Case Study on Legal and Ethical Issues

This assignment presents a detailed case study of Edward, a 37-year-old man suffering from diabetic coma. It explores various legal and ethical issues surrounding his treatment, including the legal authority for treatment without consent, the validity of consent, and the ethical dilemmas faced by healthcare professionals. The case study emphasizes the importance of understanding both legal obligations and ethical principles in medical practice, particularly in emergency situations where a patient cannot provide consent.

Running head: CASE STUDY ON LEGAL AND ETHICAL ISSUES
CASE STUDY ON LEGAL AND ETHICAL ISSUES
STUDENT’S NAME:
STUDENT’S ID:
PROFESSOR'S NAME:

CASE STUDY ON LEGAL AND ETHICAL ISSUES 2
Table of contents
Introduction......................................................................................................................................3
Legal issues......................................................................................................................................3
1. Understanding legal authority to provide treatment for diabetic coma:......................................3
2. Discussing factors related to validity of consents and legal consequences if paramedics
provide treatment without patient’s consent:...................................................................................4
3. Evaluating rationale supporting legal obligation for obtaining content:.....................................4
4. Analysing available options for health professionals for getting consent:..................................5
5. Understanding legal options for health professionals if decision-makers disagree to give
consent:............................................................................................................................................6
6. Discussing factors regarding withdrawal of life-sustaining measures of Edward:......................6
Ethical issues...................................................................................................................................7
1. Discussing identification and application of two principles related to the case study:...............7
2. Understanding conflicts between the principles regarding various values of every stakeholder:
.........................................................................................................................................................7
3. Application of Kerridge et al. (2013) model to resolve ethical issues:.......................................8
Conclusion.......................................................................................................................................9
Reference list:................................................................................................................................10

CASE STUDY ON LEGAL AND ETHICAL ISSUES 3
Introduction
In the assignment, a case study of 37-year old, Edward is thoroughly analysed. Edward is
suffering from Type 1 Diabetes from the age of 14. Recently he started suffering from viral
fever. However, he did not take his viral fever seriously. Later, he became unconscious in a
bathroom of a hotel. When he was taken to hospital, paramedics assessed Edward as a patient of
diabetic coma. In the assignment, several legal and ethical issues related to Edward's treatment
are discussed. In the assignment, the role of legal authority related to diabetic coma, element
related to validity of consents, legal consequences, and other options is thoroughly analysed.
Some essential principles, conflicts related to ethical issues and application of Kerridge model
are also evaluated.
Legal issues
1. Understanding legal authority to provide treatment for diabetic coma:
In this case study, it is shown Edward is suffering from type 1 diabetics. When he began
suffering from viral fever, he ignored it. Later, the health issue became serious and people found
him unconscious in a hotel. At first, it is shown he was unwilling to receive treatment for his
viral fever. Therefore it is important to understand the role of legal authority which can provide
treatment for diabetic coma without service. A responsible health professional should act in a
service user’s best interest when it comes to medical treatment. In Australia, the G&A Act states
the person or health professional needs to be responsible for considering a few matter
determining the best interests (Lon’Tejuana et al. 2017). Health professional needs to know the
desire of wish of service user who is suffering from a severe disease. If that person does not give
consent for medical treatment, health care professional needs to talk to family members or
relatives of that service user.
Health professional needs to know if any other alternative treatment is available for that service
user. Health service provider should also understand whether any kind of risk or danger is
associated with this health treatment. Health professional must know if the treatment is done
only because of maintaining and promoting well-being and good condition of service users.
However, some support users do not want to receive health service and it becomes very difficult
for health professionals to provide them health care support. Therefore, The G&A Act gives

CASE STUDY ON LEGAL AND ETHICAL ISSUES 4
legal authority to health support providers to do medical treatment if service user does not give
consent in case of emergency (Çakërri et al. 2014). When treatment is essential for support user,
health service providers must perform treatment for their support users. A health professional can
do medical treatment to save the life of health service user. Health professional can also use
health service in order to prevent any kind of severe damage to support user’s condition of
health. Health care professionals need to give treatment to support users to prevent suffering of
continuous distress or pain. Therefore, in case of Edward, paramedics can provide treatment for
diabetic coma without his consent.
2. Discussing factors related to validity of consents and legal consequences if
paramedics provide treatment without patient’s consent:
There are some elements or factors which should be present for the validity of consent. Edward’s
family members should be aware of severity of his condition and allow health professionals to
perform medical treatment. Health service provider must get consent of performing health
treatment from Edward’s family members (Zimmet et al. 2014). Health professional can provide
medical treatment to Edward to save his life and prevent him from any kind damage of health
even if Edward does not give consent.
In some healthcare organisations, some service users do not want to receive medical treatment
from health professionals. It is very important for health service providers to get their consent
before performing treatment. Every adult must have a right to decide what is done with their
bodies. Their consent must be both verbal and written. Therefore, service provider has a right to
reject medical treatment. They need to understand severity of their disease agree to terms and
conditions regarding the procedure of treatment. If health professionals take decisions of
providing medical treatment without their consent, they may face legal consequences. As the
Queensland Criminal Code s.245, if a person moves, strikes or touches another person without
that person’s consent, this act is considered an assault (Himsworth, 2013).
3. Evaluating rationale supporting legal obligation for obtaining content:
When it comes to medical treatment, generally no treatment can be performed without the
service user's consent. Particularly a health professional needs to take permission of service user

CASE STUDY ON LEGAL AND ETHICAL ISSUES 5
if that person is an adult. At the time of providing treatment to service users, health professionals
must explain alternative options and risks associated with the treatment. A service user can
refuse or reject medical treatment from health professionals. As par Marion’s case, Australia’s
High Court developed the principle and stated a competent person can select what occurs
regarding medical treatment. In case of Edward, it is important to perform the treatment to
improve his condition of health (Kodali, 2015). However, it is not possible for Edward to give
permission for treatment as he does not have decision-making capacity. When people found him
unconscious in a hotel, they admitted him to a hospital. Now he is a suffering from diabetic
coma. Therefore it is very important for the health professional to interact with his mother and
wife and receive their consent for treatment. Health service provider needs to make them
understand the importance of giving treatment to Edward. Health service provider needs to make
his family members understand the severity of the disease and his condition. It is very important
for them to realise the fact health service provider will not be able to save Edward’s life if
medical treatment is not given.
4. Analysing available options for health professionals for getting consent:
Edward is a 37-year-old man who is suffering from diabetics. He always managed to maintain
stability of blood glucose level. Recently he began suffering from viral fever, but he did not care
about it. He did not want to receive medical treatment for viral fever. However, his viral fever
became worse. Then one day he became unconscious and was admitted to a healthcare
organisation. Paramedics assessed him as a person who suffering from of diabetic coma.
Edward’s condition is serious and he does not have a capacity of providing consent regarding
medical treatment from health support providers. Therefore, it is important for health
professionals to talk to Edward’s family members and receive their consent. The G&A Act
allows the guardian of service users to give consent to medical treatment (Abdulazeez, 2015). It
states service user’s parents or domestic partner can make decision regarding medical treatment
of service user if that service user does not give consent. Health support user’s nearest relative
can also provide consent for medical treatment as well.

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5. Understanding legal options for health professionals if decision-makers
disagree to give consent:
In the healthcare organisation, paramedics assessed Edward with diabetic coma. When he arrived
the health care organisation, Edward was ventilated and intubated. At first, he stayed in
emergency department of that health care organisation and he was transferred to ICU. As he
cannot provide consent to receiving medical treatment from health professionals, his family
members have a right to give consent to treatment. However, sometimes family members show
disinterest in receiving medical treatment as well. Especially people from lower class
background do not always want to take medical treatment because they cannot afford those
facilities. At first, health professionals need to talk to Edward’s family members and make them
understand the seriousness of Edward’s health condition. If they disagree to give consent to
medical treatment, healthcare professionals can take the decision to perform medical treatment
without service user of family member’s consent. Part 4A of the G&A Act gives health
professionals right to perform medical treatment if that’s necessary without consent of service
users (Dunning et al. 2013).
6. Discussing factors regarding withdrawal of life-sustaining measures of
Edward:
In a healthcare organisation, Edward is assessed with serious health condition of diabetic coma.
At first health professionals tried hard to prevent damage to the condition of his health and save
his life. However, Edward was not responding to the treatment anymore and there was no sign of
improvement. Therefore, the team of health care and Edward’s wife believed there was no reason
for continuing the treatment. They decided medical treatment should not be provided to him
anymore because it would not affect him (Spencer, Cooper & Milton, 2014). Edward does not
have awareness regarding his surroundings and there is no possibility of Edward’s recovery.
However, Edward’s mother thinks health service providers should not stop giving Edward
medical treatment. She believes Edward should be provided with every opportunity to survive
and he needed to stay dependent on the health care organisation. Edward’s mother can do
everything which is needed to continue his treatment and make him alive.

CASE STUDY ON LEGAL AND ETHICAL ISSUES 7
Ethical issues
1. Discussing identification and application of two principles related to the
case study:
In ‘Universal Declaration on Bioethics and Human Rights’, it is written that UNESCO developed
some principles related to ethics. One major principle is that any medical and diagnostic medical
intervention should be performed to service users if service user gives informed and free consent.
The person needs to be involved in the process to a great extent and take decision regarding the
medical treatment. However, they should provide medical treatment only if service users give
consent. Service users should be given adequate information in a form and it must include
modalities for consent withdrawal (Hovorka et al. 2014). Consent can be withdrawn by service
user at any point of time and for any kind of reason. Scientific research must be done in
accordance with informed and free consent of the service user. When a service user does not
want to give consent, authorisation of medical practice and research must be done by health
professionals with reference to the person’s best interest. In case of Edward, the service user
does not have the capacity to take decision as he is in diabetic coma. On the other hand, it is very
important for health professionals to take his consent and provide him medical treatment. It is the
only way to save his life and prevent him from any kind of damage to health.
2. Understanding conflicts between the principles regarding various values of
every stakeholder:
In case of Edward, conflicts two different principles are noticed. Edward does not have a health
condition so that they can give content of medical treatment. He cannot take decision because he
is in diabetic coma. On the other hand, health professionals want to provide medical treatment to
Edward as it is the only way to save his life and prevent any kind of damage related to his
condition of health (Krasuska et al. 2016). However, it is unethical and unlawful to give medical
treatment to a person without that person’s consent. There are certain reasons related to medical
treatment which allows health professionals to give medical treatment. If the service user’s
parents and domestic partners give consent to medical treatment, health professionals can do
their job. If it is extremely important in order to save service user’s life, health professionals can
save perform treatment.

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3. Application of Kerridge et al. (2013) model to resolve ethical issues:
Kerridge’s model gives seven steps of systematic approach regarding medical treatment. These
seven helps identify some ethical issues and analyse values of those issues. These steps include
ethical dilemma, identification of facts, requirement of information, ethical principles, conflicts
of ethics and taking ethical decision (Pouwer, Nefs, & Nouwen, 2013). When health
professionals provide health service, they often face various types of ethical dilemma. They also
need to identify certain facts related to medical treatment. Some important information is also
needed to perform their duties. Health principles need to keep in mind some principles related to
treatment. Sometimes conflicts occur in health organisation at the time of providing health
service. They need take decision in a way which does not show disrespect to ethics.

CASE STUDY ON LEGAL AND ETHICAL ISSUES 9
Conclusion
In this assignment, the case study of Edward is discussed and various aspects of his medical
treatment are thoroughly analysed. Edward is a 37-year-old man who is in diabetic coma. At
first, health professionals thought he would be able to survive with the help of their treatment.
However, later he was not responding to medical treatment anymore and there was no sign of
improvement. Various legal issues and ethical issues are thoroughly analysed in this study. In the
section of legal issues, legal authority, legal obligation and legal consequences are understood. In
the section of ethical issues, different principles related to ethics of medical treatment are
described.

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