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Ethical and legal. The legal implications of consent to nursing)
The ethical principles in nursing
The ethical principles in nursing
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Elements of Consent
According to The Medical Protection Society (MPS 2015), consent it is needed for any treatment/intervention or care and this cannot be imposed by the healthcare team as ought be the expression of a patient 's wish and decision otherwise this is unethical and equally illegal. There are required elements in the process of informed consent. These include: Competence, disclosure, understanding, confidentiality, voluntariness and communication.
A patient it is presumed to be competent to make an informed decision until proven otherwise. However Mental Capacity Act (2005) provide a specific test for competence which outcome 's is an analyse over the patient capacity to understand, retain and weight the information given to
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Obtaining Consent
Obtaining informed consent is a legal and ethical requirement in nursing. The importance in obtaining informed consent prior treatment reflects good practice concerning Humans Rights Act (1998) to express own decisions as they have the right to do what they decide is best for them. When consent is capture such as authorisation or via electronic systems the transparency is highlighted and this may limit the negative stigma on the healthcare providers equally to increase and maintain public trust in the nursing profession (Smee 2008).
Ethical Aspects
Ethics is the science that study human behaviour, including the action that they do as a consequence behind the rationale for their decisions in terms of morality (Thomson 2008 cited in Buka P 2015). Human actions often have irreversible consequences, therefore nurses should always follow the four ethical principles identified by Beauchamp & Childress (2013) namely Autonomy, Beneficence, Non-maleficence and
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An example to illustrate this would be the case of Mr DB 25 year old that had a car accident with serious injury that required blood transfusion. He refused the treatment as he was a Jehovah Witness and he was conscious even after the accident. His decision was accepted in respect for his autonomy, however if he was unconscious the healthcare team would normally carry out the blood transfusion as this is classified as an emergency and they would act in his best
A code of ethics provides a standard by which nurses conduct themselves and their practice, observing ethical obligations of the profession and providing quality care. To achieve its purpose, a code of ethics must be understood, internalized, and used by nurses in all aspects of their work” (Aliakvari, 2015, p. 494).
In Amira’s case, an issue of consent is arisen that her GP has not explained to her much about the conditions she is suffering and the medication that he prescribed. Amira was left a little confused because she did not has the chance to ask questions. For obtaining consent, it must be informed and capacity which means that Amira must be given all of the information of the treatment and they understand the information provided by the doctor and they can use it to make a decision (13). Obtaining consent will lead to enhancement of the efficiency to the treatment because Amira is happy and showing agreement to the
According to the NICE (2015) health and social care professionals should always seek valid consent from people with dementia. This should entail informing the person of options, and checking that he or she understands, that there is no coercion and that he or she continues to consent over time. If the person lacks the capacity to make a decision, the provisions of the Mental Capacity Act 2005 must be followed. The nurse assessed the patient capacity and ensured that the decision made was in the best interest of the patient. The doctor uses specialist knowledge and experience and clinical judgement, and the patient’s views and understanding of their condition, to identify which investigations or treatments are likely to result in overall benefit for the patient (GMC, 2008). They took into consideration how the decision made will benefit Jean. After carrying out a full assessment, it was clear that Jean lack capacity and was therefore place under the mental capacity act
Nurses everywhere face problems and challenges in practice. Most of the challenges occur due to a struggle with the use of ethical principles in patient care. Ethical principles are “basic and obvious moral truths that guide deliberation and action,” (Burkhardt, Nathaniel, 2014). Ethical principles that are used in nursing practice include autonomy, beneficence, non-maleficence, veracity, confidentiality, justice, and fidelity. These challenges not only affect them, but the quality of care they provide as well. According to the article, some of the most frequently occurring and most stressful ethical issues were protecting patient rights, autonomy and informed consent to treatment, staffing problems, advanced care planning, and surrogate decision making (Ulrich et. al, 2013). The ethical issue of inadequate staffing conflicts with the principle of non-maleficence.
Thompson, I. E., Melia, K. M., & Boyd, K. M. (2006). Nursing Ethics: Churchill Livingstone Elsevier.
The Code of Ethics for Nurses was created to be a guide for nurses to perform their duties in a way that is abiding with the ethical responsibilities of the nursing profession and quality in nursing care. The Code of Ethics has excellent guidelines for how nurses should behave, however; these parameters are not specific. They do not identify what is right and wrong, leaving nurses having to ultimately make that decision. Ethics in nursing involves individual interpretation based on personal morals and values. Nursing professionals have the ethical accountability to be altruistic, meaning a nurse who cares for patients without self-interest. This results in a nurse functioning as a patient advocate, making decisions that are in the best interest of the patient and practicing sound nursing ethics.
A crucial aspect of a procedure includes communication between a physician and the patient concerning the contents of the operation, thereby enabling the patient to make an informed decision. The idea of informed consent “originates from the legal and ethical right the patient has,” involving morals, ethics, and knowledge to compose an
Healthcare provider’s perception and judgment in the patient’s well being as well as taking into account the right of the patient in every action is one of the key elements in nursing practice. International Council of Nurses (ICN), (2006) states “The nurse at all times maintains standards of personal conduct which reflect well on the profession and enhance public confidence” (p. 3). Furthermore, nursing action guided by theory and principles of moral and legal rights complements excellent nursing care. Nurse’s awareness in moral and legal codes helps them control the complicated scenario encountered and direct the nurses in the best possible action answerable by law (Lachman, 2006).
In conclusion, there are numerous legal and ethical issues apparent in the nursing practice. Nurses should study and be as informed as they can with ethics and legality within their field in order to ensure no mistakes occur. Ethical issues vary based on patient’s views, religion, and environment. Nurses are influenced by these same views, but most of the time they are not the same as the patients. As a nurse we must learn to put the care of our patients and their beliefs, rights, and wishes before our own personal
Nurses run into patients’ rights daily like autonomy and informed consent, the rule that deals with patient’s informed consent is the patient will benefit by obtaining adequate and accurate information. The commitment to provide care and the needs of the patient, one reason an informed consent form wouldn’t be signed because of confidentiality, which means that patient wants total privacy; no one is to know he’s there, no paper trial. Another reason would be if no risks were involved.
In the code of ethics, the very first ethical principles that nurses are expected to uphold in order to exemplify that they are competent professionals are autonomy, beneficence, and nonmaleficence. That is, nurses as professionals are expected to advocate for their patients while preserving their respect and dignity and
The four elements governing informed consent involve dissemination of pertinent study information, patient’s understanding of the information, the mental capacity of the patient to make appropriate decision, and the patient’s volition to the study. (Burns et al. 2011) it is important that research subjects or participants are aware of these elements as long as the decision is of their volition and autonomous.
The purpose of this discussion post is to define privacy and confidentiality. A case study from Ethics & Issues in Contemporary Nursing involving a complex ethical issue will be introduced. This paper will also address a few of the ethical implications that may occur in nursing practice.
Ethics is defined as moral principles that govern a persons or a group’s behavior, ethical principles apply to both personal and professional relationships (Webster, 2015). The field of nursing is a profession that has been highly regarded and respected in society. Most nurses enter the profession in order to utilize their clinical skills to help others in their time of need. Those in failing health rely on nurses to care for them in their most vulnerable states, and expect a level of compassion and humanity while receiving care. Nurses have an ethical responsibility to their patients, clients, and their community. Compassion, empathy, and integrity are staple characteristics that nurses possess that allow them to successfully perform their
The nursing principles of ethics is the duty contained within the code of conduct. Nursing is a morally responsible profession in which duties must be carried out with respect to the individual. Nurses have a nonnegotiable obligation in maintaining the optimal health and quality of life of a patient. The patient is the main commitment in providing nursing care, along with the families and communities. The nurses concern for the patient’s well being is represented in the provision of the Code of Ethics. The purpose of this paper is to interpret the provisions from the Code of Ethics for Nurses in health care settings: respect for autonomy, beneficence and nonmaleficence, and confidentiality.