Our nursing and health experts are ready to help you with any writing project, from simple writing plans to nursing theses. DUTY OF CARE – The duty of care in tort law is a legal duty imposed on a person that requires an appropriate standard of care when performing tasks that could cause harm to others. (Forrester & Griffiths, 2010). After reviewing all the information contained in the case study, the only action the EEN can take is that it has an ethical and professional responsibility to report as accurately as possible all the facts that occurred under the direction of the AI. The purpose of this essay is to examine the case study scenario of Ms. Davis, a resident of Sunnyside Day Respite Care Center. In this case study, we will examine the legal and ethical issues and implications of these issues that could affect the registered nurse, the EEN and Ms. Davis` family members, as well as the care facility. Widely accepted ethical principles are reflected in several international declarations and recommendations, but national legislation on care for the elderly is very diverse. Ethical considerations go beyond purely clinical assessments and include all consequences of initiating and/or interrupting healing and care. The oldest Hippocratic principles – charity (doing good) and non-evil (doing no harm) – are the obligations of physicians to act in the best interests of patients.
Autonomy, the existence and meaning of freedom of choice and self-government, has replaced paternalism and is valued in Western culture. Sufficient patient information and capacity are prerequisites for giving informed consent prior to treatment. In the event of a lack of capacity, health care providers should consult with family members or other representatives to find out what the patient`s wish might have been. Extended wishes or extended instructions can help avoid substitution decisions. All healthcare professionals must obtain the patient`s consent before touching a patient and/or procedures and treatments may be performed. (Forrester & Griffiths, 2010). In response to these questions, Legal and Healthcare Ethics for the Elderly provides a balanced analytical account of the complex social, medico-ethical, and political perspectives that interact with gerontology as a field of research. In a simple and unambiguous style, it includes information on access to and financing of health care, the ethics of health care rationing and the inevitable link to quality of life, guardianship issues in a nursing home, informed consent, living wills and continuing powers of attorney, elder abuse and death with dignity.
The care economy is recorded and controlled by the sometimes harsh realities of the market. Thus, the various philosophical and ethical dilemmas facing the aging process are examined here from a micro and macroeconomic perspective. This book illustrates that it is crucial to be educated now, to be prepared for the future and, therefore, to make informed decisions – both for ourselves and for our loved ones. The coroner will assess all the events that led to the patient`s death, assess the legal and ethical issues in the case study, rely on all the facts to arrive at a conclusion and responsibility of the RN nursing home and the NEE, which in this case may lead to criminal charges. SCOPE OF PRACTICE – is defined as a nursing practice where nurses are trained, competent and licensed to meet the health needs of patients in a facility where care is provided and must adhere to the relevant policies and protocols of the health care facility. (Australian Federation of Nursing, 2005). The AI and the EEN have a duty of care to Ms. Davis the ethical issue is that there has been a lack of due diligence and two of the RNs want the EEN to lie about the events, this is a violation of the Code of Ethics and the Code of Ethics. NEGLIGENCE – Negligence is a civil action that can be brought by a patient or family against health care staff and facilities if a patient is injured in their care. The healthcare facility can also be held accountable for the actions of all employees. (Forrester & Griffiths, 2010).
In conclusion, this case study highlights the ethical and legal issues faced by health care professionals in health care settings, whether a hospital or a nursing home, when adverse events occur. A nurse or caregiver should always practice in his or her field of practice and adhere to the codes of conduct for which he or she is employed. The Department of Health and Ageing noted a high level of restraint in Australian nursing homes in 2005. Due to the high level of restraint, it is now regulated in all health facilities. Ms. Davis was injured in a health care facility and sustained a head injury while handcuffed. Doctors who care for nursing home residents are regularly confronted with ethical and legal questions. Because care in nursing homes is complicated by many regulations and nursing home residents have complex medical and social issues, some issues are unique to long-term care and others are unfamiliar in an unknown way. In this context, frequently discussed topics are discussed: living wills, competence and decision-making capacity, decisions regarding life-sustaining treatments, abuse of residents, chains, psychotropic medications, risk management, participation in research and ethics committees.
With knowledge of legal and ethical frameworks and an understanding of some of the common and complex issues that arise, physicians should be better equipped to provide optimal care to nursing home residents. Lying about the events leading up to the incident would constitute a serious breach of due diligence. With respect to the case study, there could have been other options for the registered nurse in Ms. Davis` custody rather than holding her against her will “FALSE DETENTION” without a restraining order from her general practitioner and family. Following events that resulted in the patient`s death while caring for a healthcare facility, the AI and EEN as well as the employer of both parties are responsible for the actions and events that led to the devastating event. All healthcare facilities require a doctor`s prescription for restraints, the doctor must assess the type of restraint to be used by the patient. (Crisp and Taylor, 2013pp 285-286). aging as a phenomenon; a right of full or limited access to health services; health care financing; economic efficiency, prioritization and rationing; paternalism of autonomy, jurisdiction and guardianship; informed or negotiated consent; Advance Guidelines; the complexity of treatment and non-treatment decisions; the nursing home industry; the ethical and legal rights of residents of long-term care facilities; death with dignity; the future; Annexes. OPEN DISCLOSURE – is defined as an open discussion about incidents that caused harm to a patient while caring for a healthcare facility with the patient`s family, caregivers and other supports.
Australian Commission for Healthcare Safety and Quality. (2013). Advocating – is essentially the role of the nurse to advocate on behalf of patients of interest. Advocacy is designed to protect the patient from possible harm caused by other health care workers and can also protect the patient from family members. It is the nurse`s responsibility to report any potential harm to her patient. It is the duty of the caregiver to defend the safety and rights of patients. (Forrester & Griffiths, 2010). Do you have a degree of 2:1 or higher in nursing or health care? CORONER – The coroner in Australia is usually a judge with legal training.
The coroner`s court is part of the Australian judicial hierarchy, the coroner`s role is to identify the deceased and hold a public hearing on reportable deaths, the coroner`s function, if necessary, investigates a death that occurred in certain circumstances. (Forrester & Griffiths, 2010). In this case study, it is evident that the RN and the geriatric care facility did not assign a duty of care to Ms. Davis because Ms. Davis was tied up and physically harmed her. VICARIOUS LIABILITY – Is a form of secondary liability, which is customary law, in which a secondary part in which an older health worker can be held responsible for ordering a young health worker to perform a task that has caused harm to a patient. DOCUMENTATION – is an essential part of patient care, from admission to discharge, although patient records are not legal documents, they can be used in court according to the rules of evidence. In effective documentation, there are several factors to consider that the information must be clear, precise, concise and objective, the simultaneous reporting of changes in the patient`s condition must be documented immediately or very soon after. All documents must have a date and time of entry, the handwriting must be legible, the nurse must only document what she sees, hears and judges, the patient`s name Date of birth and numerical number must appear on all documents. Australian Healthcare Safety and Quality Commission. (2013).
Open disclosure of things that don`t go as planned in health care: a pamphlet for patients who are starting an open disclosure process. Retrieved by www.safetyandquality.gov.au/wp-content/uploads/2013/05/SAQ083_Patient_guide_OPEN_DISCLOSURE_INTERNALS_V5.pdf In this exclusive AHHB title, Professor of Law at the University of Wollongong reveals the problems faced by an Australia with an increasingly ageing population.