Healthcare: Ethical, Legal, and Professional Issues Report

This report delves into a healthcare scenario involving a patient, Mary, who experienced mistreatment from a nurse, leading to ethical, legal, and professional concerns. The report identifies key facts, including the patient's discomfort and the nurse's actions, which resulted in physical harm and emotional distress. It examines consent issues, emphasizing the patient's right to informed decision-making and the potential for assault when consent is not obtained. Legal issues such as violation of patient rights, professional misconduct, and adherence to medical standards are discussed, referencing relevant laws and regulations. Ethical principles like respect for autonomy, non-maleficence, beneficence, and justice are analyzed in the context of the case, highlighting conflicts between these principles. The report also addresses professional issues, particularly the violation of ethical codes of practice, and suggests documentation and reporting procedures. The conclusion emphasizes the need for ethical conduct and professional standards in healthcare, recommending further action and support for the patient.

Will upload guidelines
and rubric
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CONTENTS
Contents...........................................................................................................................................2
1. INTRODUCTION.......................................................................................................................3
2. IDENTIFY THE FACTS.............................................................................................................3
3. CONSENT -.................................................................................................................................3
4. LEGAL ISSUES –.......................................................................................................................4
5. ETHICAL ISSUES –...................................................................................................................5
6. PROFESSIONAL ISSUES –.......................................................................................................6
7. CONCLUSION............................................................................................................................6
REFERENCES................................................................................................................................7
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1. INTRODUCTION
In health care sector it remain crucial to deliver services within the boundary of standard
and codes which are being decided for the medical representatives to provide better serves to
patient. The main purpose of report is to gain knowledge about several kind of principle related
with professional nursing practices along with ethical and legal practices to be consider while
performing services (Pozgar, 2019). This knowledge will further support in taking up the legally
and ethically sound decision. The structure of current report involve detail about identifying the
facts, consent, legal issues, ethical issues and at last professional issues so that as per appropriate
analysis of these all the conclusion can be drawn.
2. IDENTIFY THE FACTS
As per the case of Mary it has been found that she was frightened because she was not
comfortable with the behaviour that she get from nurse who was on duty. This was the main
reason behind she get incontinent over night as the way she get treated Mary do not want to
being treated in similar manner again that is the reason she do not call for any help. This
situation of Mary involve certain ethical, legal and medical issues which are mentioned below,
Patient relationship: This is the ethical issues involve within the scenarios of Mary as
the health care staffs are required to maintain professional and polite relationship with the
patients (Grigorovich and Kontos, 2018). But in case of Mary she got hurt by nurse as she was
actually pushed to walk instead of providing her with the frame to walk by her own support.
Violation of patient rights: This is a legal issue which is involve within this case of
Mary as a patient have a right to get better access to health care services and being respected by
the staff members. But the nurse who was on duty disrespect Mary and also treated her badly
which in turn led her get hurt and she get the bruising on both of her hand which is not right.
3. CONSENT -
In case of Mary she is a lady who can walk well with the help of Zimmer frame and also
do not have any kind of confusion history as she can manage several things by her own. From
this situation it can be said that she better have the capacity to take up her own decision and also
have the senses to give her acceptance or denial over the treatment provided to them. But the
nurse who was impatient and treated her badly was so rough in her behaviour that the lady get
frightened and due to which she still quite and stop being asking for any help. As per the
Australian law and medical practice an individual have a right to make informed decision
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regarding their medical treatment. But when a practitioner or nurse touches the patient or give a
treatment without their permission then it is consider as assault (Ussher and et. al., 2016). There
are certain forms and legislator requirements that mainly ensures about the following the
informed consents policy with patient are Charter of Rights in Healthcare, the National Safety
and Quality Health Service Standards, the National Framework on Advance Care Directives,
publications on communication with patients and the national codes of conduct of health
practitioners.
4. LEGAL ISSUES –
As per the national law, the health care practitioners are responsible for providing a better
environment to the patients where they get respected and being treated fairly so that they can
provide their consent over the treatment provided to them and can react in positive manner. But
in case of Mary she is a lady who usually walk with the Zimmer frame by her own without the
support of other people (Suhonen and et. al., 2018). Still the nurse who was on night duty take
her to the washroom without that Zimmer Frame and pushes her roughly which actually hurt
Mary and she get the bruising on both of her hand. This is ethically wrong as a person must not
be treated badly when he or she is not physically fully capable. On the other side this is also
wrong as per the medical terms as the registered nurses or other medical staff have no right to
treat the patient badly and harm them in any manner either physically or mentally. Other than
this they are also liable for following the medical standards that are being created under national
law which state that each patient have some basic human right where they must get treated fairly,
respected by the staff members and must be provided with the environment where they can feel
comfortable to stay.
Hence, this case of Mary involves several types of legal issue such as violation of human
right where it is illegal and unethical as per the human right to treat a person unfairly and
harming them in any manner (Thomas and et. al., 2018). In case of Mary she has been pushed so
roughly due to which she get hurt and also get internal injury as she get bruising on both of her
hand. Other than this she was also panic from the behaviour of nurse and do not want to discuss
with other staff members so that she do not get treated in this manner again. Another legal issue
is related with the professional misconduct, as being a registered nurse, this is her duty to support
the patient and take care of them as well as try not to hurt them rather provide with an
environment where they feel comfortable. But instead of that, nurse treated Mary wrongly and
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with her action Mary also get hurt physically as well as mentally which was again an legal issues
as that nurse on duty has violet her code of practice which they are required to be follow strictly
within their working premises (Weaver, 2016). As per the case of Mary, the Medical Practice act
1992 (NSW) is consider best fitted for the scenario. As per this law the unsatisfactory
professional conduct for any of the medical practitioner that may include failure to attend or
render the service in appropriate manner to the patient then strict action are required to be taken
by the medical board so that such practice may not repeat in near future.
5. ETHICAL ISSUES –
Ethics are consider to be a significant part of each action taken by the medical
practitioner in order to offer fair and just treatment to the patient. There are mainly four
principles of ethics that are involve within the health care practices which are explained below:
 Respect for autonomy: This principle suggest that the patient must have a right to
expressing the thought, action and intension while making decision about the health care
procedure. The patient must have a informed decision where they know about the risk
and benefit involve within the procedure (Laventhal and et. al., 2017). Hence, for any of
the treatment as well as a medication offered to Mary for resolving her issue of
incontinent over-night, must be firstly discussed with her and if she remain comfortable
then only it must be executed.
 Non maleficence: This principle suggest that any of the medical staff or practitioner
must not make any of the intentional harm or injury to the patient and serve them with
due care and respect (Hemsley and et. al., 2018). The Mary shouldn’t be treated as she
get a behaviour for a nurse as it is unethical, rather she must be serve with respect and try
not get harm in any manner.
 Beneficence: This principle suggest that the health care provider hold a duty to be a
benefit to patient and take positive action for reducing their pain and harm. As in the case
of Mary, being a registered nurse, it is a prime duty to serve her in best possible manner
other than this care her in such a manner that her pain which is aroused due to bruising
can be removed and make her feel more comfortable.
 Justice: The justice within health care is usually about the fairness in treatment which
state that each patient must be treated equally and get equal attention and care as other
patients are having. As per the current scenario to implement this principle the registered
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nurses must focuses toward maintaining equality and justice within the treatment offered
to the Mary as other patients get and must not be treated unfairly and misbehaved by any
of the medical staff.
From the case of Mary, it can be said that the two set of conflict within this situation are non-
maleficence and beneficence (Gibney and et. al., 2017). This is so because it remains the ethical
responsibility of medical staff to ensure that their action must not harm the patient and also take
positive action toward reducing their pain but the act of nurse harm Mary.
6. PROFESSIONAL ISSUES –
The case of Mary where she get an unbearable behaviour from nurse it can be said that it
involve the professional issues of violation of code of ethics for practice. As this involve some
set of ethical codes which are required to be followed that allow a fair and just treatment to the
patients. But as per the scenario of Mary it has been found that the nurse violate the ethical code
nurses and people and its element i.e. Practitioner and manager. This code state that a nurse must
provide care which in turn respect the human right and treat them which remain socially and
ethically right (Brennan and et. al., 2017). So, in order to take action against this behaviour is the
prime responsibility of a registered nurse by making appropriate documentation for complaint.
The documentation is crucial within nursing practice as it help in providing accurate
reflection about the nursing assessment and providing appropriate information regarding eth
actions to be taken. By preparing documentation while discussing with the patient it become
possible to evaluate the whole scenario and make valid decision to take action against such
behaviour.
7. CONCLUSION
From the analysis of above situation it can be said that the behaviour that the nurse
presented in front of Mary was unethical, unprofessional and also not right as per professional
standard. So, the student nurse must discuss this whole case with the senior or mentor under
whom he/she is getting training which is ethically right and professional practices also state the
same. In case the senior do not respond in right manner then the student must discussion it with
eth medical board who remain responsible for taking action toward such kind of issues and also
help in changing the carer or nurse of Mary who provide her with better treatment.
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REFERENCES
Books & Journals
Brennan, F. and et. al., 2017. Time to improve informed consent for dialysis: An international
perspective. Clinical Journal of the American Society of Nephrology, 12(6), pp.1001-
1009.
Gibney, J.M. and et. al., 2017. The oral health status of older patients in acute care on admission
and Day 7 in two Australian hospitals. Age and Ageing, 46(5), pp.852-856.
Grigorovich, A. and Kontos, P., 2018. Advancing an ethic of embodied relational sexuality to
guide decision-making in dementia care. The Gerontologist, 58(2), pp.219-225.
Hemsley, B. and et. al., 2018. Legal, ethical, and rights issues in the adoption and use of the “My
Health Record” by people with communication disability in Australia. Journal of
Intellectual & Developmental Disability, 43(4), pp.506-514.
Laventhal, N. and et. al., 2017. International variations in application of the best-interest standard
across the age spectrum. Journal of Perinatology, 37(2), pp.208-213.
Pozgar, G.D., 2019. Legal and ethical issues for health professionals. Jones & Bartlett Learning.
Suhonen, R. and et. al., 2018. Ethical elements in priority setting in nursing care: A scoping
review. International journal of nursing studies, 88, pp.25-42.
Thomas, L.A. and et. al., 2018. Health, performance and conduct concerns among older doctors:
a retrospective cohort study of notifications received by medical regulators in
Australia. Journal of Patient Safety and Risk Management, 23(2), pp.54-62.
Ussher, J.M. and et. al., 2016. Talking about fertility in the context of cancer: health care
professional perspectives. European Journal of Cancer Care, 25(1), pp.99-111.
Weaver, M., 2016. The double helix: applying an ethic of care to the duty to warn genetic
relatives of genetic information. Bioethics, 30(3), pp.181-187.
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