Casuistry
Mark Henry Newman’s breach of confidentiality [2012] Nursing and Midwifery Council
Mr. Newman is a former sexual health adviser at the Countess of Chester Hospital. His license was suspended causing him not to practice nursing for nine months. In 2012, a patient filed a complaint against Mr. Newman stating his misconduct. He was found guilty for violating the confidentiality of a patient who undergoes treatment at the hospital. Patient X claimed that Mr. Newman shared her medical condition that she has been protecting from her children to a common friend that resulted great distress on Patient X’s part. Mr. X, the common friend of Mr. Newman, confirmed that he is 100% sure it was Mr. Newman who disclosed the information to him (The Standard Staff Reporter, 2015).
Gillick v West Norfolk & Wisbeck Area Health Authority [1986] AC 112 House of Lords
Mrs. Victoria Gillick is a mother of ten. Five of those are girls below sixteen years old. As a Christian, she believes that contraception promotes under age sex. In 1985, Mrs. Victoria Gillick lost her case vs. West Norfolk and Wisbech Area Health Authority allowing physicians to prescribe contraceptives to girls less than sixteen years of age without parental consent. After the case was settled, the Law Lords ruled that doctors putting girls less than sixteen years of age under pills without
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Sue Axon, from Manchester, is a mother of five children who filed an amendment over the Department of Health’s updated guidelines in the High Court in 2006. The focus of her action is to honor the rights of the parents over their children in terms of having an abortion and taking contraceptives. She stated that the guidelines given by the Department of Health undermines the roles of parents (BMJ Publishing Group, 2005). Mr. Axon’s attempt failed. Mr. Philip Sales said that implementing the “right to know” of parents will result to discouragement of young women to seek medical advice regarding their sexual
The case rests on the violation of Griswold (the executive director of the Planned Parenthood League of Connecticut and Buxton (the Medical director for the Center) of the Connecticut Statute that states :
In reference to the Nursing and Midwifery Council (NMC)’s the Code of Conduct (2008), a pseudonym will be used to preserve the patient’s identity and confidentiality. The patient will therefore be referred to as ‘William’.
“10 Arguments in Favor of Pro-Choice Policy.” Advocates for Youth. N.p., 2010. Web. 18 Mar. 2010. .
Internationally, issues revolving around the female body and reproduction are extremely controversial. For a woman, her body is a very private matter. At the same time, however, a woman's body and her reproduction rights are the center of attention in many public debates. Several questions regarding women's reproductive rights remain unanswered. How much control do women have over their bodies? What kind of rules can be morally imposed upon women? And who controls the bodies of women? Although the public continues to debate these topics, certain conclusions can been made concerning women and their reproductive rights. An undeniable fact is that government has a large degree of control over female reproductive organs. All around the world, time and time again, several national governments have implemented policies, enacted laws, and denied women control over their reproductive organs. Several governments have crossed the border between intimate and public matters concerning women's reproductive organs, by making laws about contraceptives, abortion, and family planning programs.
“When a motherhood becomes the fruit of a deep yearning, not the result of ignorance or accident, its children will become the foundation of a new race." (Margaret Sanger, 1) Margaret Sanger, known as the founder of birth control, declared this powerful statement. It is reality that the rights that are customary for women in the twentieth century have been the product of the arduous physical and mental work of many courageous women. These individuals fought for the right for women to be respected in both mind and body by bestowing on them the rights to protect their femininity and to gain the equivalent respect given to men. A remarkable woman named Margaret Sanger is the individual who incredibly contributed to the feministic revolution that took place in the 1920’s. Her legacy of making the right to use birth control legal for woman is a precedent in history for the foundation of the equal rights battle that is still being fought today. By giving control back to the women in their sexuality, Margaret Sanger also restored confidence in those women who felt that their lives revolved around pregnancy. She has become an influential icon to women all around the world who enjoy the security of birth control that gives them the freedom in their sexuality on a daily bases.
As an advocate for patients, their information is solely for helping the patient understand their condition more and making the best decisions on their behalf, while in cooperating their beliefs and values (Nurses Code of Ethics, 2015). This also includes not talking about patient’s information with other colleagues, family or friends, unless it’s work related. It’s just like with any other situation, would you mind if your best friend would causally tell your secrets to other local colleagues? It’s a form of disrespect and violation of personal space as an individual. As a nurse advocate for patient it’s also important to make sure you’re a voice as well, for the defenseless groups such as, children, elderly and the mentally ill.
In an ideal medical society, no dilemma should arise on whistleblowing associated with poor medical practice or illegal behaviours. However these dilemmas arise when these whistle blowers take privileged information to the public in order to address their personal concerns or conscience. It can however be said that they are often left with little or no choice. Lipley (2001) discusses a case which occurred in the UK where a nurse wrote to the media reportedly that the elderly inpatients at her organisation did not receive adequate care and that this was jeopardising their lives. The appeals tribunal ruled that her decision was right and was both reasonable and an acceptable way to raise such issues ...
This paper explores the legal, ethical and moral issues of three healthcare colleagues by applying the D-E-C-I-D-E model as a foundation of decision making as found in Thompson, Melia, and Boyd (2006). Issues explored will be those of the actions of registered nurse (RN) John, his fiancé and also registered nurse (RN) Jane and the Director of Nursing (DON) Ms Day. Specific areas for discussion include the five moral frameworks, autonomy, beneficence, Non – maleficence, justice and veracity in relation with each person involved as supported by Arnold and Boggs (2013) and McPherson (2011). An identification and review of the breached code of ethics and the breached code of conduct in reference with the Nursing, Council, and Federation (2008) will be addressed. Lastly a brief discussion on how the three schools of thought deontology, teleology and virtue had effects on each colleague (McPherson, 2011) .
Imagine in today in America’s hyper-sexualized society, not being provided with any knowledge about contraception or sex education. Before Margaret Sanger’s activism, most women were in this position of oblivion about their own bodies. In “Morality of Birth Control”, Sanger argues effectively for the legalization and acceptance of both birth control and sex education using ethos, pathos, and logos to strengthen her argument.
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
The Morality of Birth control originally surfaced as a pamphlet in 1918, which questioned the morality of denying knowledge surrounding a drug which could prevent pregnancy women. In 1913 Margaret Sanger worked as a nurse in a New York. There Sanger watched one woman fall ill from a household abortion. The doctor told this women to avoid pregnancy she should “have her husband sleep on the roof” (Richmond Edu, Par. 7). A few months later Sanger found the same women dead after a second self-inflicted abortion. This horrendous event pushed Sanger to advocate a right she believed all woman should have.
Over the course of the last century, abortion in the Western hemisphere has become a largely controversial topic that affects every human being. In the United States, at current rates, one in three women will have had an abortion by the time they reach the age of 45. The questions surrounding the laws are of moral, social, and medical dilemmas that rely upon the most fundamental principles of ethics and philosophy. At the center of the argument is the not so clear cut lines dictating what life is, or is not, and where a fetus finds itself amongst its meaning. In an effort to answer the question, lawmakers are establishing public policies dictating what a woman may or may not do with regard to her reproductive rights.
With so many women choosing to have abortions, it would be expected that it would not be so greatly frowned up, yet society is still having problems with its acceptance. Every woman has the fundamental right to decide for herself, free from government interference, whether or not to have an abortion. Today, more than ever, American families do not want the government to trample on their right to privacy by mandating how they must decide on the most intimate, personal matters. That is why, even though Americans may differ on what circumstances for terminating a crisis pregnancy are consistent with their own personal moral views, on the fundamental question of who should make this personal decision, the majority of Americans agree that each woman must have the right to make this private choice for herself. Anti-choice proposals to ban abortions for “sex-selection” or “birth-control” are smokescreens designed to shift the focus of the debate away from this issue and trivialize the seriousness with which millions of women make this highly personal decision. Any government restriction on the reasons for which women may obtain legal abortions violates the core of this right and could force all women to publicly justify their reasons for seeking abortion.
part of the Doctrine Hedley Byrne and Co. Ltd V Heller and. Partners Ltd (1964), Rondel V Worsley (1969).
Independent MP, Roby Pyne, is leading a push to remove criminal sanctions for abortion in Queensland; subsequently, reigniting the eternal abortion debate. Accordingly, the pro-choice campaign is more alive than ever before and is expounding at all social platforms the need to legalise abortion. Contrastingly, the Church and other anti-abortion movements have significantly excoriated these “heinous” ideals. Will this be enough, however, to avoid the divorce of Church and State? The current abortion law was amended in 1986 and reworded in 2009; the law only prohibits medical abortion to preserve a woman’s mental or physical health; ultimately, abortion is illegal unless dire circumstances warrant it (Children by Choice Association,