Discuss about the Professional Identity for Ethics and Law.
Case study analysis: Sandy Wilson
Mary as a health counsellor finds it difficult to answer the questions of sandy’s mother, Mrs. Wilson, who had asked Mary about the nausea and tiredness of Sandy. At this point she gets confused but she knows that, she is having the responsibility and is obliged to do the best thing in support of Sandy and her health. On the other hand, Mary would like to respect Sandy’s wishes she don’t want anyone to know about her suspected pregnancy.
The most basic problem Mary may facing is the way to act in Sandy’s case while respecting her decisions when the matter comes to her suspected pregnancy and other health issues.
- Answer to question 2.
- Sandy’s health might deteriorate is she suffers from nausea and don’t eat properly. This nausea and tiredness might be caused from the low haemoglobin, but as she had suspected pregnancy she is becoming more tensed and thinking that nausea and tired is causing from the pregnancy.
As Sandy is a minor Mary might have to go against her wishes for providing the best care and treatment needed for Sandy.
- Confidentiality is an important point of counselling and the exceptions regarding confidentiality must also be considered. The complex situations in the surroundings confidentiality are brought to notice a suicidal case. Any of the decision relating to breach confidentiality must be done carefully by taking all the confidential matters into consideration (Atkins, de Lacey & Brittin 2014). The difficulty in making a decision, even in cases of suicide risk, lays in assessing “clear and imminent danger.” In this case Sandy wants to keep the news of her suspected pregnancy confidential, so it’s the responsibility of Mary to keep her secrets confidential to her.
- The issue of confidentiality for minor patients are complex as the counsellors have to maintain the confidentiality of the minors as the adults. This is because the minors are not capable to give informed consent and so their power is in the hands of the parents.
- Answer to question 3.
- Mary must maintain the privacy of Sandy, but as a minor she doesn’t have the right to consent the legal issues. At this point, Mary must convince Sandy to inform someone in her guardians to tell about her problem and this can only be done through counselling. To help Sandy and improve her health, Mary has all the ethical, legal and professional rights.
- Under Australian laws, Mary is bound to report the health conditions of Sandy with any of her legal guardian and also to the safety authorities as they are at a risk of being harmed.
- Answer to question 4.
In the above stated options, action A is more appropriate to address Sandy’s problem. The confidential care to the teenagers is a core subject in adolescent healthcare during the reproductive health (Bowles 2015). The arguments supporting the confidentiality of the adolescents are too strong and focussed with respect to emerging independence, detection of evolving the capacity decision making, allowing the adolescent to learn the decision making responsibility in healthcare, and improving safety for care. Adolescence is a phase of development of both mind and body. During this time an individual interacts with other teens and form a group, intellectual and emotional development occurs, enters into higher education and becomes socially independent.
When Mary provides confidential care for Sandy it means that Mary is giving her the opportunity to learn to interact with the clinicians and to become responsible for her own health care. Reports suggested that when doctors discussed sensitive topic with a group of adolescents they responded and are more engaged in their own health care.
The law supports youths' privilege to confidential care. The state health care laws are the strongest laws which provide the teenager to get confidential care and the privilege to decide. Each of the individuals 50 states together with the District of Columbia (DC) have laws which enables the minor people that they must agree for the determination of STD and their treatment. In this agreement, 26 states enable minors to agree to get contraceptive treatment and the rest 32 states enable minors to agree to prenatal care (Alrc.gov.au, 2017).
Confidentiality is never perfect, especially for young people. Similarly as we have a moral commitment to help young people's rising self-ruling selves, so we have an (occasionally contending) moral commitment to secure and act to the greatest advantage of teenagers, who have restricted beneficial encounters to enable them to make judgments. A doctor has the right to break the confidentiality and they has an official right to report, as with child abuse; when he or she knows that the child is harmful to him or her, as with an effectively self-destructive or psychic; and when there is a risk to others, as a homicidal juvenile. Mary must be aware of the benefit of involving Sandy’s parents for her betterment without breaking the confidentiality (Anon, 2017). These ambiguities are recognized in guidelines such as the AMA Code of Medical Ethics, which states that “ultimately clinical judgment, ethical principles, and moral certitude guide decisions about individual cases”.
With support from both Mary and Sandy's guardians, Sandy could effectively take an interest in the maintenance of her wellbeing and prosperity, in this manner counteracting future long term health effects and hospitalization. This will help Mary in doing the best for Sandy and guarantee her the best health care. By this method it seem that the Sandy’s self- sufficiency and increases the parentalism. However the advantages of Sandy’s health and prosperity may exceed these issues. Mary would need to gently explain to Sandy that consulting with her mother about her suspected pregnancy can help her in future complications. Mary should convince Sandy that if this condition of Sandy is not in the knowledge of her parents than legal procedures cannot be handled.
If Mary doesn’t inform to Sandy’s parents that Sandy is recognized as pregnant in and Mary enabled her to decide her own health care then Mary might be blamed. As it’s the fact that Sandy is as yet a minor and has demonstrated not to settle on normal choices with regards to her own health and prosperity is a substantial controversy for paternalistic intervention (Staunton and Chiarella 2013). On the off chance if Sandy is permitted to proceed with the way she is and nobody is told, there may be legitimate repercussions if it proves as an occurrence of positive pregnancy. By disclosing the issue to Sandy's parents and getting them associated with the administration of Sandy's issues, Mary would have broken the policy of client-nurse confidentiality, yet that is less noteworthy than Sandy's wellbeing and prosperity. After some time, Sandy would come to realize why Mary needed to deceive the certainty and present the paternalistic mediation, and that is on account of Mary has carried on of Sandy's best advantage.
Alrc.gov.au. (2017). Capacity and health information | ALRC.
Anon, (2017).[online] Available at: https://www.legislation.nsw.gov.au/#/view/act/1998/157 [Accessed 14 Aug. 2017].
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