Ethical theories may also be applied to all issues of uncertainty, including those not covered by laws or professional guidelines. They create a mechanism within which issues of moral uncertainty may be questioned and resolved Jones One such area of moral dilemma is that of informed consent.
Consent may be regarded as invalid if the consenting individual does not know what they are consenting to. Faulder states that the medical profession is divided as to the exact meaning and purpose of informed consent.
This is particularly true in the field of midwifery and obstetrics where this has recently become a key issue, despite the existence of a number of professional guidelines such as the Code of Professional Conduct United Kingdom Central Council for Nursing, Midwifery and Health Visiting UKCC This is in part due to the reluctance of many in the medical profession to adopt this new ideology.
The age of informed consent brings with it enormous changes to the previously paternalistic health service. It is the right to know, and the right to say no. Tschudin "Informed consent is about the right to control our own destinies and to determine our own ends as far as humanly possible; it is about the right to make choices and the right to refuse consent; it is about the right of individuals to preserve their integrity and dignity whatever physical and mental deterioration they may suffer through ill health; it is about our duty always and in all circumstances to respect each other as fellow human beings and as persons.
The writer will explore the subject as it relates to midwifery, using examples from the field and with reference to pertinent laws and professional guidelines. LAW Consent has been an issue in English law since the middle ages, however the first legal action concerning consent was not raised until when a patient brought an action against his doctors alleging that he had not consented to a particular treatment Faulder More recently at the beginning of the century, consent forms before surgical procedures became statutory Faulder Informed consent however, was not raised as a legal issue until in the case Bolam v.
Friern Hospital Management Committee cited by Faulder The case centred round the hospitals alleged failure to disclose risk to the patient who subsequently suffered a fracture. Although the court found in favour of the hospital in this case, the need for more information was highlighted.
|Law and ethics in nursing – Assignment Example||Hire Writer A nurse is accountable to the public in the form of criminal law and they have a duty to maintain standards of care, which includes reporting incidences of negligence and poor patient care Thompson et al. These professional standards of care are set out by the Nursing and Midwifery Council who states that nurses must always act lawfully and uphold the reputation of their profession.|
|Law and ethics in nursing – Assignment Example||Legal and Ethics Issues May 8, Aim: In your future role as a health care professional you will be faced with complex and challenging situations.|
|Ethics and Law in Nursing – Assignment Example||Hire Writer However, according to Tschudin this can be based on ones social, religious and cultural beliefs and these beliefs can vary, depending on what group one belongs to. For example a Nurse that is a Catholic may believe it is unethical to have an abortion.|
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The court found that the hospital had provided acceptable information based on current standards of practice, however at that time the current standard practice was not to provide fully informed choice, which is now thought to be best practice. From this case, the Bolam test was devised, which examines a consensus of current practice for comparison.
As the law currently stands, a healthcare professional " Treatment without consent may be regarded as battery, but legally this consent still does not have to be fully informed in the UK. The amount of information provided is at the discretion of the doctor, as demonstrated by the Sidaway v.
Consent may be implied, verbal, or written, but accurate records must be kept by the professional as to the information given and the consent granted by the client UKCC Rogers states two notable exceptions whereby a patient can be treated without their consent.
The latter exception has been utilised in a number of recent enforced caesarean section cases whereby the client has been deemed temporarily mentally incompetent due to her refusal to give consent to the operation. The judge deemed that although the client was behaving irrationally due to a needle phobia, this did not imply she was not competent to make her own decisions.
If she were competent to consent, then her refusal was also a competent one. The rights of the mother to autonomy as a priority even when risking the life of her unborn child have also been clarified by these recent cases. The case of Gillick v. However, the parents approval must still be gained if the child is not deemed to be mentally competent to make their own decisions.
Although many are not able to be used in a court of law, breaking these rules can lead to being struck off a professional register or any number of other sanctions that may be enforced that may result in legal action.
A registered midwife is personally and professionally accountable for their practice. This accountability extends to adhering to the Code of Professional Conduct UKCCwith clauses 5 and 7 being especially pertinent to the topic of informed consent.
Clause 5 states that a midwife should:Law & Ethics Assignment In this module you have carried out a number of tasks that have required you to reflect on the relationship between law and ethics. For the assessment of this module you are required to prepare a number of tasks, which will form part of your portfolio.
Legal professions Law Legal ethics Occupations Practice of law Law in the United Kingdom Philosophy of law Trust money Lawyer Deception Solicitor Legal education This is an Essay / Project Essays / Projects are typically greater than 5 pages in length and are assessments that have been previously submitted by a student for academic grading.
In this essay, the whole critical discussion will be about the professional, ethical and legal issues that arise according to the given scenario. According to nursing council of New Zealand, nursing profession is bounded by its own code of ethics.
LAW/CLAW ESSAY ON ETHICAL REASONING ASSIGNMENT INSTRUCTIONS 1. Review the following fact pattern and respond to the question at the end of the fact pattern by writing a brief (maximum words, excluding footnotes) essay.
It is not unethical, unprofessional or unlawful to administer medication covertly in certain circumstance. As long as guidelines have been followed in accordance with the Nursing and Midwifery Council (NMC) () and The Mental Capacity Act ().
There will at times be a legal solution that can be applied to the situation. It is important that you are aware of what this might be so that you can confidently practice within these legal boundaries.