Analysis of Law and Ethics in a Nursing Case Study: Healthcare Context

This case study examines the ethical and legal considerations within a nursing context, focusing on a 32-year-old patient admitted to the emergency department following an injury. The essay explores the significance of law and ethics in healthcare, emphasizing the responsibilities of nurses and doctors in delivering appropriate care. It delves into ethical dilemmas, particularly the registered nurse's conflict between following a doctor's order and respecting a patient's wishes, and analyzes the implications of actions and omissions from a legal and ethical perspective. The study highlights principles such as duty of care, breach of duty, and vicarious liability, illustrating how these concepts apply to the case. It discusses the patient's right to refuse treatment and the potential consequences of negligence, emphasizing the importance of proper care, communication, and adherence to healthcare standards. The assignment underscores the ethical and legal responsibilities of healthcare professionals to advocate for patients and act in their best interests, using this case to illustrate the complexities of ethical decision-making and the potential legal ramifications of care delivery.

LAW AND ETHICS NURSING CASE
STUDY

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Duty of care- ..........................................................................................................................6
Breach of duty- ......................................................................................................................6
Remote of damages- ..............................................................................................................6
Foreseeability-........................................................................................................................6
Vicarious liability-..................................................................................................................6
Contractual liability-...............................................................................................................7
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8

INTRODUCTION
In the health and nursing care sector, there is huge significance of the law and ethics. It is
the branch of philosophy that describes what is good for the human being, society and
environment. In the modern society, ethics defines that how business enterprise, individual and
society can choose to interact with one another (Alces, 2011).In the health and nursing care
sector, with help of ethics and laws, nurse and doctors can able to understand what is right and
what is wrong for the patient. With help of ethics and law, health care experts and nurse can able
to know their roles and responsibility toward the patients. In the present assignment, a systematic
essay has been included which shows significance of the ethics and law in the nursing care
setting under which doctor and nurse have to consider various laws and ethics at the time to
delivering care services and treatment to patients. In addition to this, ethical principles and
implication of various actions and inaction from a legal and ethical perspective has been also
discussed in this project with respect of case study. This case study is based on the health and
care sector under which 32 year old man has been admitted in the emergency department. The
major objective of this essay is to understand the ethical value and law within the heath and care
sector. In this sector, law and ethics is very important by which patient can get right and
appropriate care services and treatment.
MAIN BODY
Ethics and law is very significant aspect in the heath and care sector by which all patients
and employees can able to get their right which imposed by the government. With assistance of
this aspect, any individual in the heath and care sector can get protection and security from the
harm and cheating. In a simple word law refers to the systematic body of regulation and rules
that helps in controlling the entire society and individual member (Berman, 2010). This law can
also protect the whole society and individual member from the theft, cheating, harm and illegal
action. Law can imposed by the government and which includes the set of rules and regulation.
On the other hand ethics is a kind of moral philosophy which guide human being about the
human resource conducts and norms. In the ethics there is not punishment for the violation of
ethics and there is also a set of guidelines. With help of ethics, people can able to know the
general human conducts and they also know the criteria to treat with environment, society and
public. This aspect can help to the people in deciding that what is right and what is wrong for the
society,. Environment and people (Cartwright, 2011).
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In the health and care sector, ethics and law can help to the management in delivering the
right and appropriate health care services to patients. However, there are various kinds of ethical
issue can occurs which affect patients as well as employees working at the workplace.
As per the given case scenario, Tim is a 32 year old man who was admitted in the emergency
department due to the fight at the weekend football match. He has got injuries due to the fight in
the football match (Chen-Wishart, 2012). It has been founded in the examination that he was
dislocated shoulder, deep scalp and extensive bruising to his face and upper body. While he
admitted in the emergency department then doctor and nurses was very engaged. The major
objective of this analysis is to understand the action and omission which is developed by the
doctor and nurse for the Tim care services. In addition to this, another major aim of this study is
to understand the ethical consideration, law and tort of duty in respect of heath care patients
and doctors.
RN nurse have faced the ethical dilemma situation while doctor asked to give
intramuscular morphine. While doctor ordered to the registered nurse then Tim stated I m not in
pain and I do not need of morphine. By this statement of the Tim, registered nurse has got
confused and faced the ethical dilemma. Registered nurse was faced ethical dilemma that what
she required to do as either she obeys her doctor or accept Tim request. In this case ethical
dilemma is a situation in the health and care organisation whereby a registered nurse compelled
to make a decision between two actions (Goldstein, 2013). In addition to this, some time doctor
and nurse also faced the ethical issue in respect of patient because they have to take the decision
of patient life and deliver effective face services through which their heath issue can improve.
Health care experts and nurse have to focus ethics and moral value for the patient so as they can
get effective care services and treatment through which they can improve their health issue.
As per the given case scenario, while physical examination has been identified of the Tim
that it has been founded that his shoulder is dislocated and extensive brushing on his face and
upper body. In order to admit the Tim within the hospital surgery department, Tim have lengthy
wait (Hillman, 2012). Drug and alcohol screening was carried out and result were clear. While
nurse and doctor observed that Tim was still drowsy and non-compliances making the task
difficult for nursing staff. Tim was stated that he was going back to the football match as his
team, required him to pay. On this statement of Tim, nurse staff and doctor has encouraged him
to stay within the hospital but Tim told them that he wanted to leave alone and he wanted to get
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out of the bed (Malhotra and Lumineau, 2011). Doctor order to the RN to intramuscular
morphine for pain Tim. On this situation, Registered nurse has got confused that either she obeys
her doctor or focus on the ethical concern in respect to the Tim. But finally she has obeyed her
doctor and administered the morphine to Tim. In the struggle period the needle broke off
requiring further surgery and Tim to stay an additional four weeks in the hospital.
As per this given scenario, some ethics and law can implement in this situation of Tim
because time have to stay in the hospital by more four weeks due to the carelessness of the
nurses and staff member. In this case, it is great responsibility and duty of the heath care
provider and nurse to provide effective care and services to patient. It is another great
responsibility of doctor and heath care provider to advocate for him and act only in his best
interest all times (McKendrick, 2014). Registered nurse have responsibility to conduct
themselves in the highest professional manner with integrity and fidelity. But in this given case
scenario, due to the carelessness of the nurse and doctor, Tim have required further surgery due
to broke the needle and he has to stay an additional four weeks in the hospital. In this case, the
ethical principle can apply about to duty of care (Murfin, 2012). It is the significant principle in
the law under which if any person is founded from any harm or damage by another person
negligence then victim have legal right to take action against that particular one on ground of
negligence. In addition to this as per the principle of vicarious liability it is great responsibility
of the organisation to pay the remedies and expenses to the person whom have got injury and
harm die to its any staff member and employees. Thus, as per the given case scenario, it is great
responsibility of doctor to pay the remedies and expenses to the Tim because due to his staff
member and nurse Tim have got injury so he has to stay four more weeks in the hospital. The act
of vicarious liability is a kind of principle and authority which has been developed in order to
decrease the damages and injuries caused to the party by the negligence action or function of
other party (Oya, 2012). As per this liability, each and every action of employees should be
control by the organisation and if any wrongful act and unethical thing has been done by
employees then it is great responsibility of the organisation to pay the remedies to that particular
person who have got injured. Another major aim of this vicarious liability is to control each and
every action of the employees so as they can not involve in the unethical thing and illegal
activities.
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As per the given case scenario, Tim was 2 hour post operative and had substantial
injuries from a physical altercation that would advise it was in his best interest to remain in the
hospital for further treatment and observation (Ramanathan, 2014). The registered nurse and
doctor encouraged the Tim to remain in the hospital which presented a conflicting situation
between the principle of beneficence and Tim exercising his right to self determination.
Another principle of the law can apply in the case of Tim that is breach of duty. As per
the breach of duty defendant breaches their duty. As per this breach of duty while any open
person or corporation has a duty of care toward another person or corporation but if they fail to
live up to that standard. In this case, that particular person may be liable for negligence in the
personal injury case if his breach of duty caused another individual's injuries. Breach of his duty
can apply in this case because there is no need to give morphine to Tim as Tim has clearly stated
that he was not in pain and he did not want to morphine. Due to the failure of proper surgery and
monitoring of the treatment, needle has been broken (Rush and Ottley, 2010). Thus, it can be
said that it is a case of negligence under which doctor and registered nurse has ignored their duty
and responsibility related to delivery of care services to tim. As per the breach of duty and duty
of care principle, Tim have right to refuse medication or treatment which is delivered by the
registered nurse and doctors (Stone, Devenney and Cunnington, 2011). Doctor and registered
nurse should not have administered the morphine to Tim because he has clearly stated that he
was fine and he has to go football match. In this case, registered nurse have to take the help from
other nursing staff while they administer the injection to Tim. Registered nurse should properly
deliver the care services and treatment to Tim so as they could escape from the unnecessary
injury.
In the heath and care organisation, every patient have right to get medical advice,
treatment and care from the doctor and nurse according to the different situation of health issue.
In the health and care sector, negligence can conduct in various aspects such as failure to follow
standards of care, lack of proper management of heath care policies and practices, failure to
maintain the equipment and machinery of safety, failure to communicate adequately, failure to
monitor and assess adequately (Sumner and Williams, 2010). In the case of Tim, registered nurse
has not properly fulfilled her responsibility and duty in respect of provide protective care
services and treatment. Registered nurse has not used the equipment and machinery in the proper
and adequate manner while she delivers the care services to the Tim. In addition to this she did
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not communicate to the doctor related to Tim erratic behaviour and his adamant refusal and
physical resistance of the morphine injection. In this case there are major three kind of legal
principle can apply by which Tim can able to get remedies and expenses from the hospital for his
injury. These three legal principle includes such as breach of duty, duty of care and act of
omission. With assistance of these three legal principle, patient can get the remedies and
expenses for their harm and injuries. In this case doctor and registered nurse has been abused
their professional position and carried out a paternalistic act by delivering care services to
patients.
Justice is another ethical principle in the heath and care organisation which required to
follow by the heath care experts and nurse at the time of delivering of care services and
treatment to the patients (Van der Puil and Weele, 2014). With assistance of the justice principle
in the health and social care organisation, doctor and nurse are supposed to deliver the effective
care services and treatment and they should not conduct any unethical things and activities. It is
very complex concept which defines that criteria to take the fair and ethical decision about the
matter in respect of any individual. In the Australian legal system, there are various law
developed from the two primary sources such as common law and statutory law.
In the given case scenario, liability of tort can also apply under which remedies are
provided according to the level of injury and it is stated by the law (Warren, 2012). It means, the
party provide the remedies and expenses to the victim party according to their level of injury and
harm. In addition to this legal action are dependent upon the crime and losses caused by the
parties. In this given case of Tim, he can take the legal action against the doctor and registered
nurse for receiving the remedies for his injury which occurred due to the IM injection.
According to the duty of care, breach of duty, vicarious liability of tort, it is great obligation of
the doctor and hospital management to pay the remedies and expenses to the Tim. Tim can also
mount a case against the doctor and registered nurse a because all of them have not followed the
duty of care at the time of their duty within the hospital. If the heath care team like doctor and
registered nurse will accept that this was a civil negligence then the management of hospital or
employer is liable to pay the remedies and expenses for the damages of Tim according to the
vicarious liability of tort. Vicarious liability of tort is very helpful for the person who have got
the injury and harm due to the employees of the organisation. In this case management of the
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hospital and employer have great responsibility to provide the financial facilities to that
particular person who have got the injury due to the employees.
From the entire discussion in this given case it has been analysed that there is huge
responsibility of the hospital to pay the remedies and expenses to the Tim because due to the
failure of proper treatment and care services, Tim have get the injury and harm so as he has to
stay more four weeks within the hospital. From the entire discussion it has also been analysed
that there are various ethical theories by philosophers related to the ethical moral and law
through which effective decision can take by the individual.
In this case various legal and ethical issue has been occurred. In order to resolve this ethical
issue, ethical principle can apply which are as follows-
Duty of care-
As per this principle, the party who have got injured have right to get remedies and
expenses from the party who have negligence the care of that particular person and their assets.
The victim person can claim against the person who have fail to fulfil their duty for care of
individual and assets.
Breach of duty-
This principle is imposed to the person who have terminated his duty. While any
individual have terminated his duty and due to this termination any other person have got injury
and harm then it is great responsibility of that person to pay the remedies and expenses to that
victim person who have injured (Negligence, 2015).
Remote of damages-
While an injured and victim person is able to show his injury, physical and financial loss
due to the negligence of another person then that person have right to get and increase
reimbursement (Forster, 2010).
Foreseeability-
The facility to perceive and know in advance or reasonably anticipate that damage or injury will
probably ensure from the acts or omission.
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Vicarious liability-
Vicarious liability is liability which required to fulfil by organisation because of the
negligence of its employees (Haapio, 2011). It is an act of damage caused by one party due to
negligence of other. The action of the negligence occurred on the basis of right and authorities of
organisation. While any employees involve in the unethical activities and wrongful act then it is
great responsibility of company to pay the remedies and expenses to that particular person who
have got injured due to its employees carelessness (Bochicchio, Longo and Mansueto, 2011). In
this liability, the tenure of employments applicable for the employees who are the part of
organisation.
Contractual liability-
This kind of liability can arise in that situation while parties breaches the stated terms and
conditions which is imposed within the contractual agreement.
CONCLUSION
From this entire report it has been concluded that duty of care and breach of duty is very
significant legal principle which provide protection to the individual from the unethical and
illegal activities and action. It has been also concluded that law and ethics is very significant
aspect through which proper protection and security can gain by the individual. In this report in
case of the Tim, there may include the tort of negligence and vicarious liability principle because
due to the carelessness and negligence of the doctor and registered nurse needle broke off
requiring further surgery so that Tim have to stay an additional four weeks in the hospital. In this
case, Tim have right to claim against the hospital doctor and nurse because h e have got injury
due to the carelessness of the registered nurse and doctor.
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REFERENCES
Alces, A., P., (2011). A Theory of Contract Law: Empirical Insights and Moral Psychology.
Oxford University Press.
Berman, J., H., (2010). Law and Revolution, II: The Impact of the Protestant Reformations on
the Western Legal Tradition. Harvard University Press.
Cartwright, J., (2011). Choice is good. Really. European Review of Contract Law. 7(2). pp 335.
Chen-Wishart, M., (2012). Contract law. Oxford University Press.
Goldstein, A. D., (2013). Public Meaning Rule: Reconciling Meaning, Intent, and Contract
Interpretation, The. Santa Clara L. Rev. 53. pp.73.
Hillman, R. A., (2012). The Richness of Contract Law. Springer Science & Business Media.
Malhotra, D. & Lumineau, F., (2011). Trust and collaboration in the aftermath of conflict: The
effects of contract structure. Academy of Management Journal. 54(5). pp.981-998.
McKendrick, E., (2014). Contract law: text, cases, and materials. Oxford University Press.
Murfin, J., 2012. The Supply‐Side Determinants of Loan Contract Strictness. The Journal of
Finance. 67(5). pp.1565-1601.
Oya, C., (2012). Contract Farming in Sub‐Saharan Africa: A Survey of Approaches, Debates and
Issues. Journal of Agrarian Change. 12(1). pp.1-33.
Ramanathan, T., (2014). Law as a Tool to Promote Healthcare Safety. Clinical Governance: An
International Journal. 19(2).
Rush, J. & Ottley, M., (2010). Business Law. Cengage.
Stone, R., Devenney, J. & Cunnington, R., (2011). Cases and Materials on Contract Law. 2nd ed.
Routledge.
Sumner, G. & Williams, A., (2010). The economic impact of a shift from hard to fuzzy contracts.
Journal of legislation. 2(1). pp.80 – 87.
Van der Puil, J. & Weele, A., (2014). International contracting. London: Imperial College Press.
Warren, J. M. C., (2012). Law and the Built Environment. Property Management. 30(2). pp.209-
210.
Forster, E. M., (2010). Aspects of the Novel. RosettaBooks.
Bochicchio, M. A., Longo, A. & Mansueto, C., (2011), May. Contract management for cloud
services: information modelling aspects. In 12th IFIP/IEEE International Symposium on
Integrated Network Management (IM 2011) and Workshops . IEEE
8

Haapio, H., (2011), July. Contract Clarity through Visualization--Preliminary Observations and
Experiments. In 2011 15th International Conference on Information Visualisation (pp.
337-342). IEEE.
Online
Negligence, 2015. [Online] Available through: <http://e-lawresources.co.uk/Negligence.php>.
[Accessed on 4 October 2017].
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