Analysis of Legal and Ethical Parameters in Nursing Practice Report

This report examines the legal and ethical parameters in nursing practice, addressing key aspects such as the Australian Privacy Act, Health Records Act, and Aged Care Act. It explores ethical considerations through codes of ethics, consequentialism, and deontological principles. The report delves into civil law, including statutes, precedents, and the law of torts, covering negligence, assault, battery, and informed consent. It also discusses nursing theories, clinical incapacity, and legal concepts like false imprisonment, defamation, and vicarious liability. Furthermore, it covers court systems, sources of information, patient consent, coroner investigations, and professional duties. The report also touches upon nursing reports, substitute decision-makers, workplace ethics, and child labor laws in healthcare. The document provides a comprehensive overview of legal and ethical frameworks within the nursing profession.

Apply legal and ethical
parameters to nursing
practice

Table of Contents
INTRODUCTION...........................................................................................................................1
QUESTION 1...................................................................................................................................1
QUESTION 2...................................................................................................................................2
QUESTION 3...................................................................................................................................2
QUESTION 4...................................................................................................................................3
QUESTION 5...................................................................................................................................5
QUESTION 6...................................................................................................................................5
QUESTION 7...................................................................................................................................5
QUESTION 8...................................................................................................................................5
QUESTION 9...................................................................................................................................6
QUESTION 10.................................................................................................................................6
QUESTION 11.................................................................................................................................6
QUESTION 12.................................................................................................................................6
QUESTION 13.................................................................................................................................6
QUESTION 14.................................................................................................................................6
QUESTION 15.................................................................................................................................7
QUESTION 16.................................................................................................................................7
QUESTION 17.................................................................................................................................7
QUESTION 18.................................................................................................................................9
QUESTION 19...............................................................................................................................10
QUESTION 20...............................................................................................................................10
QUESTION 21...............................................................................................................................11
QUESTION 22...............................................................................................................................12
QUESTION 23 ..............................................................................................................................14
CONCLUSION..............................................................................................................................14
REFERENCES..............................................................................................................................15

INTRODUCTION
There are various types of legal rules and regulation imposed on nursing practice which
have to follow by them (American Nurses Association, 2010). Members have to understand their
duties and perform function accordingly.
QUESTION 1
1.1
The Australian law define Privacy Act, 1988 which dealing with privacy. According to
section 14 of this act, it consists number of rights which are called as Information Privacy
Principals. Such rules or rights are apply on Government if Australia also on private sector
companies which contracted with legal authorities. Personal information needs to collected
which are relevant to the agency function.
Australian nursing and Midwifery Federation is an company of workers which is
registered under Commonwealth industrial laws (Billings and Halstead, 2015). Such federation is
coved under Privacy Act, 1988. This organization may collect personal information which are
relevant for them.
1.2
The Health Records Act 2012 is able to protect privacy of people. Through this health
information is able to collect which are beneficial for them. So that, members of nursing
practices have to maintain such rules which are imposed on them.
1.3
According to Aged case Act 1997, members of nursing practice are responsible to
provide high quality of care as well as services which are able to protect health of people.
Through this they provide heath and home care to their clients.
1.4
On the basis of Disability Discrimination Act 1992, it has been stated that members of
nursing practice are not able to discriminate people on the basis of age caste race and religious.
They have to provide proper medial treatment to their clients.
1.5

Criminal Code Act 1995, this law is able to protect health of people and reduce criminal
acts. Person got punished under this this if they conduct any crime and protect their clients from
wrongful act.
1.6
Every members of nursing practice have to provide healthy and safety working
environment to their subordinates (Butts and Rich, 2012). Work Health and Safety Regulation
2011 is able to provide growth and development opportunities to nursing practice.
QUESTION 2
2.1
Code of ethics are able to guide members of nursing practices. Nurses have to accept
such ethics while perform their function as professional. Through this they can protect, promote
and provide best quality of services to people (Goethals, Gastmans and de Casterlé, 2010).
2.2
Ethical issue are created in nursing practices which is able to attract attention but along
with this create stress as well. Through this nurses feel so uncomfortable at the time of
addressing such issues as they encounter in patient care.
2.3
Nursing ethics is stands for set of rules, regulation and policies which contract
performance of nurses on daily basis. They have to comply with accordingly.
QUESTION 3
3.1
Consequentialism is able to define results whether they are right or wrong. Good
consequences are able to create better result which are beneficial for them (Greenfield and
Jensen, 2016). Nursing practices have to opted such methods in order to attain their target and
offer better services to clients.
3.2
Deontological is the moral system which are formed by independent moral duties as well
as rules. It is considered as correct motivation for members. As they have to have to perform
function according to moral duties and rules.

QUESTION 4
4.1
The term civil law involves the violation of rights of one person against any other person.
All healthcare professional are bound to follow such rules and policies which are imposed on
them.
4.2
The effective system of courts are able to develop common laws as judicial decision. This
law is also able to provide growth and development opportunities to nursing practices (Lin,
Chung and Yang, 2010). Cited law has been created with the help of cases heard as well as
decided in federal courts.
4.3
Statutes law is able to govern nursing practices. Large number of nurses are not familiar
with the health care laws. As they are responsible to receive proper knowledge about such laws
which are beneficial for them.
4.4
Precedents play significant role in formation and implementation of laws and regulation
which are related to health and care practices of nurses. So that, members are bound to follow
such rules which are imposed on them.
4.5
The law of torts are considered as civil wrong. In case legal injury caused to any person
due to negligence of another person. Then injured party having right to file to case in order to
receive amount of compensation (LoBiondo-Wood, Haber, Berry and Yost, 2013). Such rights
are provided to staff members as well as to clients.
4.6
Negligence is created when one person is responsible to take of one performance but he
failed to do so and injury caused to another person. In nursing practises, nurses have to comply
with their duties. If they failed to do so then they are responsible to pay amount of compensation
to their clients. They have to provide best quality of health services to their clients.
4.7

Assault considered used physical force and bodily harm to other person. Nurse are
professional as they are not able to use assault against any person.
4.8
Battery is considered as intentional negligence which involve punching, slapping,
pushing and much more. By using such things one person done bodily harm to another person.
Nurses are not able to conducted such type of act which are not enforceable by law.
4.9
In nursing practices, nurses have to obtain prior consent form their clients before start
medical treatment. In case patient attain age of adult than receive consent form him but in case
not meet such age than take prior permission from his parents.
4.10
The theories of nursing intellectual capacity are able to conceptualizes the different
sources of nursing which are helpful for them.
4.11
The word incapacity define not able to perform act. Clinical incapacity in nursing
practises are refer to person who is not able to perform function as professional. Organizations
have to appoint person as nurse who complete proper training and able to provide medial
treatment to people.
4.12
False imprisonment occur in nursing practices when patients file wrong case against
nurses and imprisonment imposed on them as well. Furthermore, it is intentional as well as
justifiable detention of person.
4.13
Defamation has been occurred at the time of publication of false statement which reduce
reputation of individual in the eyes of society. Against such act the statement has been passed
which is known as defamatory. Furthermore, it is usually able to meet legal requirements.
4.14
Vicarious liability is an legal term in which one person name called principal is liable for
the act of another person known as agent. In nursing practises Doctors are responsible for the act

of nurses. If any wrongful is conducted by nurses, in that case Doctors are equal liable for the
same case.
4.15
In each and every case there are two parties name called defendant and plaintiff.
Defendant is the person whom against case has been files and he wants to defend himself.
4.16
Plaintiff is the person who is able to file case against any person. He is the person who
got injured due to non compliance act of other person.
4.17
The word harassment stands for exploitation of rights of any person. No person is able to
exploit other. Staff members are able to work equal to working hours mentioned under legal
document. If they done task more than hours then organization have to provide extra payment to
them and receive consent for same.
4.18
Nurse expert witnesses are play vital role in every medical departments. They are
responsible to ensures that members should follow or not legal rules and policies (Maurer and
Smith, 2013). Also they must ensures that medial department provide better quality of health
services to people.
QUESTION 5
There are various types of courts as well as tribunals are available in Australia at federal
and state also on territory levels. High court is considered as highest court. It is the legal body
which are able to resolve matter of parties by provided best and possible to them.
QUESTION 6
National Archives of Australia (NAA) and Digital Transformation office (DTO) are the
two sources that can referenced to access information related to Australian Legislation.
QUESTION 7
In the patient consent every patient has a sound mind to determine what will be done to
his body and he has full right to refuse the treatment.

QUESTION 8
Express consent is stands for that it is voluntary indication which is presented in oral or
written form. It is clearly communicate by person to another. In nursing practices nurse have to
receive prior consent from their clients.
Implied consent is considered as consent which is not discussed by parties. As it is
defined through common mutual understanding. As no need to obtain consent of client in case of
prove better quality of medical services to them.
QUESTION 9
Coroner is the person who is responsible to confirm as well as certify death of
individuals. As they are able to investigate different types of deaths for the purpose of determine
identity of deceased person.
QUESTION 10
Coroner is able to conduct investigation in order to gather information which are related
to deceased person (Toren and Wagner, 2010). Relevant documents, name, address, contact
details and much more are considered as evidence which are important for them.
QUESTION 11
According to given scenario, nurse breached professional duty and rules which are
imposed on them. Also they are responsible to provide proper services to people which are not
provided by them.
QUESTION 12
On the basis of given scenario, student nurse perform function under supervision of
registered nurse. So that, as per rules of vicarious liability principal is responsible to any
wrongful act of his agents. In that case, registered agent is responsible for the act of student
agent.

QUESTION 13
The term oral care stands for provide advice to residents by professional nurses. Through
this they have to maintain proper health functions and offer best quality of medical services to
people.
QUESTION 14
There are two important things must be mentioned while writing nursing reports are as
aligned below-
 Standards for practices which are related to registered nurses.
 Also mentioned clients records which are significant to record.
QUESTION 15
The request has been made to two persons name called substitute decision maker and a
person who is effectively contribute in decision making process.
QUESTION 16
Staff members at work place are not able to abuse any patient. As a practitioner I
observed that neglect occurring with patient. For this reason I imposed penalties on them and
take strict action against them as well (Stuart, 2014).
QUESTION 17
17.1
Nursing organization are able ton provide medical treatment to large number of people.
So that, person who not attain age of majority are considered as minor and not able to work in
such premises. Child labour is completely prohibited in medical departments.
17.2
Code of ethics for nurse define various types of rules and regulation which are imposed
on them and mentioned under law. As nurses are bound to comply with accordingly.
17.3
Code of professional for nurse define role and rules which are opted by them while
perform act as professional. Through this things they can maintain their performance in effective
manner.

17.4
Code of practice define detailed information or data that how members can attain target
and meet standard which are mentioned under Work health and safety laws.
17.5
Continuing professional education is the process of upgrading of knowledge which are
useful in professional activities. Through this process members are able to enhance their skills
and knowledge and maintain performance as well.
17.6
No medical or other firms are able to occur discrimination among employees on the basis
of age, caste, race etc. Higher authorities must ensures that no direct and indirect discrimination
create among members. It create imbalance situation in companies.
17.7
Duty of acre is considered as legal obligation. It is imposed on individual who is
responsible to take of another person. It is responsibility which have to fulfil by such person for
the purpose of attain his obligation.
17.8
Members of medical department are responsible to offer equal employment opportunities
to all age group of people and people of both gender. They have to follow rules of equal pay for
equal work.
17.9
As members have to protect human rights of their patients. Receive best health treatment
is one of the human rights of people. Nurses have to offer better medical treatment to people in
order to protect their rights.
17.10
Informed consent is considered as permission granted which having full knowledge of
possible consequences. Such information must provide by patient to doctor for conduct treatment
in order to identify risks.
17.11

Nursing and midwifery board of Australia is able to offer proper direction to nurses
which are enrolled. Their employers as well as education providers are bound to fulfil
requirements of professional indemnity insurance arrangements.
17.12
Mandatory reporting has been used to define legislative acquirements which are imposed
on different classes of people in order to reduce child abuse. Nursing practices have to perform
function according to requirement of law.
17.13
No person is able to reveal important information and maintain confidentiality. The term
confidentiality is considered as ethical duty which are have tio maintain by every members of
company.
17.14
Open discloser stands for members have to conduct open discussion with members in
order to educate them with harm and risk. Nurses have to provide proper information to their
clients about harm and risks.
17.15
Australian Safety and Quality Framework for Health Care is able to define vision and
mission for safe as well as high quality care for people (Yoder-Wise, P.S., 2010). Through this
organizations are responsible to provide high quality of services.
17.16
Ethical decision decision making model is provide ethical dilemmas which are able to
resolve matter of people by using code of ethics. It is useful in decision making process.
QUESTION 18
18.1
The nurse should think analytically while practising the role of nurses as a professional.
The individual should be engaged in making professional and therapeutic relationship with
maintaining capabilities to serve effective care to patient.
18.2

The professional boundaries are the gaps between the care and power of nurse to the
vulnerability of patient while the nurse is engaged in therapeutic interaction with patient.
18.3
The organisation is developing various guidelines to professional practices like code of
conduct while delivering services to the patient and endorsement to scheduling medicine etc. for
effective care of patient.
18.4
The decision making framework tools of nursing professional defined two parts one
which forms the the decision making tools and other thing is the tools for both the nurse and for
the organisation too.
18.5
Then the decision made by in flow chart are revised and entry is done again to defines
appropriate decisions which is an re-entry to the practice.
18.6
The registration of guidelines are defined tin the flowchart which directs the activities of
nurse in the organisation.
18.7
Recency of practice can be defined as the nurse is able to maintain good practice in the
working environment and made an appropriate connection with practices as professional and
qualifies as to get registration.
QUESTION 19
19.1
Autonomy is the term which define that every medical department are having capabilities
of self governing. As they are able to define rules and follow them as well.
19.2
Beneficence is the term which define research ethics which nursing practices has been
used in social welfare. As this term is able to promote welfare of people.
19.3