Discuss about the Legal and Ethical Considerations for Employers.
All medical practitioners are highly amenable to the public, patient, employers and the profession. In order to change the state of the healthcare, health experts should be able to respond to client’s complaints appropriately. The primary goal of legal and ethical considerations within the nursing healthcare is to reestablish the health of patients. Legal and ethics in nursing help to minimize the harm and maximize the benefits of treatment (Eburn,2013 The treatment can no longer be justified if the patient fails to take medication. It's so unfortunate that many medical practitioners, may not understand the preference for the resuscitation (Graham et al. 2013). On the other hand, patients do not understand their resuscitation. Nurses play a crucial role in offering maximum qualities and support to the patients. Therefore, nurse's loyalty is required to relieve the emotional, physical and psychological suffering that patient and the family members experiences (McShane & Von Glinow,2013).
This paper will evaluate legal and ethical considerations that are linked to the professional nursing issues and how they are perceived internationally. The case study involves a patient by the name Dawn admitted with massive stroke experiences. The patient has been unconscious for about three weeks (Cherry & Jacob,2016).). Dawn's condition was deteriorating at a very high rate. The deuteriation forced the nurse to initiate for an alternative option through the patient's family members. The tests done previously showed Dawn's breathing system was compromised. In the process, the nurse felt it was important to discuss the issue with Kelvin Jones her husband and her daughter to give her a comfortable life.
The ethical and legal considerations
The ethical and legal considerations present nursing profession and healthcare practitioner with legitimate circumstances in which choices must be made. Dawn's sickness is a big problem to the members especially the husband who is never ready to accept her condition. Though the diagnosis of the massive stroke was made according to the patient's test outcome.
In such conditions, it is vital for the nurse to ensure the family receives the best knowledge concerning the stroke and its consequences. The eradication of any form of confusion within Dawn's family members regarding her wife is very vital in trying to highlight the moral, ethical and legal concerns. It's also necessary for Kevin Jones and her daughter to receive the exact information concerning the health status of Dawn.
The stroke case is irreversible hence the importance to engage ethical decisions when handling the patient. In the conversion, the nurse is giving Dawn's family the idea of looking for another doctor or even change the facility in case they are not comfortable with the current facility. According to (Huston, 2013) Patients with stroke cannot think and cannot communicate with individuals around them. That means the quality of the life of that particular patient it's impoverished. Any additional treatment can result in more considerable distress and extend the agony experienced by the patient. The nurse judgment should, therefore, be directed by the facts that result from the treatment. The case of Dawn seems to be less beneficial forcing the nurse to seek more direction from Kevin's family. (Kelly et al. 2013) states that ethics in the healthcare decision and dilemmas recur around the next option depending on the patient's best interest.
When giving Patient's health position to his or her family members, it's necessary to have the confidence in the concept of the disease ultimately. For instance, in the case of Dawn's stroke, the nurse was familiar with her medication and the legal procedures as expected by the family members. She termed Dawn's case a problem calls for more patient from Kevin Jones. The reason being, nurses should be in capability to explain in details to accommodate their predicament and the confusion. The research by (Harris, & Atkinson,2013) shows that 54% of many health professionals have inadequate information when discussing the health condition of the patient with the family members. That means, only a few family members can understand the fundamental aspects of the prognosis and the diagnosis of their patient. Kevin Jones is not able to understand the condition of his wife when revealed for the first, and that makes him feel the nurse is incompetent. Therefore, all nurses should embrace their role in the health life care and professionalism to the family members and patients to validate their emotions. The validation will assist the patient's relatives to cope with the current condition of their patient. Preventing the confusion among the relatives is essential can only through giving vivid information of the patient. That will be helpful to the family members in understanding that the stroke has occurred. A clear description of the diagnosis must be reinforced (Stahl, Eden, & Jirotka,2013).
It's legal to describe the patient's condition to his or her relatives. For instance, stroke can only be defined when all the test procedures are done. From this point, the patient can now be regarded as suffering from the stroke. The information may help the relatives to eliminate any confusion about the patient's condition. In some states like the United Kingdom, the patent can withhold the treatment. It's only the doctor who can withhold the therapy. Although the relatives must be consulted (Pozgar,2014). In Dawn's case, the nurse is requesting the family members to provide a doctor who can access the patient's independent of determining the nature of her condition. The medical professional will use the evaluation of the risk, burdens and the general acceptability regarding the treatment. Gunn & Taylor (2014) discussed the ethical on doctor's propriety to follow to allocate the resources in a fair manner during patient treatment administration. Therefore, this holds the moral consideration by the medical profession when sharing the responsibilities of the healthcare with the family members.
The described law as a high-quality code of conduct which every person should not fall into. Then (Graham et al. 2013). Defines act as the form of rules and conduct enforced through binding the legal authorities. Authority management will punish every ever health personnel who breaks the law. Kevin Jones threaten to report the nurse when he feels the two had taken sides with his daughter to frustrate him. (Elwyn, 2012) Suggested that ethics is like a moral, ethical principle. The ethical principle acts as a guide to the nurse in making a noble decision and upholding proper conduct when reacting to Dawn's stroke condition. The ethical principle should guide the nurse in building a righteous judgment in her nursing health practice. Ethics and morals work together. Their origin can be traced from a common root. The importance of incorporating these ethical principles is recognized in the whole world. With Dawn's stroke case, the nurse was in the noble fix to her condition. That made her arrange a conference with the family to discuss her health. The nurse tells the husband, her situation would demand his comfortability. That comfortability would guarantee her long life (Morton, Fontaine, Hudak &Gallo,2017).
The Main ethical principles
The four main ethical principles are beneficence, autonomy, justice, and confidentiality. The moral principles were developed by (Cherry & Jacob,2016).). The ethical guidelines for privacy, honest and high-quality behaviors are linked to four main principles of ethics.
The autonomy principle
Concerning the autonomy principle, people should be allowed to control their health condition and make their own decisions as well. The nursing, legal and ethics are centered on the concepts that nursing profession is collaborative. Therefore, all the patients should have the rights to bodily autonomy where possible. That means complying with the legislation is a must. The control overwhelms individual information with no unjustified interruptions from other people. Relating the ethical principle to Dawn's health condition, concealing her current state would put Kevin in a distress condition. The rules and the regulations within the health profession require the nurses and doctors to take care of the well-being of Dawn and that of her family. Considering her husband's age, it's important to prevent any form of harm to him and the rest of the family members. Thus, the confidentiality had to pave the way. Hence the nurse had the right to consult Dawn's family members and to disclose her condition to them. (Burkhardt & Nathaniel,2013).) states that the confidentiality and privacy is one of the rights an individual with the stroke should uphold. To respect such rights, the nurse could not disclose the condition of Dawn to Kevin without the consent of other family members.
In Kevin's point of view, the beneficence principle benefits him where he is informed of her wife condition hence decreasing the risk of distress. The fact that Dawn is experienced the massive stroke is still a human being, and her individuality should be respected. Kevin has the right to keep the secret of her life. He is furious with Bronwyn's partner and tells him to keep off the family matters. The ethical difficulties emerge between the third person and the professional nurse confidentiality. The nurse is not so quick to excuse her daughter's partner from the family conference. She should first seek to know why Kevin Jones is so hard on him. Research done proved that many people are not comfortable to share the health state of their family members. The primary objective for the nurse to disclose Dawn's condition to the family members was to seek physical and psychosocial support from the relatives (Arnold & Boggs,2015).
The third principle is the confidentiality which means to keep the promise. The nurse was able to honor the commitment of the family by availing herself to the conference. The principle ensures the trust between the health practitioners, patients, and the family members. The family promises to organize the independent doctor to attend Dawn and as well plans to meet them the following day. Thus, satisfying the law of the confidentiality which states that the nursing profession should not divulge the information of the patient without relative's consent. The nurse is also expected to hold the anonymity even after disclosing the health condition of Dawn to her family members. Though confidentiality doesn't mean concealing the information from the people who can harm the information. This aspect maintained the Bronwyn's friend within the family conservation.
Injustice principle enables the medical practitioners to provide the patient and the family members with what they deserve. The policy is essential in treating all people equally in public. Justice according to (Eburn2013) means an ethical obligation in distributing the cost, benefits, and risks in an equal manner. The nurse must possess quality and competent skills in counseling the patient (Billings & Halstead,2015). She must protect the rights of Dawn regarding her test, history, counseling and the treatment and educating her on how to cope with the health condition.
The high growth of necessity within the nursing profession, ethics efficient and critical thinking in making the decision is substantial in modern nursing practices. It doesn't need the nurses and doctors to maintain standards only. It's imperative for the medical practitioners to understand and have knowledge on various ethics, professional and legal matters they are faced with within their lines of duties. Medical practitioners should always be aware of the three fundamental roles which include confidentiality, health care for every patient and autonomy. Therefore, all medical the practitioners should understand the three duties are supplemented by four central ethical principles include beneficence, autonomy, confidentiality and the justice.
The nurses are encouraged to be responsible and accountable for every action they take within the lines of their duties. That's necessary for the healthcare professionals to uphold knowledge, the code of conducts, law, and policies to be useful in giving services. The satisfactory values of any health practitioners are similarly important in an ethical decision making. In every health care set up, nurses are always faced with ethical dilemmas in the choices of the principles to use in making their decisions. These principles are autonomy, the confidence, beneficence, and justice. In the decision making within the nursing profession, cons and pros must be weighed before reflecting on the patient's condition. By doing this, the four principles will not be bleached.
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