Examining Ethical and Legal Issues in Healthcare through Case Studies

This report provides an in-depth analysis of ethical and legal issues in healthcare through the examination of two case studies. The first case explores the violation of patient autonomy and informed consent, highlighting the importance of respecting patient demands and the legal implications of di...Read More

Individual assessment

Table of Content.
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Case 1 ..........................................................................................................................................1
Case 2 ..........................................................................................................................................3
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................6

INTRODUCTION
Nurses and mid wives must be accountable while providing care to the patient.
Accountability is the key which enhance the trust or support between the patient and care
provider including nurse, midwives and other health professionals which cultures their
responsibility towards care. Code of ethics provide care provider the path under which care
provider must nutriment patient while ensuring that patient demands are being fully
accomplished in deepen manner. These guidelines inform caregivers a demeanour which they
need to follow to treat every patient in equitable manner regardless of religion, gender or sex
they belong to while protecting their rights. Report will cover primarily the case study under
which ethical principles, legal requirement and implication are being discussed. It will also
cover the role of contemporary professional ethical professionals and reflective decision making
which will support the individual to analyse their actions outcome (Cowin and et. al., 2019).
MAIN BODY
Case 1
Contemporary professional ethics are personal and cooperate standards which need to be
followed by the care provider when they are treating patients. They are conception which
provide them ethical platform to perform their action in professional manner while handling
patient. Prime principle of contemporary professional ethics are autonomy, beneficence,
maleficence and justice. Case study one involves student nurse, Registered nurse, the
professional and the patient. The case here is theme behind is violation of patient demand. In this
case the patient has refused student assistance and observation during their therapy instance but
student mentor has asked them to proceed for procedure as patient will not able to interpret their
presence under anaesthetics.
Autonomy is professional approach used by the health care professionals where their
responsibility is to utilise their professional knowledge effectively in treating patient by making
accurate decision-making. Here the patient also has the right to take decision for their own
health. They can interpret patient demand while having effective communication while
respecting their beliefs. Informed consent with truth-telling is the principle of autonomy which
his need to be followed by the nurse which his characterised as the more important approach then
providing appropriate treatment and intervention to the patient. The role of informed consent in
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medical procedure is to make patient comprehend to take their own treatment decisions
capability while having transparency in treatment. Nurse must be legal and accountable for
accepting the patient demands that who will perform the treatment and its associated risk. In
context to case patient demands were been desecrated by professionals which might bring
hindrance in patient care. This action by the nurse might hurt the personal safety of patient and
might also enhance the chance of patient dissatisfaction and associated infection related to
procedure. Beneficence is action where provider must need to act in kind manner while
respecting the patient demand. In this scenario it is being breached as professionals ignored the
patient demand of restricting student entry during their procedure. Nurse must respect patient
demand as it might lead to non-compliance which cut down patient health outcomes (Cox and
Best, 2022).
Respect is treated as an essential component to create healthy environment where patient
might feel cared and safe by the care provider as when not maintained it will affect patient
recovery in negative manner. Code of conduct is the legal requirements or the professional
behaviour in practise setting which are need to be fulfilled by all nurses and midwives in
Australia. These codes the specific guidelines or standards which all nurses and midwives are
need to adopt while they treat patient. Since, in context to the case patient request has been
neglected by the supervisor which is respecting their patient demand and valuing their beliefs.
Value statement 2 and 1 under International Council of Nurses (ICN) code of ethics is been
violated through case by care provider. However statement 2.9 and 2.10 which states nurses
should maintain individual consent and rights to access their public health while safeguarding
them from being midgrade with misuse and exploitation. In context to the case, nurse has
overlooked patient consent which is a unethical approach taken place while proceeding patient
health on a deepen risk (The icn code of ethics for nurses, (2021)). Code 1.4 suggest that nurse
must nurses need to hold patient information confidential while respecting their views accurately
but patient information disclose has been performed by nurse during the procedure where they
have allowed student. According to NMBA code of conduct, case has abused 1.2, 2.2, 2.3 and
3.2 (Code of conduct for nurses, (2018)).
The rights of the patient have been breached along with their confidentiality, therefore, it
is important for the student nurse to report this case to higher authorities. The hospital
administration is bound to take proper legal action on this issue under health protection
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information act 2002(HRIP ACT). When strict actions are not taken by the legal authorities of
the organisation this might reduce their quality of care and defame their share in market as
patient care is being exploited by the professionals. The patient itself can file for a compensation
as informed consent given by the patient have been violated and dismissed under the privacy and
personal protection act 1998 (PPIP Act). The importance of informed consent is crucial to be
acknowledged by health professionals as per law and legislations (A guide to privacy laws in
NSW, (2019)). This practice will be termed as medical malpractice on the doctor's part.
Therefore, the doctor can be charged with negligence towards patient care which may have
serious implications as the student might be inexperienced.
The medical practitioner will also be charged with disclosure of private information along
with putting the safety of patient at a high risk under tort law. However breaching of patient
request is primarily the ignorance of patient demand while risking their health into inexperienced
student is a obligation of the patient right. Under medical negligence law professionals need to
award patient with cost of expenses during the care and domestic assistance while providing
them additional loss of income to the patient (Suing a Doctor, (2019)). Professionals including
nurses, midwives, student practitioner and other health care provider must need to maintain
ethical principles while they provide care to the patients. They are also need to follow the
professionals codes and laws standard in their clinical setting.
Case 2
Professional contemporary ethics are ideology which are accredited belief which are need
to be followed by health care provider when they perceived care to the patients. This case study
primarily is about rural care facility where two students are being posted in quarters for the
shifts. But one of the student has came in care setting under the influence of alcohol to complete
their shift instance. Other student has decided to confront them for their misconduct but the
intoxicated student is manipulating with the course that they can’t afford the course and learning
again. In context to the case, treating patient in intoxicated manner which is symbolise as the
contemporary ethical issues for which the lawful actions are need to be taken by the student. This
case includes the rural care facility, nursing students and the university. After being warned ones
by colleague, then also health care provider has came for duty intoxicated mode (Birks and et.
al., 2018).
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Non-maleficence is a fundamental pillar of ethics which states that while providing care
to the patient, medical practitioner should make sure that there is no harm to be provided to
patient in direct or in-direct manner. Before providing care to patient its associated risk or
complication are need to be analysed accurately by the provider ot ensure the patient safety. But
this case has found to commit the maleficence for the patient as this behaviour of practitioner
might impact the patient health in destructive manner. However, this irresponsible behaviour of
practitioner towards the patients is represent as the medical negligence. Medical negligence is
primarily symbolise as the medical malpractice where due to carelessness of healthcare provider,
in any sense the patient health is at any risk then strict actions are being taken by the health
authorities.
Legal requirement are the code of ethics that are need to be followed by the nurses and
midwives professionals when they are on duty to provide patients the enriched care and
satisfaction. These code of conduct are valid for every nurses irrespective of any professional at
any level. Serious failure of these ethics by the nurses and midwives are been considered as
unsatisfactory professional satisfaction These Ethics outlines the nurses and health care
professionals profession commitment while respecting, promoting and protecting the
fundamental rights of the patients who under supervision of them. However, patient are begin not
treated in fair manner while the healthcare professionals and their rights are being violated by the
provider. Legal requirements in context to case which are not been followed student has not
fulfilled principle 1- the legal compliance element 1.1 and 1.2 under the NMBA code of conduct.
1.1 symbolise that practitioner need to followed the desired standard in accurate manner and 1.2
states that nurses practise should not be engaged with any unlawful practise that might deprive
patient health. This lawful behaviour might low-down their productivity and duty towards the
patient. It also violate principle 4 professional boundaries in this case (Code of conduct for
nurses, (2018)).
For this involuntary behaviour of the practitioner, patient or their family member can
directly complain to health authority through Civil liability act 2002 (Civil Liability Act 2002 No
22, (2022)). Under which when the doctor perform their action in casual manner while
neglecting the guided standards then patient has the right to inform this to authority where the
strict actions are being taken place for the patients(Medical negligence, (2020)). When the high
standard of these care is not provided to patient which is represent as the medical negligence,
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hospital negligence and the nursing negligence. It totally depend at which magnitude dose patient
has possessed the law due to these malpractice of nurse student. They are being punished when
due to their assistance there is any physical loss, emotional loss due to altered carelessness in
treatment or patient has beer with economic loss then practitioner is required to provide the
compensation to patient or their family member under medical negligence law (Medical
Negligence Law in Australia, (2019)). When due to carelessness of the practitioner, the patient
posses the physical suffering or discomfort to execute action then they can claimed against them
through personal injury (liabilites and damages) 2003.
Medical malpractice occur when healthcare provider either neglects to provide accurate
care or insensitive actions are being carried when care treatment is being handed which might
risk patient health. The unethical action is also being carry out when professional carelessness is
being hired by other colleague. Being a professional the other student should not hide this
misconduct behaviour with their seniors as patient health is at risk which is prime duty of the
provider to safeguard them. Student must be punished for their careless behaviour as they cant
risk patient life inconsiderate behaviour towards their own and other life linked up with their
actions. The standard violator must openly disclosed their action in front of the authorities in
timely manner as to immediately rectify the harm that patient might has suffered due to their
careless behaviour.
CONCLUSION
From the above report, role of contemporary professional ethics are being concluded.
Contemporary ethical beliefs are set of moral beliefs, values that are essential for the health care
provider when the possessed care to patient. They are symbolise as moral principles which
govern the individual behaviour in productive manner which support them to steer public health
actions in optimistic manner. The report recount two case study primarily where the required
ethical actions are being violated by healthcare student, nurses, midwives and healthcare
provider. The report relay the required ethical principles which hare need to be followed, legal
requirement associated with the case and impact of the provider action on organisation and
university.
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REFERENCES
Books and Journals:
Cowin, L.S., Riley, T.K., Heiler, J. and Gregory, L.R., 2019. The relevance of nurses and
midwives code of conduct in Australia. International nursing review, 66(3), pp.320-328.
Cox, L. and Best, O., 2022. Clarifying cultural safety: its focus and intent in an Australian
context. Contemporary Nurse, pp.1-11.
Birks, M., Smithson, J., Lindsay, D. and Davis, J., 2018. How registered nurses determine their
scope of practice: a cross-sectional study. Contemporary nurse, 54(6), pp.578-591.
ONLINE:
A guide to privacy laws in NSW, (2019) [Online] Available through
https://www.ipc.nsw.gov.au/guide-privacy-laws-nsw
Civil Liability Act 2002 No 22, (2022) Available through <
https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2002-
022#:~:text=An%20Act%20to%20make%20provision,claims%3B%20and%20for
%20other%20purposes.&text=This%20Act%20is%20the%20Civil%20Liability%20Act
%202002. >
Code of conduct for nurses, (2018) [Online] Available through
https://www.studocu.com/en-au/document/australian-catholic-university/health-care-
ethics/nusing-and-midwifery-board-code-code-of-conduct-for-nurses-1-march-
2018/17416995
Medical Negligence Law in Australia, (2019) [Online] Available through
https://www.solicitoradvice.com/medicalnegligence.htm#:~:text=This%20is%20based
%20on%20the,a%20civil%20action%20for%20negligence.
Medical negligence, (2020) [Online] Available through
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7413923/#:~:text=To%20prove
%20negligence%2C%20the%20plaintiff,that%20is%20%E2%80%9Creasonably
%20foreseeable%E2%80%9D.>
Suing a Doctor, (2019) [Online] Available through https://www.solicitoradvice.com/suing-a-
doctor.htm
The icn code of ethics for nurses, (2021) [Online] Available through <
https://www.icn.ch/system/files/2021-10/ICN_Code-of-Ethics_EN_Web_0.pdf >
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