Ethicolegal Challenges in Aged Care: A Nursing Perspective Report

This report addresses an ethicolegal dilemma encountered in aged care, focusing on a situation where an elderly patient refuses medical treatment. The report explores the ethical considerations, particularly the conflict between respecting patient autonomy and ensuring their well-being (beneficence). It also examines the relevant legal aspects, referencing the Human Rights Commission Act 1986 and the Aged Care Act 1997. The analysis highlights the importance of effective communication, family involvement, and the nurse's role in navigating these complex issues. The conclusion emphasizes the need for nurses to maintain a therapeutic relationship with patients and adhere to ethical and legal guidelines to provide safe, patient-centered care, especially in the context of aged care. The report provides valuable insights for nursing students and professionals on managing ethical dilemmas within the healthcare setting.

INTRODUCTION
Aged care is one of the most important process. Inter-
professional collaboration and the communication skills along
with the patient centred care approach would be the skills and
competences a nurse require in terms of the aged care
providence. Hence, on this context it can be stated that the
nursing skills and competences are very much effective in the
process of the aged care providence. It has been seen that the
Australian population is now comprised with a large amount of
aged people. Hence, the aged care is one of the most important
aspect in health care settings as well. Thus, it can also be found
that the aged care facility should be focusing on providing
support to the patients with proper legal and ethical
considerations (Myburgh et al. 2016). On this context it can
also be found that the process of aged care is comprised with
many different aspects and considerations. Hence, following all
the legal and ethical concerns are required to be prioritized in this
process of care of the specific targeted people.
ISSUE
Aged care is one of the intrigue processes and it considers many aspects.
Now, if the scenario highlights that the patient is above 80 years old and
hospitalized for his sudden chest pain. The doctor diagnosed him and
found that he needs to be operated. However, the doctor also considered
that medication administration and observation for at least 3 days would
be important before operation. Hence, the registered nurse is employed for
the observation of the patient and managing the medication of the patient
along with other clinical factors. However, the nurse had found it very
difficult to properly administer medicines at time and helping the patient
take food or saline as the patient was not cooperative and did not want to
take any kind of treatment or support the nurse was offering. It has been
seen that communication and empathy was not even working as the patient
was not fond of communicating and very much self-centred as he had
stated that ‘I don’t need any help, just leave me alone’. However, the nurse
tried to communicate with the patient and let him know how much
important is the medicine, food or saline for his health. Despite of all the
possible tries of the nurse the patient refused to take the support and
required treatment. Hence, it is one of the ethical dilemmas faced by the
nurse and also the context of legal breaching is present in both ways such
as using force to administer medicine and not administer medicine as well.
Hence, the issue can be classified as an ethicolegal situation for the nurse.
ETHICAL CONSIDERATION
Ethical consideration of this issue is that the nurse should be focusing
on the privacy and the autonomy of the patient with priority. Thus,
the nurse cannot and should not force the patient for the medication
and other aspects as well. If the nurse forces him for these aspects the
ethical breaching would take place. However, if nurse consider the
factor of the well being of the patient then the beneficence of the
ethics is to be considered with priority and thus the nurse should be
able to consider it as well (Kalogianis et al. 2016). On this context
it can be seen that if the nurse focuses on the autonomy and privacy
of the patient and leave him as he wants to be alone then these
aspects of ethics can be maintained. However, the most important
aspect for the patient that is the wellbeing or the beneficence of the
patient would be breached and if the nurse follows this ethics then the
autonomy would be breached. Hence, the nurse should be able to find
out a way to mitigate the issue without breaching the nursing ethics.
On this context it can be found that the nurse can use effective
communication skills that are the active listening, positive
communication, empathy implementation and non-verbal
communications. Moreover, the nurse can seek help from the family
members of the patient. Other than all these the nurse should also
inform doctor about the condition before taking any step as the nurse
does not have the right to work or decide on their own what is good
for the patient. However, for maintaining the beneficence the nurse
should focus on these earlier mentioned aspects (Vryonides et al.
2015).
LEGAL CONSIDERATION
On the other hand, the aspect of the legal issues is also present in
this situation. The Human Rights Commission Act 1986 would be
effective on the context of freedom and effectiveness of the will
of every citizen of the country (Legislation.gov.au 2019). Thus,
as per this legislation the patient has all the rights to not take
medicine and avoiding any kind of interaction as well. Hence, the
nurse imposing the treatment over the patient would also be
breaching the law as well. Moreover, as per the Aged Care Act
1997 the nurse should be focusing on the effective and
beneficiary aspects of the patient and not try to avoid the patient
as well (Legislation.gov.au 2019). Hence, here, also the dilemma
is present and the nurse should be focusing on both the
legislations mentioned for the effective care providence to the
patient. Thus, the nurse should implement the family support and
effectively focus on the aspects of making the patient listen to all
the aspects of care and accept the care as well. Thus, the focus of
the nurse should be giving the patient all the support he needs
along with following all the aspects of the legal and ethical
considerations.
CONCLUSION
Based on the above context it can be concluded that the factor of
the ethics and the legal rights of the patients should be followed
and maintained for providing the safe and patient centred care.
However, the cases of ethical dilemma should be handled with
knowledge and skills of the nurses as well. Thus, it can be stated
that the focus of the nurse should be maintaining a therapeutic
and professional relation with patient and the family members of
the patient and not breaching any kind of ethicolegal aspects of
care. More importantly in case of the aged care the nurses should
follow all the rules and regulations as the aged care is one of the
main factors in the care facility providence in many countries
along with Australia. The factor of the ethics and legal
considerations should be effectively taught to the nursing students
and also the nurses should be able to develop the knowledge
about the processes through experience.
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