Ethical and Legal Responsibilities in Nursing: A Case Study Analysis

This report delves into the critical intersection of ethical and legal considerations within nursing practice. It explores the significance of patient confidentiality, the Australian Charter of Healthcare Rights, and the nurse's professional code of conduct. The analysis highlights the importance of upholding patient privacy, respecting their rights, and maintaining a high standard of ethical behavior, as exemplified by the ethical shortcomings observed in the case study of nurse Nickie. The report also examines legal frameworks like the Australian Privacy Principles and the Privacy Act 1981, emphasizing the potential legal ramifications of breaching patient confidentiality. The report provides a comprehensive overview of ethical guidelines, legal standards, and professional responsibilities, offering valuable insights for nursing professionals and students seeking to navigate the complexities of healthcare ethics.

Running head: NURSING 1
Legal and Ethical Decision-Making
Name
Institution

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Legal and Ethical Decision-Making
Professional practice can be described as the conduct of an individual or their behavior at their
place of work. Professional nursing practice is described as the ability to care and show
compassion towards patients during the delivery of care. It is built on strong ethical practices that
include respect, moral integrity, collaboration, privacy, and confidentiality (Butts, 2013). Nurses
have an ethical and legal obligation to protect the privacy of their clients and the confidentiality
of all client information. Confidentiality in the health field limits the access to information
discussed between a practitioner and their patient. The law requires that any information
discussed between a patient and their doctor must be kept private between the two parties unless
under some circumstances that may require such information to be revealed. Privacy in the
health field requires that any records about a patient’s condition, prescribed medication, and any
other personal information must be kept private and can only be shared with the consent of the
patient (Guido, 2013). Some of the laws that govern health professionals with regards to
confidentiality and privacy include the Australian Privacy Principles, Privacy Act 1981, the
Commonwealth Privacy Act, and common law. These laws state that a practitioner must not
disclose personal information of the patient and the patient can sue for breach of confidentiality
if they can prove that the breach caused harm. Privacy and confidentiality are part of professional
nursing practice and nurses must develop a comprehensive policy to ensure they respect patients’
privacy and confidentiality.
The purpose of the Australian Charter of Healthcare Rights is to define and explain the rights of
patients and consumers of the Australian healthcare system. These rights are essential for
patients and health practitioners because they ensure that everyone involved in care shares an
understanding of the rights of healthcare consumers (Australian Commission on Safety and

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Quality in Health Care., 2008). As a result, everyone strives to ensure that quality healthcare is
achieved thus ensuring that anyone involved in care achieves the best possible health outcome.
The healthcare rights of the patient ensure that patients can access care when they need it; care is
safe; patients are respected and treated with dignity; patients are given the chance to participate
in the decision-making process; patients’ right to privacy and confidentiality is respected.
The primary purpose of the code of conduct is to offer guidance on what is believed to be
appropriate behaviors for all nurses; governing bodies use the code of conduct to evaluate the
nursing practice. The code of conduct is important in clinical practice because it sets the
minimum for practice that a professional nurse must comply with at all times to ensure that the
profession of nursing is not disgraced. Professionals can ensure that they are providing
professional nursing practice by following the set guidelines in the code of conduct and continue
learning to ensure that they promote the wellbeing of patients and their families.
From the video provided, it is evident that nurse Nickie does not act with professionalism while
attending to Ashleigh. She is constantly on her phone and ignores the cries of the patient.
Additionally, when Ashleigh’s brother; Will raises concern about her brother’s condition, she
ignores and claims Ashleigh is just overreacting and she is fine. She lacks professionalism and
does not show respect or compassion towards the patient and her brother. Dr. Jacob also fails to
seriously follow up with nurse Nickie after his diagnosis.

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References
Australian Commission on Safety and Quality in Health Care. (2008). Australian charter of
healthcare rights in Victoria.
Butts, J. B. (2013). Ethics in professional nursing practice.
Guido, G. W. (2013). Legal and ethical issues. Leading and Managing in Nursing-E-Book, 68.