Clinical Application Of Law And Ethics Media Assignment Sample

Clinical Application Of Law And Ethics Media Assignments

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Possible ethical dilemmas

To complete the medical treatment, the Device needs to be admitted to the hospital and it will take a few months of time. Other than that, it has also been confirmed that his mother will not take any responsibility for him which increases the significance of Australia's medical legislation law. Nursing legislation laws play a significant role in this case which is suggested by the Legislation of Australian Health and Safety Act (Potter et al. 2019). David wants to live with his family which is the residential mental home and he is pleading with the staff to not send him away and wants to be able to stay with his friends.

According to the “UN Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care”, most people who have a mental health issue and do not have any person to care for, need to be treated according to the “International Mental Health Standards”. This refers to “Non- maleficence” that represents not to harm, and Cause to no needless harm or injuries according to reasonable “standards of performance” (Qcc, 2022).

David has to be cared for according to the international mental health care standards and he needs to be cared for by professional nurses all the time. According to the “Mental Health Service Act”, the government and local authorities need to take care of the ill person and give him the proper medical treatment in a reputed hospital. Other than that, David is also applicable for UN standard treatment which needs to be delivered by the local government authority as per the “Education and Care Services National Law Application Act, 2010” (Legislation, 2022). As per the case study, it has been cleared that David is unable to understand his physical condition and he needs to be analyzed using “Behavioral Theory”, which is also approved by the “Australian Nurse Association”.

Possible Legislation and Law

This issue can also be monitored by developing Cognitive theory, which helps to characterize the issue to focus on a particular aspect of the condition (Psycnet, 2022). Therefore, it also evaluates the emotional thoughts of the person during the decision-making. Analyzing the adopted behavior is the primary factor of the theory and it can help to evaluate the current condition of David and his point of view. Nursing standards play a vital role in the case and nursing legislation law can help to analyze the current condition of David and it can also help while making the decision regarding his medical condition. According to the “Nursing and Midwifery Board Australia” most of the nurses who treat David, need to follow the Code of Standards (Nswnma, 2022). The “ICN Code of Ethics” for Nurses provides ethical guidance in “relation to nurses”, “roles”, “responsibilities”, “behaviors”, “duties”, “relationships with patients”, and “professional judgement”, and other people who are receiving nursing care or services, co-workers and allied professionals (INC, 2021).

Outline specific standards are also maintained by the nurses which can help the David to increase their personal health. Other than that, Mandatory reporting is also applicable for the Devil's case and he needs to be monitored by developing a Code of Standards. David’s mental health deteriorates and his mental health is like a 10 years boy who needs special care by applying the Code of standards, which is authorized by NMBA. 

After analyzing the whole situation of David, the “Decisional Capacity Model” can help to monitor and develop medical health of David (Ncbi, 2022). According to the “Healthcare Decision Making Capacity (NCBI)”, nurses need to apply the “Understanding, Appreciation, Reasoning, and Expression of Choice model” to develop the current condition of David and his mental health. Other than that, David needs to be protected by the Local government authority according to the “National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, 1979”. Furthermore, according to Hafen, 1976, without the protection and consideration of those with diminished decision-making capacity, there is always a risk of “Abandoning Patients to their rights '. According to the “Children's Liberation Law”, David can be denied his mother and he can be adopted by other parents which can increase his living standards of the David which may help him to improve his medical condition.

Utilitarianism and Deontology

The meaning of Deontology is refers to patient-centered, whereas the Utilitarianism is a society centered. Furthermore, the both of the approaches opposite to each other, that owns the substantiating advantages and disadvantages it the various medical practices. Hence, in the case of David, ethic of Deontology is prefers better appropriate for an individual (Ncbi, 2016). On the other hand, those decisions may not lead to better outcomes for prospective of society. The nursing system and health care systems required to balance both of the ethical to made congruity in the different types of medical practices such as Non-Malfeasance, Autonomy and Justice.

Tort of Negligence

The negligence is a type of civil tort which occurs at the time of a person breaches occurred at his “duty of care”. It is owed to the other person due to the person whom that other person suffers with any type of legal injury (Lawctopus, 2021). Hence, David may can improve its medical condition by using the “tort of negligence” to avoid any type of mistakes for his unconditional behavior.

Clinical environment and professional legislation

Theories and models have been discussed to demonstrate the current scenario of the Devil and his current medical condition. Hence, there are different elements of the medical process that nurses can try to develop David’s condition. “Describing the process Intervention” is the process that can divide the characteristic of the treatment and it is slowly mandatory by the NCBI, Australia (Ncbi, 2022). Nurses should also follow the Beneficence to emphasize the patients’ role in Decision making in the purpose of relationship of a “health care provider” (HCP) and the “recipient of care”. By discussing the alternative intervention to analyze their current condition, David can also reduce the risk factor from the medical treatment. Risk proposed intervention also needs to be determined for better service, and lastly, Eliciting the Patient's morality can increase the motivation level of the patient and all the processes are recommended by the NCBI, Australia. Furthermore, the application of “INC Code of Ethics for Nurses” used as a guide by nurses in everyday sectors, the “revised Code highlights” the need to support, and protect nurses.It also provides them an enduement that they have the “appropriate education”, and “training and resources” to provide the highest quality of care to all patients (Inc, 2021).

Veracity is also important to protect the Devil's Medicare rights and it can also increase the medical condition of the David. Analytical Development can be implemented in the Devil's case and it can reduce risk factors in the David's case. Other than that, according to the Human Rights Act, Australia, David has the right to know about his medical condition and he also has the special power to make discing according to their benefits (Gill et al. 2020). The fidelity factor needs to be developed by the Government and it can help the patient to understand their rights. After analyzing the story, it's clear that David has plenty of laws to protect himself and he can also be adopted by any person.

References

• Gill, N. S., Amos, A., Muhsen, H., Hatton, J., Ekanayake, C., & Kisely, S. (2020). Measuring the impact of revised mental health legislation on human rights in Queensland, Australia. International Journal of Law and Psychiatry, 73, 101634. Retrieved from: https://researchonline.jcu.edu.au/66004/8/JCU_66004_Gill_et_al_2020_accepted.pdf, (Retrieved on: 8th Sep 2022)
• Qcc, (2022), Section 5. Five Major Moral Principles in Health Care, 2022, Retrieved from: https://www.qcc.cuny.edu/socialsciences/ppecorino/medical_ethics_text/Chapter_3_Moral_Climate_of_Health_Care/Five_Major_Principles.htm (Retrieved on: 8th Sep 2022)
• Hein I. M., Daams J., Troost P., Lindeboom R., & Lindauer R. J. L. (2014). Accuracy of assessment instruments for patients’ competence to consent to medical treatment or research. Cochrane Database of Systematic Reviews, (5) Retrieved from: http://onlinelibrary.wiley.com/doi/10.1002/14651858.CD011099/epdf. (Retrieved on: 8th Sep 2022)
• Lawctopus, (2021), Legal Aptitude for CLAT: Law of Torts: Negligence, 2021, Retrieved from: https://lawctopus.com/clatalogue/law-of-torts-negligence/#:~:text=Negligence%20is%20a%20civil%20tort,something%20due%20to%20careless%20behaviour. (Retrieved on: 8th Sep 2022)
• Inc, (2021), Revised ICN Code of Ethics for Nurses reflects lessons learned from the COVID-19 pandemic, 2021, Retrieved from: https://www.icn.ch/news/revised-icn-code-ethics-nurses-reflects-lessons-learned-covid-19-pandemic (Retrieved on: 8th Sep 2022)
• INC, (2021), THE ICN CODE OF ETHICS FOR NURSES, 2021, Retrieved from: https://www.icn.ch/system/files/2021-10/ICN_Code-of-Ethics_EN_Web_0.pdf (retrieved on: 08.09.2022)
• Legislation, Children (Education and Care Services National Law Application) Act 2010 No 104, 2022, Retrieved from: https://legislation.nsw.gov.au/view/html/inforce/current/act-2010-104, (Retrieved on: 8th Sep 2022)
• Ncbi, Assessment of Healthcare Decision-making Capacity, 2022,Retrieved from:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5007079/, (Retrieved on: 8th Sep 2022)
• Ncbi, Informed Consent, 2022, Retrieved from:https://www.ncbi.nlm.nih.gov/books/NBK430827/(Retrieved on: 8th Sep 2022)
• Nswnma, Nursing and Midwifery Board of Australia (NMBA) - Code(s) of Conduct,  2022, Retrieved from:https://www.nswnma.asn.au/wp-content/uploads/2020/05/NMBA_Codes-of-Conduct_PPT.pdf, (Retrieved on: 8th Sep 2022)
• Potter, R., O'Keeffe, V., Leka, S., Webber, M., & Dollard, M. (2019). Analytical review of the Australian policy context for work-related psychological health and psychosocial risks. Safety science, 111, 37-48. Retrieved from: https://nottingham-repository.worktribe.com/index.php/preview/1134850/Potter%20et%20al_Safety%20Science_25.09.2018.pdf, (Retrieved on: 8th Sep 2022)
• Psycnet, Cognitive theory, 2022, Retrieved from: https://psycnet.apa.org/record/2015-25841-006, (Retrieved on: 8th Sep 2022)
• Ncbi, (2016), Utilitarian and deontological ethics in medicine, 2016, Retrieved from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4778182/#:~:text=In%20utilitarian%20ethics%2C%20outcomes%20justify,may%20not%20justify%20the%20means). (Retrieved on: 8th Sep 2022)