Assessment on Legal and Ethical Considerations in Nursing Practice

This assignment explores the legal and ethical considerations underpinning nursing practice, focusing on Australian regulations and ethical dilemmas. It examines key legislation, including the Health Practitioner Regulation National Law Act and anti-discrimination laws, and their impact on nursing ...Read More

NURSING

Table of Contents
MAIN BODY..................................................................................................................................3
1...................................................................................................................................................3
2...................................................................................................................................................3
3...................................................................................................................................................3
4...................................................................................................................................................4
5...................................................................................................................................................5
6...................................................................................................................................................5
8...................................................................................................................................................5
9...................................................................................................................................................6
10.................................................................................................................................................6
11.................................................................................................................................................6
12.................................................................................................................................................6
13.................................................................................................................................................7
14.................................................................................................................................................7
REFERENCES................................................................................................................................8

MAIN BODY
1
Health practitioner regulation National Law act
This is primarily the most effective law which is applicable to each and every state of the
Australia. The major aim of this act is to address the concerns which National law in present
state discourages the health practitioners from seeking the medical treatment. This impacts the
nursing practice to great extent and made them aware about this legislation.
Antidiscrimination law
This law has been devised and thus applies to every state of the Australia. The main aim
of this act is to protect the nurses as well as the employees in healthcare institutions from any
form of discrimination. This impacts the nursing practice to a high level and thus protects the
nurses from any kind of misbehavior or harassment at the workplace (Law and Marks, 2017).
2
Nursing ethics
Nursing ethics is basically the branch of applied ethics which mainly concerns with the
various activities within field of the nursing. Nursing ethics generally shares a large number of
principles along with the medical ethics like non-maleficence, respect for the autonomy,
beneficence.
3
Reproductive technology
There are various dilemma which is being faced within the reproductive technology
which consist of current as well as anticipated use of technology within human reproduction. The
major ethical dilemma is the selection and disposal of the embryos and the increased use of
sperms and eggs by third party (Saengthong and et.al.,2020).

Euthanasia
Euthanasia is intentionally killing and ending one’s life in order to relieve from the pain
and suffering. The major ethical dilemma in Euthanasia is that most of the people are not even
aware of right that they have for reusing the life-prolonging treatment.
Restraint
Ethical dilemma is that mainly conflicts with the ethical values and human rights of
patients and they causes harm to service users.
Disclosure
Ethical dilemma is that most of the patients and well as their relatives do not want to
share their information and thus nurses have to respect their privacy (Levy, Kilgour and
Berridge, 2018).
Mandatory reporting
Ethical dilemma includes array of the factors which creates conflicts within decisions to
report the suspected child abuse.
Artificial prolonging life
This ethical dilemmas includes decision of the patients whether to receive the prolonged
treatment for life and whether it will cure the illness or not.
4
Common law
Common law is primarily the body of law which is derived from the juridical decisions of
the courts as well as similar tribunals. This is body of the legal rules which has been designed by
the judges as they use the rules on cases and thus is important type of law (Mariano, 2017).

Intellectual capacity
The intellectual capacity is basically the legal capacity law which states that adults
having mental illness as well as intellectual disability have all the legal rights of decision making
regarding receiving the treatment.
Defendant
The defendant nurses are the one who mainly makes use of the mal practices as well as
adaptive practices for treating the patients. This defendant law has been made for nurses to
overcome these practices.
5
The court system of Australia is highly imperative and thus consists of the judges who
mainly sit within the federal courts as well as courts of States as well as territories of Australia.
High court of the Australia majorly sits at apex of Australian court as ultimate court of the appeal
on matters of both federal and state law.
6
The first and foremost aspect where information on the Australian legislation can be
accessed is Federal register of legislation. This is basically the authorized government website
for the commonwealth legislation as well as related documents. This is managed by office of the
Parliamentary counsel.
The another aspect and the thing where the information on Australian legislation can be
accessed is Australasian legal information institute. This is primarily the institute which provides
the access to all primary and secondary legal data. It mostly consists of fulltext legislation as
well as the court decisions.
8.
Implied consents and the express consent are the two different form of concern which can
be helpful in collecting in order to communication. The former one is about referring to have

contact who have there provided the explicit permission to have respective contact. This
provided permission to communicate more clearly and directly. The latter one is concerned less
direct as it refers to a contact for the own it is reasonable to believe that’s the permission has
been given to send the message. The implied contest is actually based on there the member to
have prior relationship.
9.
Patient confidentiality and privacy rights are a serious matter in the eyes of the law. As
the breach of confidentiality, the nurse’s managers should have contacted the human resources
along with legal departments for respective advice and guidance (Park, Yu and Kim, 2017). As
per the considerations an in accordance with corrective action policy, the nurse should be
suspended without any pay until time period investigation is completed. Once the investigation
ended, all parties involved decided unanimously to fire the nurse due to the severity of the
breach.
10.
As per the evidence which is evidence of coroner inquest which will affect weight of credibility
which been attached to it. It is important to have taken copy of statements which is been prepared
with the coroner officers. the more level deceased health record and in addition to the
clarification of questions which are considered not to be clear. There is should be good decision
making from the professional transcription services in most accurate way it is possible. In
addition, that the legal professional which have rely heavily on the final account of an inquest.
11.
As per the ignorance in the above case, nurses are breaching the professional aspect of
the response and collaboration which plays an important role in overall development of
professionalism (Doenges, Moorhouse and Murr, 2019). As the former one is breach due the
avoiding the call bells which is done by different family members as the professional care takers
are important for patient need with timeliness response and ethical significands for giving advice
over the phone call. In the other hand, to work as team members helps in assessing and treating
parents. As the effective communications along with team attitude with professional qualities to
have collaborative efforts.

12.
As per the case, vicarious liability is also known and the imputed liability’s which is the
legal concepts to have the assigning of liability of an individual who did not actually cause the
harm, but who has a specific superior legal relationship to the person who did cause the harm. In
respect to that’s in the case of the student nurse all the person which are the student, the student
preceptors and he student faculty supervisor all are considered to be responsible for ensuring the
action of student nurse in a manner that’s have protection of patient safety. All the person will be
label to be sued if the student nurse makes any level of mistake which is leading to patient injury.
13.
As the student, there is lot of confusion in relation to understand the different roles at the
time of obtaining concern for the respective treatments (Thomas, 2019). So, it is important for
the nurse to get informed consent for the treatments which is essential to have the avoidance of
various allegations of assault and other possible legal accusation. There should be providence of
the form which is needed to be filled by the patient of its close relative in behalf of him in order
to have providing the oral care to patient. On other hand, another principle is that the health care
providers who is providing the assessment have clear requirement of detailed exchange of
information concerning regarding treatments for procedure for knowledgeable choice about
proposed plan.
14.
As the situation of concern rigidising the treatments on the behalf of the can be the
durable power of attorney for the heat care assessment which should be someone such as, such as
a daughter or husband, to provide consent (Edvardsson, Watt and Pearce, 2017). On the other
hand, if the patient is minor and not able to have providing of its own consent which have
inclusion of parents or the guardian of minor. There should be proper signing on the
documentations so that’s the request ion information can be deliberated to have the notification
of appropriate heaths care provider.

REFERENCES
Books & Journals
Doenges, M.E., Moorhouse, M.F. and Murr, A.C., 2019. Nursing care plans: Guidelines for
individualizing client care across the life span. FA Davis.
Edvardsson, D., Watt, E. and Pearce, F., 2017. Patient experiences of caring and person‐
centredness are associated with perceived nursing care quality. Journal of advanced
nursing, 73(1). pp.217-227.
Law, M.T. and Marks, M.S., 2017. The Labor‐Market Effects of Occupational Licensing Laws
in Nursing. Industrial Relations: A Journal of Economy and Society.56(4). pp.640-661.
Levy, K., Kilgour, L. and Berridge, C., 2018. Regulating privacy in public/private space: the
case of nursing home monitoring Laws. Elder LJ.26. p.323.
Mariano, C., 2017. Holistic nursing. Clinicians’ and Educators’ Desk Reference on the
Integrative Health and Medicine Professions.p.169.
Park, K.O., Yu, M. and Kim, J.K., 2017. Experience of nurses participating in comprehensive
nursing care. Journal of Korean Academy of Nursing Administration, 23(1). pp.76-89.
Saengthong, W and et.al.,2020. Important Laws for Nursing Students’ Supervisors. Journal of
Nursing and Education.13(1). pp.1-13.
Thomas, N. ed., 2019. Renal Nursing: Care and Management of People with Kidney Disease.
John Wiley & Sons.