Legal And Professional Issues in Nursing

Question: Discuss about theLegal And Professional Issues in Nursing. Answer: 1. As per details of Marion case and observed conflict the treatment team should respond in a diplomatic manner because the case requires analysis on legal as well as the ethical dilemma. In the provided case scenario, the legal and ethical considerations typically favour towards the medical priority to save the life of the mother or living individual. Further, the availability of Advance Care Directive indicating Marion desire of not taking treatment in these circumstances clearly designates that medical professionals need to follow the directions of Marions parents (Griffith and Tengnah, 2014). Kalaitzidis and Schmitz (2012) indicated that in the absence of advance directive the decision or viewpoint of the vulnerable spouse is taken into under consideration to make a medical decision, but the availability of advance care directive the indications in the living will is required to be followed by medical professionals. Further, Kluge (2011) studied that moral personhood also support considering mother as an individual person prior to foetuses. The unborn foetus is subordinate of pregnant women. in provided case scenario, the advance care directive of Marion works as an informed consent where her viewpoint and health requirements are clearly mentioned. Therefore, the healthcare professional needs to follow the directions of Marion parents considering the welfare of both mother and foetus. However, Suhonen et al. (2011) indicated that it is always the priority to save the mother unless it is not possible, then the priority is to save the child too. The ethical principles of beneficence and non-maleficence generally conflict in such situation. Therefore, in the present situation as Marion is possible in the critical stage of life, therefore, in this complex situation the healthcare professional has option to save child where it is impossible to save Marion. 2. In the present case scenario, MO can respond to Jess by providing her with other treatment option available for her aggressive malignancy rather than chemotherapy because Jess made a refusal to chemotherapy in front of her parents. Further, the Advance Care Directive provided by Jess is not valid because She is not an adult yet. Jess is only 15 years by age, therefore, her ACD is not a valid one. However, her viewpoint regarding her treatment option is correct as rejected multiple blood transfusion by her parents basically to support their religious beliefs is not a valid decision (Butts and Rich, 2012). According to Austin (2012), medical health professional needs to respect human dignity as well as autonomy to provide healthcare services in an effective manner. In this case scenario, a conflict arises between the autonomy of Jess where she persists individual right to choose treatment for her welfare and human dignity of her parents religious beliefs. However, Jess refusal of chemotherapy in front of her parents is not a valid and proper decision. This decision created a controversial situation regarding her treatment. Further, as the Advanced Care Directive of Jess is not a valid one as per legal rules, therefore, Tom can never act on her behalf, as she is not an adult. Tom cant even order or permit blood transfusion on behalf of Jess because Jess is in the complete conscious state of mind. Jess herself need to take a decision regarding her treatment option along with her parents consent. Tom on behalf of Jess, can make no healthcare decision. 3. In the provided case scenario, the treatment refusal provided by Kerry is not a valid refusal and can never be considered appropriate to stop her treatment process. Any advanced directive or living will or legal considerations do not support this refusal of Kerry Catel. In the manner to support her decision and fulfilment of her wishes, Kerry needs to get an Advanced Care Directive developed for her. Marianna (2011) indicated that decision-making capacity gets weakened with increasing age, therefore, in elder ages if the patient is facing critical illness or having end-of-life care they should properly get an advanced care directive developed for themselves to compensate their willingness to continue or terminate treatment. Further, for getting her wishes upheld, Kerry needs to develop a proper decision regarding her care requirements, discuss her treatment preference with her family members, formally informing and appointing enduring guardian or decision-maker and lastly, develop her advance care directive for fulfilling her wish of terminating her treatment (Burkhardt and Nathaniel, 2013). According to Austin (2012), the end-of-life and critical care decision are most effective if they are based on overall viewpoint and acceptance by care providers, patients and their families. 4. In the provided case scenario, the request of Dr. Ron getting video shut performed of surgery is not a reasonable request. This request harnesses the patient confidentiality, human dignity and respect for autonomy. Further, this act is completely against the legal consideration that supports patient rights, privacy and confidentiality. As per medical ethics, it is not applicable to capture the surgical processes just for the personal pleasure, social entertainment or personal desire without patient consent (Burkhardt and Nathaniel, 2013). However, Marianna (2011) stated that even with the informed patient consent the act of shutting for personal pleasure in clinical premises is not an acceptable action in the healthcare profession. Jane should have simply rejected or stopped or performed whistleblowing in response to this request of her senior orthopaedic surgeon, Dr Ron Practice. To justify her ethical consideration of beneficence, Jane should have rejected this request of her senior that is also supported by her legal obligation duty of care. As the conduct was unethical as well as illegal, Jane should have filled complain against her senior either in form of whistleblowing or reporting her supervisor. Jess didnt act appropriately because it is not ethically and legally valid to access the personal details of the patient. Kalaitzidis and Schmitz (2012) indicated that both statute and common law state that every healthcare professional needs to respect patient privacy, confidentiality and rights. By accessing the electronic data of patient Tony without any specific reason Jess has disrespected her ethical as well as legal obligations. Marianna (2011) stated that disclosure of patient information without any clinical or justified reason can also result in termination and offensive allegation. Therefore, the action of Jess accessing patient information for personal interest is surely an inappropriate action as a medical professional. References Books Burkhardt, M. A., and Nathaniel, A. 2013.Ethics and issues in contemporary nursing. Boston: Cengage Learning. Butts, J. B., and Rich, K. L. 2012.Nursing ethics. Burlington: Jones and Bartlett Publishers. 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