Ethics and Law in Australian Health Services: A Case Study Analysis

This report examines the ethical and legal considerations pertinent to professional practice within Australian health services. It begins with an overview of ethical practices, exploring the background of ethical principles in healthcare, the standard and duty of care, and relevant legal practices, including the implication of tort laws. A significant portion of the report is dedicated to a case study involving an elderly patient in a nursing home, where the author analyzes the situation using Driscoll's Reflective Model. The analysis explores the ethical dilemmas, the author's responses, and the implications of their actions, ultimately leading to conclusions about best practices and future actions in similar situations. The report emphasizes the importance of adhering to ethical guidelines and legal frameworks to ensure responsible and effective healthcare delivery, drawing on references from various sources to support its arguments and findings.

Professional Practice on Health Service-
Ethics and Law
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Table of Contents
Introduction.................................................................................................................................................3
Ethical Practices..........................................................................................................................................3
Background.............................................................................................................................................3
Standard of care.......................................................................................................................................4
Duty of care owed...................................................................................................................................4
Legal Practices............................................................................................................................................4
Implication..............................................................................................................................................4
Tort Laws................................................................................................................................................5
Case study...................................................................................................................................................6
Background.............................................................................................................................................6
Analysis through application of Driscoll Reflective Model.....................................................................6
What....................................................................................................................................................6
So What:..............................................................................................................................................6
Now What...........................................................................................................................................7
Conclusion...................................................................................................................................................8
References:..................................................................................................................................................9
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Introduction
Being a professional practitioner of healthcare service in Australia, I have to understand the
implication of ethical and legal context relevant to the profession. With the reference of different
case studies in the field of healthcare, I will discuss different situations related to healthcare and
my subsequent ethico-legal reactions to face those situations (Ahpra, 2017). While ethics is more
to feel but to be specified through black and white guidelines, legal issues are to be clearly read
and understood for performing professional duties of the said segment of healthcare in Australia
(Caresearch, 2017). For following the ethico-legal compliance related to healthcare, I have to
consider case study referred as Assessment Task 3- scenario- 2 and discuss the same with the
guideline of Driscoll’s Reflective Model. (Berglund, 2008, P:88-91)
Ethical Practices
Background
Before 1970’s, no concrete foundation of ethical practices in health service was found
empowered by ethical theory in bio-medical application. That time merely any interference of
moral principles followed by practices and virtues were found by the health service providers.
The concept of ethical practices in health care was mainly found in US and Europe to ensure
maximization of medical benefits with mitigation of risks related to harm and disease for the
patients (Nursingmidwiferyboard, 2016). Earlier the prevailing practice was shadowed with the
drawbacks of Hippocratic traditions through negligence of privacy, communal responsibility,
justice, truthfulness. Beauchamp and Childress had started research on biomedical ethics with the
foundation of the same through their book Principles of Biomedical Ethics in 1979 with the
objective of setting the principles fit for biomedical ethics which is mainly focused on social
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justice. The framework of principles of bio-medical ethics as per the book is – a) Respect for
Autonomy, b) NONMALEFICENCE, c) BENEFICIENCE, and d) JUSTICE (Beauchamp, 2007,
P:1-6)
Standard of care
These areas are emphasized for practicing healthcare services with the ethical background which
are to be followed by me as a health care worker. The duty of care is emphasizing on the
competency of any health worker to understand and undertake the responsibility of the
professional obligations to the stakeholders in the form of patents or clients. The benchmarks are
fixed by the ethical guideline fixed by public to mention what type of expectation is there from
the health service worker when their service is required and the basic parameter through which
the performance of any professional can be regulated (McCormick, 2013).
Duty of care owed
The concept of duty of care owed is mainly depending upon three pillars of obligation which are
known as Neighbor Principle, Foresee ability, and Proximity. As a professional health service
worker, I have to honor these obligations to ensure it broadness with specific implication for
professional practice.
Legal Practices
Implication
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There are different laws globally enforced in the domain of legislation to protect or safeguard the
affected personality. Out of them, two different streams of civil laws are mostly connected with
health professionals. They are known as Law of Torts and Law of Contracts. Being a student of
health service profession, I have to know and understand the legal aspects of these two laws as
connected to this profession (Alrc, 2011).
Tort Laws
Tort laws are connected are mainly connected to civil wrongs which are not like criminal by their
nature. This law is applicable between individuals or groups of individuals. This law is mainly
redressed by compensation as no such application of punishment is applicable by this law.
Duty of care- This is implied for relationship between the health professional and the patient
which is bonded with duty of care as recognized legally. Being a health professional, I have to
adhere to the application of this law as highlighted by Lord Atkins in the featured case of
Donoghue vs. Stevenson. This area is comprised of issues like Neighbor Principle, Foresee
ability, Proximity. This is to be kept in mind that this duty of care is non-delegable as the same
assignment requires exercise of reasonable care along with basic skill (Acu, 2015).
Negligence- I have to keep in mind that negligence in my duties to the patients with any such
happening which may cause damage to the plaintiffs may be taken to the court of law with
subsequent compensation (Nursingmidwiferyboard, 2015).
The other areas like trespassing, assault and defamation may attract legal suit and the same is to
be ensured by me that no such happening should take place while I am on professional duty to
attend my patent (Forrester & Griffiths, 2011, P:87-92).
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Case study
Background
The case study referred as Assessment Task 3 Scenario 2 had given description of a featured
occurrence. Being assigned with the task of ensuring mouth care of the elderly patients of a
nursing home, I have found that Mr. P of 85 was admitted in the nursing home with some critical
health problem. I am assigned to take care of his mouth care as well. It is being observed that the
dentures used for mouth care of Mr. P should not be replaced as per the advice of senior nurses,
as the replacement may make situation worse for him with more discomfort. One day, when Mr.
P was having his nap with comfortable situation, someone of his grandchildren had suggested to
replace the denture as this change may cause betterment for him. When Mr. P was asked about
this change, he had negated the same. But with the insistence of his grandchild, I have done the
change and found that the change was causing serious problem for him with generation of
discomfort with projection of severe pain. While consulting the grandchildren about the reaction
of Mr. P after changing the denture, she had told that it was fine and not to worry about this
(Hughes, 2011, P:61-62).
Analysis through application of Driscoll Reflective Model
As per Driscoll Reflective Model, this case study will be described as follows:
What
This case study is described with the What criterion by emphasizing the suggestion from the
grandchild of Mr. P to replace his denture which are deployed for his mouth care. It was
observed that Mr. P was comfortably having nap and when he was asked of the denture is to be
replaced as per the suggestion by his grandchild.
So What:
 How did I respond- Although I was advised by senior nurses not to replace the same, I
have replaced the denture of Mr. P.
 Why did I respond that way- This is due to insistence of the grandchild of Mr. P
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 Did the information change my values or thinking and why- Yes, it had changed my
values or thinking. Primarily I found that Mr. P was having comfortable nap while the
suggestion from his grandchild came to me. Moreover, the senior nurses had advised me
mot to change the denture of Mr. P.
 Implication of the information heard- The implication of the information from the
grandchild had forced me to change the denture of Mr. P as I thought that being the
relative, the grandchild would not suggest anything which can put him in discomfort
zone.
 My interpretation of the information- My interpretation about the information was that it
should be changed, even if it will raise the comfort level of Mr. P.
 Connection between the new information and past feelings- My past feeling and new
information did not match as my senior nurses had suggested not to change the denture of
Mr. P. I have also found that with the prevailing status of old fixed denture, Mr. P was
comfortable. New information to insist the change of denture of Mr. P had adverse
connection with my past feeling as the same information had not made any betterment for
Mr. P so far his health and comfort level is concerned.
 My reaction about the information- I was surprised with this information as the senior
nurses had not advised me to do so because this cannot make any betterment to mouth
care of Mr. P.
 Ethical consideration- My ethical consideration was not to entertain the information,
because this is not as per my professional knowledge (Kerridge et al., 2009, P:220-223).
Now What
 Conclusion I have made-My conclusion about this case study is that I should not entertain
any such information received from outsider and should only consult my seniors or
responsible authority to make any such changes. While self asking, I found that this may
mean not to entertain any such information as the flow of information comes from such
person who is not any professional in this field and this step, if proved adverse, will affect
my career adversely.
 Change of my opinion because of the new information- Yes, I have made my opinion of
what to do in perspective of new information.
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 New perspectives for my present or future course of action- I have learnt from this case
study that the decision of mine should be as per my observation and knowledge and
should not be changed by any new information passed on to me by any unauthorized
personality.
 In what ways this learning experience serve me in future- This learning experience had
taught me about not doing anything as per the information gathered from any
unauthorized persons who have no idea about the consequences of the action thus
requested. Hence, I will not entertain such request in future and will go as per the advice
of my seniors and my knowledge- both practical and theoretical.
Conclusion
It is known by me that the professional I have chosen is the noblest profession and this
professional also ensures better living of my patients. Being a responsible stakeholder of this
profession I have to find the applicable ethics and legislation which are binding this profession
through regulatory authority. I also have to fulfill the basic requirements of the professional
demand which can make me perfect and professionally equipped to deliver my duties to my
patient in effective way so that no such divulgence would take place from my part which can
raise finger against me. Ethics and law are there to remind the professional of their deliverables
with their level of duties and services. I, being the health service worker, have to ensure that
every criterion of ethical and legal practices should be followed by me so that I can perform my
professional practice effectively.
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References:
Acu, 2015. Torts. [Online] Available at: <http://libguides.acu.edu.au/c.php?
g=340095&p=2289138> [Accessed 29 August 2017].
Ahpra, 2017. About Ahpra. [Online] Available at: <http://www.ahpra.gov.au/About-
AHPRA.aspx> [Accessed 29 August 2017].
Alrc, 2011. Australian Privacy Law & Practice - Key Recommendations for Health Information
Privacy Reform. [Online] Available at: <http://www.alrc.gov.au/news-media/2011/australian-
privacy-law-practice-key-recommendations-health-information-privacy-refor> [Accessed 29
August 2017].
Beauchamp, T., 2007. TIle 'Four Principles' Approach. 2nd ed. Jhon Wiley & Sons.
Berglund, C., 2008. The Client and Carer Relationship. In Ethics for Health Care. 3rd ed. Oxford.
pp.88-91.
Caresearch, 2017. The Role of Health Professionals. [Online] Available at:
<https://www.caresearch.com.au/caresearch/ForPatientsandFamilies/AboutPalliativeCare/
WhoProvidesPalliativeCare/TheRoleofHealthProfessionals/tabid/954/Default.aspx> [Accessed
29 August 2017].
Forrester, K. & Griffiths, D., 2011. Essentials of law for health professionals. 3rd ed. Mosby.
Hughes, R., 2011. The Association of Civility and Ethics. Creative Nursing, 17(2), pp.61-62.
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Kerridge, I., Lowe, M. & Stewart, C., 2009. Ethics and law for the health profession. 3rd ed. The
federation press.
McCormick, T., 2013. Principles of Bioethics. [Online] Available at:
<https://depts.washington.edu/bioethx/tools/princpl.html> [Accessed 29 August 2017].
Nursingmidwiferyboard, 2015. Professional standards. [Online] Available at:
<http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Professional-
standards.aspx> [Accessed 29 August 2017].
Nursingmidwiferyboard, 2016. Professional standards. [Online] Available at:
<http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Professional-
standards.aspx> [Accessed 29 August 2017].
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