2805NRS Legal And Ethical Principles In Healthcare

Question:

It is not necessary to give a detailed description of each fact in the scenario. The markers will already be aware of them and it is unnecessary.

Legal issues

Answer the following questions using structured sentences or paragraphs in relation to the legal issues that were raised by the case.

Since Edward refused to receive medical treatment for his viral infection, does the paramedic have legal authority for Edward’s diabetic coma treatment?

Which legal authority can you use to support your answer?

Which elements are necessary for the consent to be valid?

To support your answer, what legal authority can you trust?

What legal consequences could there be if healthcare providers provide treatment without consent?

Edward will not be able to make decisions because he is unresponsive.

Give a reason that supports consent being required in these situations.

Consider all options that healthcare professionals have to consent to Edward’s continued care in these situations.

Which legal authority can you use to support your answer

If there are multiple substitute decision-makers who could possibly provide consent and they disagree, explain the legal options to give a definitive answer about what healthcare practitioners should do.

How will Edward’s life-sustaining care be decided?

Ethical Questions

Identify two principles relevant to this scenario. Describe how these principles can be applied to the facts of the scenario.

Consider the various values of each stakeholder in the scenario to determine where conflict could arise between these principles.

Use the Kerridge et al. modified model.

To resolve the conflict, use the Kerridge et al. (2013) model of ethical problem solving.

Answer:

Introduction

The healthcare sector is very difficult because it presents practitioners with many ethical and legal dilemmas.

To resolve these problems, healthcare providers must use both the laws and the ethical codes of conduct.

Edward has been battling illness for a while and is now completely incapacitated.

He is currently in a coma, and cannot make decisions about his treatment.

His family members, who have been authorized to act as his surrogates, should make the decision.

If he refuses, the decision must be honored because it was made by a qualified individual.

Legal issues

Paramedics have the authority under law to initiate or end treatment for patients who are in a coma.

Paramedics have the power to decide whether to keep or end Edward’s life support if he is in a diabetic state.

The patient’s medical condition means that it is not possible to provide life support for him.

An in-depth analysis of the patient’s situation revealed that he is in vegetative state and cannot receive any intervention (Walsh Mitchell, Francis, van Driel 2015).

Genevieve was also able to hear the patient’s views. He told Genevieve that he would prefer to not receive life support if he goes into a coma.

He is unconscious and cannot make a decision, but his wishes regarding the matter should be respected (Hutchinson et al. 2014).

Patients can refuse treatment under the National Policy Framework for Advanced Care Directives, provided they are certain it is right.

Paramedics should stop providing life support to patients if they have been supported by their family members.

Genevieve’s views are clear evidence that the patient should not receive any further treatment. It will not benefit him (Rehnsfeldt et al. 2014).

Genevieve is a witness since he was present when the patient declared his refusal intentions.

Her assistance can be used to make a substitute decision for Edward.

She can consent in writing on behalf Edward.

Edward, as we have already mentioned, is currently in a coma. He cannot consent to treatment.

He cannot consent to or refuse treatment because of his unconscious condition.

Because he is unconscious, unable to understand the situation or communicate effectively with paramedics, he is considered incompetent.

His family members must consent to his behalf (Peate Wild & Nair 2014).

Another party can substitute the decision and consent for the patient under the law.

The Victorian Civil and Administrative Tribunal (VCAT), and the enduring power of the attorney allow this.

To be valid, consent must meet these conditions.

The consent must be signed by the substitute decision-maker.

The guardian should clearly state the type of treatment he/she is refusing and the reasons.

The guardian must be informed about the condition of the patient and the reasons for treatment (Bodenheimer & Berry – Millett, 2012).

The guardian must also be able to understand the information provided by medics.

Only an informed guardian is allowed to consent for an incapacitated person.

Last but not least, the guardian must consent to do so voluntarily.

In the event that the law is broken, the medic may be held legally responsible.

The medic will be charged with both criminal and civil violations.

The law will be applied if the medic continues to treat the patient after the guardian refuses.

This applies especially if the patient dies or is subject to further complications.

Even if the complications were not caused by negligence, the medic could be charged with negligence and infringement.

Edward is unable to decide what treatment should be given because he is incapacitated.

This does not mean that medics have to make decisions on behalf of the patient.

The decision-making process should instead be left to the patient’s carer.

Una and Genevieve should be given authority by the medics to make decisions for the patient’s behalf.

Because the law provides that incapacitated patients should be allowed to make their own decisions, substitute decision is necessary (Gjerberg Lillemoen Pedersen, Forde, 2016).

Una and Genevieve should be consulted by medics to determine if the patient is able to save his life and prevent any unnecessary sufferings or fatal damage to his health.

Normally, the patient should consent to any treatment.

If the patient is not competent to consent, medics have only one option. They can rely on their surrogates to provide consent.

In the event that this fails, medics have the option to treat the matter as an urgent and assign the decision-making role (Hsu et al. 2012).

Edward is an example of this. The medics can rely on Edward’s surrogates to give consent for the patient, as Edward is in a coma.

The law states that medics cannot assume sole responsibility for making decisions. They must work with other decision-makers to come up with strategies that will best serve the patient’s interests.

Genevieve and Una are permitted to act as decision-makers because they are close relatives (Oh & Gastmans 2015).

They are therefore qualified to give the medical personnel the direction they want.

Edward is their beloved one so it is assumed that they will always be in Edward’s best interests.

They should sign an official endorsement of their decision and allow the medical professionals to perform their duties.

After the medics have given authority to the substitute decision-makers to make the final decision on behalf of the patient, they should accept the challenge and fulfill their mandate.

Kirkman et al. (2012). The substitute decision makers must deliberate over the matter and come up with a consensus on what action should be taken to save the patient’s life.

It might be difficult for the substitute decision makers to reach a consensus if they fail to do so. This is because their opinions could be contradictory.

In such cases, medics will need to apply the law principles that govern the choices, powers, and privileges of substitute decision-makers.

If this is the case, the medics will only accept the substitute decision maker’s decision.

The hierarchy of decision-makers should guide the acceptance.

The National Policy Framework for Advance Care Directives states that the decision maker at the top should have preference. This is based on the power and authority the person has over the patient and life-saving decisions.

Una disagreed with Genevieve about the next course, so the medics should agree to Genevieve’s decision.

Because she acts on the wishes of the patient, she has greater powers (Mastal 2014).

He also shares the same decisions as the medics, who are able to base their decisions on both the law and ethical convictions.

When Edward is unable to live without life support, the law and ethics must be taken into consideration.

Legally, medics can withdraw life support or provide it to patients in coma.

This decision can only be made with the consent of the patient and/or surrogates.

The medics are obliged to comply with their decision to withdraw life support measures if they consent (Heslop 2015).

The fact that health care is an ethical profession means that medics can apply ethics to the decision to withdraw life support measures.

Edward’s life support should be removed. Legal and ethical considerations should play a major role.

The following are reasons why it is justifiable to end life support measures: 1) the patient consented, 2) the surrogate decision makers or substitute decision makers consented, and 3) it is morally and legally justified as it does not benefit the patient but will prolong his death and cause unnecessary sufferings (Cannaerts Gastmans & Casterle 2014).

Ethical Questions

The Universal Declaration on Bioethics and Human Rights (UDB) is a set guidelines that address all ethical issues related to life sciences and medicine, including those relating to the legal, social, and environmental dimensions.

The declaration states that human beings should be treated equally and should enjoy the same ethical standards in medicine and life science.

Because of their relevance to the principles of consent and benefit and harm, the Universal Declaration on Bioethics and Human Rights should be used in Edward’s treatment.

In this case, the first principle to apply is the principle of harm and benefit.

This principle should guide scientific knowledge in medicine and life sciences.

It should bring maximum benefits to society.

When a patient visits a healthcare facility, it should make every effort to improve his quality of life and to protect him from any potential harm (Ludman, Von Korff 2012).

Edward should receive this.

Another principle of consent states that all medical actions should be sought the informed consent of the patient.

It should be voluntary after the patient’s consent or substitute decision-makers in cases of incapacitation.

Edward, just like any other patient should receive a benevolent care that will improve his condition and eliminate any suffering, pain, or harm (Laughlin & Beisel 2013, 2013).

These principles can help you achieve this.

Genevieve and Una’s disagreement can lead to a conflict between the principles.

The principles of consent dictate that a patient can accept or reject a treatment on the basis of their moral conviction.

Edward told Genevieve that he wanted his life support to be removed in the event of him falling into a coma.

Una disagrees with Genevieve and this implies that Una doesn’t want the patient exercising his consent rights.

The two parties also disagree on the withdrawal from life support. This means that they are not committed to providing holistic, safe and ham-free healthcare for the patient.

The conflict is therefore incompatible with the principles of Universal Declaration on Bioethics and Human Rights for patients.

Conflicts in the application principles of the pro-patient Universal Declaration on Bioethics and Human Rights are unnecessary and should be resolved.

Modified Kerridge et al.

The (2013) Model for Ethical Problem Solving must be used.

This model shows that healthcare providers face ethical and legal problems. If the appropriate steps are taken, these issues can be solved.

The law can be used to resolve the dispute between surrogates.

The healthcare provider should follow all applicable legislations in order to find a way out of the impasse.

The healthcare provider must also adhere to the ethics codes of conduct that govern health care (Wagner & Dahnke 2015).

A beneficial decision should be made in order to meet the requirements of beneficence and non-maleficence as well as justice and autonomy.

When caring for patients, ethical decision-making is an important activity. (Walsh 2016).

It can assist in addressing all ethical and legal issues that healthcare professionals face, especially when it comes to complex matters such as the end-of-life decision.

Conclusion

Edward is currently in a coma, and isn’t aware of the immediate environment.

The healthcare providers should communicate with Edward’s substitute decision makers when caring for him. This will help determine the best course of action.

Because Edward’s health is a concern for his family, the substitute decisions made by the medics must be implemented.

Because they are empowered to make decisions on behalf of patients, no one should contest or reject their decision.

Any conflicts that may arise from the application of the Universal Declaration on Bioethics and Human Rights principles should be resolved using the concepts of Modified Kerridge et al.

(2013) Model for Ethical Problem Solving

Refer to

The contribution of ethics education to nursing students’ ethical competence: Students’ and educators’ perceptions.

Nursing ethics 21(8), 861-878.

Perspectives of relatives and patients.

Nursing ethics, 23(3): 253-264

Ethics?in?the Round: A Guided Peer Approach to Addressing

Ethical issues facing nursing students.

Perspectives on nursing education, 35(1): 58-60.

A quantitative literature review of moral distress experienced by nurses.

Nursing ethics, 22(1): 15-31.

Nursing practice: Knowledge and care.

New York: John Wiley & Sons.

Family members’ understanding of dignity in nursing home care.

Nursing ethics, 21(5): 507-517.

Nursing ethics and disaster triage: Using utilitarian ethical theory.

Journal of Emergency Nursing, 41(4): 300.

The Synthesis Project, care management for patients with complex medical needs.

Princeton, NJ: Robert Wood Johnson Foundation.

The implications of hospital activity data for outcome detection: Implications to the development of nursing-sensitive quality monitoring in Australia (Commentary).

International journal of nursing research.

2015 January 1;1(52), 487-90.

The case study of a patient-centered redesign of a medical home.

Journal of Ambulatory Care Management 35(2): 99-108.

Diabetes in older adults.

Diabetes Care.

Evolution of the primary care role of registered nurses in chronic care.

Nursing Economic$, 28(6): 409-414.

Cost-effectiveness and cost effectiveness of multicondition collaborative care interventions: A randomised controlled trial.

Archives of General Psychiatry 69(5): 506-514

Ambulatory care nursing is growing as a profession.

Nursing Economic$, 28(4). 267-269. 275.

What diagnostic tools are available for the?

How can you identify palliative care patients in general practice early?

Systematic review.

Journal of Palliative care.

Perspectives: Nursing ethics, human rights, and asylum seekers: An Antipodean perspective.

Journal of Research in Nursing 20(8): 741-745.

How to place an order?

Take a few steps to place an order on our site:

  • Fill out the form and state the deadline.
  • Calculate the price of your order and pay for it with your credit card.
  • When the order is placed, we select a suitable writer to complete it based on your requirements.
  • Stay in contact with the writer and discuss vital details of research.
  • Download a preview of the research paper. Satisfied with the outcome? Press “Approve.”

Feel secure when using our service

It's important for every customer to feel safe. Thus, at Nursing Presentations, we take care of your security.

Financial security You can safely pay for your order using secure payment systems.
Personal security Any personal information about our customers is private. No other person can get access to it.
Academic security To deliver no-plagiarism samples, we use a specially-designed software to check every finished paper.
Web security This website is protected from illegal breaks. We constantly update our privacy management.

Get assistance with placing your order. Clarify any questions about our services. Contact our support team. They are available 24\7.

Still thinking about where to hire experienced authors and how to boost your grades? Place your order on our website and get help with any paper you need. We’ll meet your expectations.

Order now Get a quote

Open chat
Order through WhatsApp!
nursingpresentations.com
Hello!
You Can Now Place your Order through WhatsApp