ethical issues surrounding it. The issue of consent and the ethical principles in patient care provision have beenthoroughly scrutinized and their applicability considered in Dawn’s case.Legal issues.a.Advanced care directiveThe Australian laws allow an individual to give an advanced care directive which may express the patient’s opinion toward a resuscitation directive (Thomas, Lobo & Detering, 2017).If a patient has the capacity of consenting to treatment, they can give the directive before they areincapacitated. The doctor has the duty of care to the patient. This is usually delivered with due regards of the patient’s wishes. The issue of DNR may bring more confusion than clarity to the health care providers. The best action to take might not be the wish of the patient hence, such an action is not implemented. Legal proceeding can be initiated against a health provider who disregards this directive. A doctor in any jurisdiction, who fails to render emergency assistance to a patient is liable for a legal or disciplinary action by the regulatory body. This duty is accompanied by the responsibility of ensuring that all this is done with due regards of the patient wishes. In the case scenario, the nurse has decided to consult the family members in order to provide care that is in line with the patient’s wishes. Legally this is a good move to avoid a legal proceeding from beinginitiated later.

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