NUR3020 Assignment 1: Analysis of Elder Abuse, Legal & Ethical Issues

This report provides a comprehensive analysis of elder abuse and carer neglect, focusing on the case of Marcia Clark. It defines elder abuse and carer neglect, identifies key concerns leading to abuse, and examines factors contributing to neglect. The report explores the legal implications of el...Read More

Running head: TRANSITIONAL TO PROFESSIONAL PRACTICE 1
Transitional To Professional Practice
Student’s Name
Institutional Affiliation

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Section One: Patient safety
This is an analysis of the elder abuse along with carer neglect in the Coroner case. To
start with, the Elder abuse is termed as any act which results to harm to an older person and
usually carried out by a known person. On the other hand, it is an intentional act by the caregiver
in a relation involving the expectation of trust which causes risk and harm. Examples of persons
which might cause elder abuse are partners, friends, neighbors, grandchild, son or daughter.
Accordingly, the carer neglect is termed as the failure of the carer to give the life necessities to
the person they are caring and can be either intentional or unintentional (Barnett, Miller-Perrin &
Perrin, 2015).
Some of the key concerns which lead to elder abuse are as highlighted below. The first
one is the chronological age. As an illustration, when a person advances in age, the cognitive and
psychological functioning deteriorates and hence increases the chances of being abused and
neglected. The second factor is the marital status. This implies whereby the married women are
more at risk of being abused. Chronic health problem is also another factor which can cause
elderly abuse and neglect (Mair, 2015). In this case, the older adults with chronic physical issues
are at high chances of being abused and neglected by the caregivers. This is because the
caregivers might be facing stress (Chesterman, 2016).
The cognitive disorders and substance are also factors which might cause elderly abuse.
The older people who servers from diseases such as dementia can tend to behave violently
towards their caregivers especially when the disease is progressing, and this increases the
chances of elderly abuse (Eysenbach & Till, 2016). On the other hand, those older adults who

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drink excessively or abuse substances are highly at risk of being abused physically since they
may behave verbally abusive.
The factors identified by Coroner with the potential carer neglect before Marcia Clark’s
admission to the hospital are outlined below (Zador & Sunjic, 2015). The first one is that Mrs.
Clark had dementia in her past medical history which is one of the factors that can cause her to
be abused and neglected. Accordingly, it is recorded Nadia was unkempt and dirty and seemed
confused about describing her Mother’s history. This implies that she was very much stressed
with her mother's state, therefore, lay less concern on her (Tomsen, 2014).
Mrs. Clark seems to be undergoing physical abuse since it is recorded in the first place
when she was admitted to the hospital was put on a pressure mattress because of the open
wounds and injuries that she was having (Tomsen, 2014). Moreover, there is an abandonment of
abuse since it is recorded when Nadia when for consultation, she left her Mother alone. Mrs.
Clark was also neglected, and the possible indicators of this are the unclean living conditions
such as dirt, urine, and smell. She also had untreated bed sores, and she suffered from
malnutrition and dehydration.
The roles of registered nurse usually vary as per the areas of their expertise. Conversely,
they typically perform critical tasks in promoting the wellness by doing a wide range of services
(Eysenbach & Till, 2016). To start with, the registered nurse should know to educate the patients
along with their families about early recovery along with the ways of diseases. Furthermore, they
have to communicate with the physicians about the patients’ conditions during anesthesia.
Section Two: Legal implications of Elder Abuse

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Explain the legal consequences of elder abuse. How do laws relating to elder abuse work in
practice, for the registered nurse working with families in the community setting?
Elder abuse most often happens in places senior lives, frequently within homes where
Abusers are often adult children, other family members such as grandchildren, or
spouses/partners of elders. It can also occur in institutional settings, mainly long-term care
facilities (Zador & Sunjic, 2015). There are various types of damages which are physical,
emotional, sexual, neglect, or financial. Neglect and commercial exploitation are the most
reported abuse ("Elder justice: Preventing and intervening in elder mistreatment," 2015). The
responsibilities and demands of elder caregiving can also be extremely stressful. The stress of
more aged care can lead to mental and physical health problems that make caregivers burned out,
impatient, and unable to keep from lashing out against elders in their care.
Some of the legal implications of elder abuse are a felony. Someone might be charged
with felony elder abuse if his/her negligence conduct causes an elderly individual to suffer
unjustifiable pain and suffering. This is however punishable by two to four years imprisonment
and a $10,000 criminal fine (Dong, 2015). The implication is the misdemeanor elder abuse
which includes a one year sentence and a $6,000 fine, restitution to the elderly victim and
successful completion of the court-ordered treatment programs. The laws relating to elder abuse
usually work in the sense that if a registered nurse is found guilty of elderly abuse, then he/she is
imprisoned along with significant fines.
Discuss the components of the law that outline the legal role of the registered nurse when
dealing with acts of elder abuse/carer neglect.
Some of the components of laws which outline the legal roles of the registered nurses in
the case of dealing with the activities such as elder abuse or carer neglect areas highlighted

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below. The first component is the duty to provide care as defined by a standard which involves
consideration that has to be given and the nurse has to complete all fall risk assessment for all
clients upon admission as per facility protocol (Zador & Sunjic, 2015). The second component is
the feasibility of harm which involves knowledge that failing to give the proper standard of care
may result to damages to the patients. The nurse should know that failure to take fall risk
precautions may put a client in danger.
Outline the elements that a registered nurse would need to report to advance a complaint
relating to elder abuse.
Some of the elements which can indicate an elder has been abuse are open wounds, cuts,
punctures, untreated injuries within various stages of healing (Dong & Simon, 2016). The
sprains, dislocations along with internal injuries can also indicate elder abuse. Broken
eyeglasses, physical signs of being subjected to punishment along with signs of being restrained.
Furthermore, laboratory findings of medication overdose or underutilization of the prescribed
drugs can also act as evidence to the Registered Nurse (Eysenbach & Till, 2016). If the elder also
reports of being hit, slapped, kicked or mistreated can also help the registered nurse to report a
complaint relating to elder abuse.
What key factors would substantiate this claim in the Coroner Case of Mrs. Marcia Clark?
(Minimum of three references)
One of the elements that would support the application in the Coroner's Case is that Mrs.
Marcia was indeed negligent by her daughter. This is true because her daughter is also recorded
to be disturbed psychological (Zador, Sunjic & Darke, 2014). Furthermore, a few years after her
Mother's death, she was also found death which means that despite her being required to care for
her Mother, she was even sick. The other factor is that Mrs. Marcia never cared for a long period

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before she died as it is recorded that two years down the line she had sacral wounds which were
never addressed.
Section Three: Ethical Issues
Discuss ethical issues relating to carer neglect about the care provided at home by Mrs.
Clark's daughter, Nardia.
Some of the ethical issues which relate to the carer neglect areas highlighted below
(Pickering, Pieters, Mentes, Moon & Phillips, 2015). To start with, because of Nardia's
negligence, Mrs. Clark developed injuries, malnutrition along with infections which resulted in
her death. Furthermore, failure to provide a proper standard of care as related to Coroner's case
in the sense that Nardia did not appropriately care for her Mother and this is shown where the
ambulance of Manning Base Hospital found Mrs. Clark in a very terrible state (Lacey, 2014).
Due to Nardia's negligence, her mother developed a constant pain, suffering along with disability
as it is recorded that one of her legs could hardly function (Jameton, 2013).
Critique the actions of Mrs. Clark's daughter, Nardia and the resulting care provided by
the General Practitioner using the principles of ethics; justice, beneficence, autonomy, non-
maleficence, and confidentiality.
Clark’s daughter did not care for her mother well at some point. As an illustration,
despite staying with her mother, she could help clean her mother’s bedroom. It is recorded that
when the ambulance of officers attended Mrs. Clark's home, they found her lying in a terrible
state. Mrs. Clark was lying in a dirty bed that was wet with urine and feces (Childress etal,
2015). Nardia, her daughter, could not even give her food since she was found dehydrated and

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had muscle wastage. Accordingly, Nardia confirmed to the staff at Manning Base Hospital that
her mother had sacral wound for over seven months and she could not take any step of making
her to the hospital (Pickering, Pieters, Mentes, Moon & Phillips, 2015).
Nardia also seemed to have neglected her mother since she even never gave her mother a
balanced diet. Moreover, it is indicated that Nardia never bothered to attend a local medical
center to discuss her mother's care which was very wrong (Dong & Simon, 2016).
Discuss the role of RN in the General Practice setting when coordinating care for families
caring for loved ones at home.
The roles of registered nurses usually vary as per the areas of their expertise. Conversely,
they typically play crucial roles to promote the wellness by doing a wide range of services. Since
the RN hold the highest nursing position in nursing homes, they are therefore responsible for
overseeing each patient at home and his or her medical history. Accordingly, they are responsible
for making sure that patients receive the best care possible (Dong, 2013).
The RN has to initiate treatment plans along with administering medicine. Furthermore,
they usually give injections, take vital signs and draw blood (Lacey, 2014). Accordingly, the RN
has to monitor their patients to make sure that they are getting proper care. They also have to
interact with the patient's family and report any changes in the patients’ living situations. The RN
can also be in charge of other employees since they possess more training and education than
other nurses. In that case, they usually work as the head nurse in homes

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Discuss the ethical implications of maintaining a safe level of nursing practice that ensures
justice for Marcia Clark and her daughter Nardia, through an obligation of being fair and
respectful. (Minimum of three references)
Some of the ethical implications to maintain the safe level of nursing practices to Marcia
Clark are Beneficence, respect, confidentiality along with the informed consent. As an
illustration, concerning the informed consent, the nurse would have asked for both Nardia and
Marcia Clark before any decision is taken (Decalmer & Glendenning, 2014). The informed
consent usually works on incorporating the rights of autonomous persons via self-determination.
Furthermore, it purposes to prevent assaults on the integrity of the patient together with
protecting people’s liberty and veracity. Respect for privacy can also maintain a safe level of
nursing practices which ensure justice for both Marcia Clark along with her daughter.

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References
Barnett, O., Miller-Perrin, C. L., & Perrin, R. D. (2015). Family violence across the lifespan: An
introduction. Sage Publications, Inc.
Childress, J. F., Faden, R. R., Gaare, R. D., Gostin, L. O., Kahn, J., Bonnie, R. J., ... & Nieburg,
P. (2015). Public health ethics: mapping the terrain. The Journal of Law, Medicine &
Ethics, 30(2), 170-178.
Chesterman, J. (2016). Taking control: Putting older people at the center of elder abuse response
strategies. Australian Social Work, 69(1), 115-124.
Decalmer, P., & Glendenning, F. (Eds.). (2014). The mistreatment of older adults. London: Sage.
Dong, X. (2013). Medical implications of elder abuse and neglect. Clinics in geriatric
medicine, 21(2), 293-313.
Dong, X. Q. (2015). Elder abuse: systematic review and implications for practice. Journal of the
American Geriatrics Society, 63(6), 1214-1238.
Dong, X., & Simon, M. A. (2016). Enhancing national policy and programs to address elder
abuse. JAMA, 305(23), 2460-2461.
Eysenbach, G., & Till, J. E. (2016). Ethical issues in qualitative research on internet
communities. BMJ, 323(7321), 1103-1105.
Jameton, A. (2013). Nursing practice: The ethical issues.
Lacey, W. (2014). Neglectful to the Point of Cruelty; Elder Abuse and the Rights of Older
Persons in Australia. Sydney L. Rev., 36, 99.

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Mair, J. (2015). An introduction to the legal aspects of nursing practice. Contexts of Nursing,
155.
Pickering, C. E., Pieters, H. C., Mentes, J. C., Moon, A., & Phillips, L. R. (2015). Gender,
Relationships, and Elder Abuse: Assessing Aggression in Mother-Daughter Dyads.
Journal of forensic nursing, 11(3), 160-166.
Tomsen, S. (2014). Hatred, murder, and male honor: Anti-homosexual homicides in New South
Wales, 1980-2000. Canberra: Australian Institute of Criminology.
Zador, D., Sunjic, S., & Darke, S. (2014). Heroin-related deaths in New South Wales, 1992:
toxicological findings and circumstances. Medical Journal of Australia, 164(4), 204-206.
Zador, D., & Sunjic, S. (2015). Deaths in methadone maintenance treatment in New South
Wales, Australia 1990‐1995. Addiction, 95(1), 77-84.

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