Negligence and Informed Consent: HME 711 Health Law & Ethics Deakin

This essay provides a comprehensive analysis of the ethicolegal issues surrounding negligence and informed consent in the Australian healthcare system. It begins by outlining the key features of the Australian legal system pertinent to healthcare delivery, including the Public Health and Wellbeing Act 2008, the Australian Medical Association (AMA), and the Australian Health Practitioner Regulation Agency (AHPRA). The essay then delves into the main concepts and principles of health law and ethics, such as autonomy, justice, confidentiality, beneficence, and non-maleficence. It identifies negligence and the requirement for informed consent as major ethicolegal challenges, particularly concerning accessibility to care and patient autonomy. The study critically analyzes these issues, examining relevant policies, practices, and research, and presents arguments for and against various perspectives, referencing evidence from studies on clinical negligence and patient-centered care. The essay concludes that addressing medical negligence and ensuring informed consent are crucial for fostering a responsive, high-quality, safe, and patient-centric healthcare delivery model.

Running head: HEALTHCARE LAWS AND ETHICS
Healthcare Laws and Ethics
Name of the Student
Name of the University
Author Note

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Contents
Introduction................................................................................................................................3
-key features of Australian Legal system pertinent to healthcare delivery:...........................3
-main concepts and principles of health law and ethics:........................................................3
-major ethicolegal issues in healthcare delivery:...................................................................3
-negligence and informed concept in healthcare:...................................................................3
-aim of the study:...................................................................................................................4
Exposition of an issue in health service delivery:......................................................................4
-outline of the issue................................................................................................................4
-key principles and concepts associated with the selected issue............................................4
-relevant policies....................................................................................................................5
-relevant practices..................................................................................................................6
-relevant evidences.................................................................................................................6
Critical analysis of the issue:......................................................................................................7
-analysis of concepts, principles, arguments, policies, practice and research........................7
-strengths and limitations.......................................................................................................8
-conclusions drawn.................................................................................................................9
Argumentation:..........................................................................................................................9
-reference to evidences...........................................................................................................9
-alternative opinions on the issue.........................................................................................10
-counter argument to the main ideas presented....................................................................11
Conclusion:..............................................................................................................................11

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Reference:................................................................................................................................13

3HEALTHCARE LAWS AND ETHICS
Introduction:
-key features of Australian Legal system pertinent to healthcare delivery:
The Public Health and Wellbeing Act 2008 guides the Australian healthcare delivery
system in terms of protection of the wellbeing of the people from infectious diseases and
actions related to the notification of the government in case of a notifiable disease. The
Australian Medical Association (AMA) and Australian Health Practitioner Regulation
Agency (AHPRA) also provides guiding framework for healthcare delivery (Australian
Health Practitioner Regulation Agency 2019; Australian Government Department of Health
2019).
-main concepts and principles of health law and ethics:
The main concepts and principles of health law and ethics includes a) upholding the
main principles of healthcare practice b) compliance to the professional standards of practice
c) maintenance of the healthcare code of ethics which includes protecting autonomy, justice,
confidentiality, beneficence and non-malefiscience of the patient. These concepts ensure safe,
ethical and quality service delivery (Australian Medical Association 2019; Hiriscau et al.
2014).
-major ethicolegal issues in healthcare delivery:
Different ethicolegal issues that are associated with healthcare delivery include the
responsibility of the healthcare providers to maintain accessibility, confidentiality, privacy,
safety and autonomy of the patients. These ethocolegal perspectives are protected by the
Healthcare Policies and Code of Ethics for Nurses and Healthcare Professionals (Martin
2014; Australian Government Department of Health 2019).
-negligence and informed concept in healthcare:

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The main ethicolegal challenge in healthcare delivery system for healthcare
professionals and nurses in the avoidance of patient negligence (thereby ensuring
accessibility to care services) and taking informed consent from the patients (thereby
supporting autonomy of the patients). Such considerations are especially significant in cases
of public healthcare concerns such as outbreaks of communicable diseases (Australian
Government Department of Health 2019).
-aim of the study:
The study aims to discuss and critically analyse the ethicolegal issues related to
negligence and informed consent of the patient and understanding the principles, concepts,
arguments, practice, policies and research that can be related to the issue.
Exposition of an issue in health service delivery:
-outline of the issue
The issue discussed in the study is associated with negligence and informed consent
of the patient. Negligence is considered as a form of medical malpractice in which the health
and wellbeing of the patients can be adversely impacted due to incorrect treatment,
misdiagnosis or an untimely treatment of the patient. Informed consent refers to the practice
of taking consent from the patient after providing complete information to them (including
the costs, benefits and risks of treatment and possible alternatives and expenses), thereby
allowing them to take an informed decision about giving consent for a medical
intervention/treatment (Australian Health Practitioner Regulation Agency 2019).
-key principles and concepts associated with the selected issue
Medical Negligence can include several elements which can cause adverse effects on
the health and wellbeing of the patients. These elements include 1) the duty of healthcare

5HEALTHCARE LAWS AND ETHICS
professionals to provide responsible care, 2) breach of patient’s trust through culpable
omission or an act, 3) damage to the wellbeing of the patient due to a culpable omission or an
act, 4) causing harm or injury. According to the Medical Board of Australia and Australian
health Practitioner Regulation Agency, negligence is the avoidance of the duty of healthcare
professionals to provide care for the patients (Australian Medical Association 2019).
Informed Consent can be understood as a fundamental aspect of Australian
Healthcare laws and policies. This involves the legal obligations of healthcare providers to
develop trust among patients by sharing with them relevant information regarding their care
delivery and support their decision making process in order to take consent from them
(Professional Standards Council Australia 2019).
-relevant policies
The Australian policies related to medical negligence and obtaining informed consent
of patients include:
 Public health and Wellbeing Act 2008
 Australian Medical Association (AMA) policies
 Australian Health Practitioner Regulation Agency (AHPRA) policies
 Australian Medical Association Code of Ethics
 International Council of Nurses Code of Ethics
 International Human Right Act
 Professional Standards Council Australia (2019) policies
 Australian Government Department of Health policies
 Policies on Notifiable health problems
 Professional Codes of Nursing and Midwifery Board of Australia (NMBA)

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(Australian Government Department of Health 2019; Australian Health Practitioner
Regulation Agency 2019; Australian Medical Association 2016; Professional Standards
Council Australia 2019)
-relevant practices
Medical practices where the issues of medical negligence and obtaining informed
consent of the patient are relevant concerns include:
 Private practice
 Group Practice
 Employed Physicians practice
 Independent Nursing Practice
 Hospital Based practice
 Residential (or home based) practice
 Emergency Medical Practice
 Locum Tenens
(Australian Government Department of Health 2019)
-relevant evidences
Medical negligence of the patients can be evidenced by the following:
 Signs of injury among patients
 Deterioration of their physical or mental health’
 Loss of weight and appetite
 Development of psychological health issues
 Missed diagnosis, medications or interventions
 Incidents of fatalities among patients outside critical care unit.

7HEALTHCARE LAWS AND ETHICS
Evidences below can show that informed consent has been obtained from the patient:
 Knowledge about the current health condition
 Knowledge about treatments and their alternatives
 Knowledge about the advantages and disadvantages of the treatments
 Knowledge about healthcare expenses and financial responsibilities
 Knowledge about the care plan
(Australian Government Department of Health 2019; Parmeter et al. 2018)
Critical analysis of the issue:
-analysis of concepts, principles, arguments, policies, practice and research
Concepts: The concepts of healthcare delivery imply the providence of healthcare services in
a manner that is accessible and safe and maintains quality of service for the patients. This
also includes providence of timely intervention and treatment for the patients (Chandler et al.
2016).
Principles: Healthcare delivery and nursing profession uses the ethical principles of justice,
autonomy, beneficence, non-malefiscence and accountability. These principles aim to foster
the wellbeing of the patients though effective behaviour of the healthcare providers (Addis et
al.2019).
Arguments: According to Wakerman et al. (2017), issues such as negligence can directly
cause adverse impacts on the health and wellbeing of patients through inappropriate,
inaccurate and untimely treatment and interventions or failing to pr9ovide correct
intervention on time. Chandler et al. (2016) also added that failing to take informed consent
restricts the knowledge of the patient and makes decisions about their care delivery
complicated and confusing for patients (Hiriscau et al. 2014).

8HEALTHCARE LAWS AND ETHICS
Policies: Healthcare policies outlined by NMBA, AMA, AHPRA, and ASCA outlines the
responsibilities of the healthcare providers to share all relevant information about care plan
and care delivery as well as alternate care strategies and their costs and impacts to be shared
with the patients and care givers. The policies also outline the responsibilities of the
healthcare workers for timely and accurate treatment and intervention for the patient to
prevent any acts of medical negligence (Professional Standards Council Australia. 2019).
Practice: The practice of safe and quality healthcare service provision and maintenance of
safe and quality practice for the patient supports better service provision though timely and
effective treatment and intervention, avoiding medical negligence of patients and designing
care plans based on the needs, expectations and experiences. This requires the patients to be
supported with adequate information and thus helping them to make informed decisions
(Australian Medical Association 2016).
Research: Research on elderly care and palliative care shows that timely and responsive
treatment can significantly improve the life expectancy and overall wellbeing of the patients.
Other studies have suggested that through informed consent, ethical responsibilities of
healthcare professionals towards the patient can be ensured (Brooks 2017).
-strengths and limitations
Strengths: Breen and Weisbrot (2015) pointed out that by addressing the necessity to prevent
medical/clinical negligence and supporting informed decision making of the patient (taking
their consent) can help to improve the sense of independence, justice and autonomy of the
patient and helps to keep patient’s concerns at the centre of the care design (Cockburn and
Butler 2018).

9HEALTHCARE LAWS AND ETHICS
Limitations: Even though taking informed consent is an important consideration it also
requires educating the patients about their care, making sure they understand the treatment
process, its impacts and costs as well as alternative care strategies that the patient can choose
from (Hiriscau et al. 2014). This can often be time consuming and require a lot of patience
from the healthcare professionals who are in most cases very busy people (Foley and
Christensen 2016).
-conclusions drawn
From various studies on healthcare, it can be concluded that focusing on the
avoidance of medical neglect and ensuring informed consent from the patients can help to
support their health and wellbeing by fostering the development of a more responsive, high
quality, safe and patient centric healthcare delivery model for the patient. These aspects have
allowed such considerations very important in healthcare delivery systems and thus promote
the overall health and wellbeing of the patients (Foley and Christensen 2016; Hiriscau et al.
2014).
Argumentation:
-reference to evidences
Studies by Foley and Christensen (2016) shows that clinical and medical negligence
of patients by healthcare providers can significantly impact the health and wellbeing of the
patients increase their time of stay in the hospital, increase risks of additional health problems
and health complications while under care, as well as increase risks of disabilities and
fatalities among the patients. Cockburn and Butler (2018) also suggested that neglecting the
care needs of the patient can also cause emotional stress, adversely affect the quality of life of
the patients and also erode the trust on healthcare system. Furthermore, according to Breen

10HEALTHCARE LAWS AND ETHICS
and Weisbrot (2015), a timely and responsive delivery of care can also help to develop
therapeutic relation with the patients, which can also support their health and wellbeing.
According to Grady (2015), obtaining informed consent for clinical treatment for the
patient supports their autonomy in their care decisions, helps to set up patient defined goals
for treatment or intervention and also supports compliance to healthcare policies and
standards of practice. Furthermore, Katz et al. (2016) also suggested that taking informed
consent increases the involvement of the patients in the care plan design, increases
underst6anding and accessibility to more care options, involve experts in healthcare delivery
for the care of the patients, and also helps to contribute to the advancement of knowledge in
medical research, studies and scientific knowledge (Spatz et al. 2016; Mumford 2018).
-alternative opinions on the issue
Negligence: It has been alternatively suggested by Mohd and Jacob (2017), that medical or
clinical neglect of patients can erode the trust on healthcare organizations and services among
the patients. According to Whittaker et al. (2017), medical negligence not only reduces
accessibility to care but also affects the health seeking behaviour of the patients. Intentional
medical neglect can also be caused due to prejudices and discriminatory behaviour among
healthcare professionals (Kane and Calnan 2017).
Informed Consent: According to Grady (2017), informed consent taking not only supports the
autonomy of the patient, but also improves their knowledge about their health condition and
therefore helps them to take actions to protect their own wellbeing. However, Milligan and
Jones (2016) and Benson et al. (2016) posited that in case of public health emergency
concerns, such as outbreaks of communicable diseases (also called reportable diseases), the
primary responsibility of healthcare providers shifts from keeping the patient at the centre of
the care design to protecting the public from further spread of the disease. This can also

11HEALTHCARE LAWS AND ETHICS
involve keeping the person in isolation/quarantine, which can hinder the autonomy and sense
of freedom among the patient (Sawicki 2017).
-counter argument to the main ideas presented
Even though the prevention or avoidance of medical neglect of the patient can help to
improve the health and wellbeing of the patients, it must be noted that the patient’s health and
wellbeing are not determined by this aspect alone but also influenced by several other
considerations such as effectiveness and efficacy of treatment, existing health conditions of
the patient, accessibility to care, physical and emotional state of the patient as well as various
other social determinants of health (Foley and Christensen 2016).
As per Katz and Webb (2016), even though taking informed consent from patient
helps to keep the concerns and expectations of the patient at the core of the care process, it
should also be supported with an effective care delivery process to ensure effectiveness of
healthcare system. It is also important that the autonomy of the decisions should be further
supported further by involving the family or primary care giver of the patient with the
relevant information and developing a therapeutic relation with the patients (Spatz et al.
2016).
Conclusion:
Healthcare delivery system of Australia is significantly influenced by the Australian
legal systems and policies that guide healthcare organizations on effective healthcare delivery
for patients. The main objectives of the laws and policies governing healthcare delivery is to
ensure that the principles of healthcare delivery are upheld, complying to the medical
standards and policies of practice, maintain the professional codes of conduct by healthcare
professionals and also maintain the patient’s autonomy, accessibility to care, justice and

12HEALTHCARE LAWS AND ETHICS
prevent any harm to the patient. Issues such as ensuring informed consent of the patients and
preventing medical negligence are two of the most significant ethicolegal Issues pertaining to
healthcare delivery systems. In the study, the main laws and policies of Australia that are
associated with medical practice, especially in the context of these two ethicolegal issues
have been analyzed. The key principles and policies associated with the issue, the relevant
policies, practices and evidences have been outlined that can affects these concerns and a
critical analysis of these issues have been done based on evidence from academic literature.
From the study it can be concluded that for healthcare professionals, prevention of
medical negligence and taking informed consent from patient not only helps to maintain the
health and wellbeing of the patients, but also fosters trust on healthcare system among
patients.

13HEALTHCARE LAWS AND ETHICS
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