Tweddle (2009) highlights the concept that beneficence and non-maleficence are principles that are closely linked and in nursing practice these ethical viewpoints may often present frequently as the moral objective is for nurses to help those who are sick and prevent harm. The four principles comprise of beneficence, non-maleficence, respect for autonomy and justice and each one of these principles will be explored further in the context of the covert use of medication. Law and ethics in nursing essay. The issue of conflict may arise due to an ethical dilemma where the nurse may be placed in a position to make decisions and judgements about what the right and wrong course of action may be. Therefore, ethical and legal dimensions of nursing practice are guided by federal and state laws and regulations as well as the ANA Code of Ethics (Avery, 2016). Literature supports the use of covert medication in clinical care, but only if the patient lacks capacity (and all the assessments have taken place to support this) and only if it is absolutely necessary that the medication is for maximising their health (Blythe, 2000; Sommerville et al., 2002; Griffith et al., 2003). It is important to remember that the Mental Capacity Act (2005) and the Mental Health Act 1983 (DOH, 2008) are two pieces of legislation that protects healthcare professionals and the patient only if there is evidence of either mental disorder or lack of mental capacity; it is important to stress individuals without experiencing either difficulty i.e. In light of this it will be the underpinning theme referred to throughout this assignment with specific reference being made to the issue of what ethical and legal frameworks could be utilised to support the clinical decision to covertly administer medication; as the gentleman in question had a severe dementia. Cookies Policy, Patient's Information Sharing: Inappropriate Cases, American Health Care System's Quality Issues, Endometrial Cancer Symptoms in Women After 35, Health Care Ethics Instructional Design Plan, Nursing Process and Culturally Competent Care Delivery, Nursing Ethics in “Invisible Patients” Documentary, Health and Illness Among African-Americans, Asthma: Corticosteroids and Side Effects in Children, “Deconstructing Health Care Reform” by Gardner. Do you have a 2:1 degree or higher? Free resources to assist you with your legal studies! In every nurse's career, he or she will face with legal and ethical dilemmas. According to the nursing code of ethics, the nurse’s first allegiance is … The Department of Health (2009) suggests that for healthcare providers it is important for them to obtain consent before any activity so that there is no uncertainty about the wishes of the patient. Responsibility and accountability “ nurses demonstrate professional conduct and practice in accordance with standards of nursing practice determined by the regulatory board and accept that the primary duty is to ensure safe, competent and ethical nursing care to the client” (Singapore nursing board( 2011), standard 2). Nursing may include checkups and revealing … Vi følger nøye med på situasjonen vedrørende corona-virusutbruddet. This nursing code of ethics along with specific state law nurse practice acts, guide nurses in practicing safely within legal and ethical boundaries. ... (“Ethics and Law in Nursing Essay Example | Topics and Well Written Essays - 2000 words”, n.d.) IMPORTANCE OF ETHICS IN NURSING. Taking into consideration that nurses are confronted with dozens of ethical challenges in their practice daily they have to be familiar with the codes of ethics … Just because he was unable to give his consent and be autonomous in decision making in relation to the medication does not mean that all decisions should be made without discussions; for example the patient may be able to make autonomous decisions about what he would like for his breakfast, if he would prefer a bath or a shower or if he would want to go back to bed in the afternoon for a rest. Vi følger myndighetenes retningslinjer, benytter hjemmekontor, og er fullt operative på support og salg. law and ethics Order Description ASSESSMENT TASK 1: [ESSAY] ??????????? The Mental Capacity Act (2005) applies to adults (for the act age 16 and over is classed as an adult) and if there is debate as to the patients capacity to consent to treatment and intervention then it is the responsibility of a member of the health care team; or a professional person who knows the patient best, to assess and test the capacity of the patient. Reference this. *You can also browse our support articles here >. If there are any issues or concerns regarding the patient’s ability to give their consent then consideration needs to be made by the healthcare team to whether the patient has the capacity to consent to treatment. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawTeacher.net. All nurses should have respect for their patients, protect their rights and maintain dignity. However, when ethics and the adjudication follow concomitantly, a combat energy originate. The law of informed consent underlies An important consideration is that nurses should continue to respect a patients autonomy regardless of the outcome of certain decisions; for example by declining to take the prescribed medication the patient had made a decision that should be respected even if in this clinical case it was decided to contradict his wishes in his best interests to ensure he had his medication. The medications which he was prescribed included; warfarin for vascular problems, a statin for hypotension and an anti depressant. In this essay the author will rationalize the relevance of professional, ethical and legal regulations in the practice of nursing. This is where we attach the origin o in his work, … The influences of the present healthcare environment and societal developments as they relate to nursing ethics will be addressed, and some of the main ethical legal issues that have impacted recent practice will be identified and … Disclaimer: This work has been submitted by a law student. In this regard, this essay … To be able to act as advocates for their patients, health care professionals should have sufficient knowledge of the legal language as well as understanding how it can affect their practice (Tingle & Cribb, 2013). The NMC (2008) provides strict guidance about the nursing practitioners code of practice and the accountability that members of the pr… In the clinical example of covert medication administration; fairness and justice is considered as the decision could be taken that as the patient is old, physically frail and demented that they should not be afforded the same opportunity to improve their health as other patients with less complex issues. Ethics are a fundamental part of nursing. There is always a clash of which one is more important than the other. This assignment is based on an experience I had whilst on placement where an elderly gentleman refused to take his medications and adhere to his pharmacological treatment plan; this one decision placed his health and wellbeing at significant risk and presented a considerable legal and ethical debate to the team providing his care. If consent has been obtained from the patient then the healthcare professional does have protection to avoid any legal penalty (Dimond, 2008). This is a universal fundamental theme for ethics … It can be argued that end-of-life (EOL) care and the cases when patients are unable to make decisions on their behalf are associated with the most commonly debated conflicts between ethics and the law in nursing (Tingle & Cribb, 2013). Even though laws on EOL care are clear, they substantially differ from state to state. The principle of beneficence is based on the obligation to provide benefits and to balance benefits against risk (Seedhouse, 2005), this means that the nurse has a professional duty and moral obligation to undertake positive actions aimed at safeguarding the health and welfare of patients (Tweddle, 2009). In contrast however Collis (2006) highlights that it is widely accepted that deception occurs in healthcare and that there is some belief that deception is justifiable if it results in the patient being protected from harm. Introduction People may ascribe various meanings to ethics, but it would be safe and generally acceptable to declare as Beauchamp and Children (as cited in Butts and Rich, 2005) believe that ethics is a way to understand and evaluate moral life. The elderly gentleman which has been used as a clinical example from practice was refusing to take his medication and lacked capacity to consent to accepting treatment. The Mental Capacity Act (2005) is a legislative framework which supports healthcare practitioners in deciding if patients in their care have the capacity to make decisions for themselves regarding medical treatment. There are times when this mandate is difficult to achieve particularly when for example a particular treatment or intervention may help those who are sick (for example giving an injection of an anti emetic for a vomiting and nauseous patient) but may also cause harm (pain and inflammation at the injection site). NURSING ETHICS 0. According to nursing council of New Zealand, nursing profession is bounded by its own code of ethics. Any mentally competent person has the right to give or withhold consent to treatment (Haxby and Shuldham, 2008) and by having mental capacity this ensures the individual makes decisions regarding consent in a reasoned manner. The law holds bodily integrity in high regard (Griffith, 2004); which means that individuals have the right to determine what happens to their body and to be involved in all elements of the decision making process. Company Registration No: 4964706. The decision to administer medication covertly should not be taken lightly as it is important that considerations are made in relation to the benefits of the and the necessity of the treatment versus the practice of deception; any benefits of giving medication covertly should be weighed up against the risks relating to giving medication covertly (NHS Tayside, 2008). Health and social care professionals often resort to this method where the patient has refused to take medication when it is offered but treatment is necessary for the person’s physical or mental health (Griffith, 2007). Their practice has to be guided by federal and state laws and regulations as well as the professional code of ethics. In this essay, a view of the aims of bioethics and more specifically nursing ethics will be explored. the patient is suffering from a mental disorder of a nature or degree that makes it appropriate for him or her to receive medical treatment in hospital; and appropriate medical treatment is available for him or her; and it is necessary for his or her own health or safety, or for the protection of others that he or she receives such treatment and it cannot be provided unless he or she is detained under this section (MIND, 2010). Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Welsh and Deahl (2002) suggest that covert medication use may be perceived as a primitive institutional practice from the past where medication was either accepted or covertly administered without the individual’s rights, choice and freedoms being acknowledged. Legal an Ethical Issues in Nursing Essay 872 Words | 4 Pages Instructor Name: Dolores Martinez Nurses are facing many legal or ethical dilemmas in their career. If you continue, we will assume that you agree to our The emerging developments in healthcare brought about a … The ethical principle of justice is difficult to define suggests Seedhouse (2005) however there are two common approaches considered in the literature; justice can be viewed as fairness or justice can be perceived as appropriate punishment for wrongdoing. In the clinical example, the gentleman in question was unable to act autonomously when making a decision about his medication as he was unable to retain the information or evaluate the risks associated with the decision not to accept his medication. ORDER A PLAGIARISM- FREE PAPER NOW. 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