Code of Ethics and the Laws That Govern Nurses and Medical Practitioners - Case Study Example

Code of ethics and the laws that govern nurses and medical practitioners Name Institution Issue Identification Claire who is 20 years old had an accident while cycling and sustained serious injuries in her abdomen and a trauma in her head. Her father, mother, and ex-boyfriend with whom they had broken up 3 years ago accompanied her to the hospital. Due to the severity of Clare’s injury, the medical practitioners advised of two main surgical options i.e. having a colostomy for a period that exceeds 12 months or removing the need for a colostomy thus posing risks of infections and bowel leaks. However, in accordance to the code of professional conduct for nurses in Australia, nurses should always conduct themselves as per the laws pertaining to nursing profession and the broader health system without showing any professional misconduct (Daly & Jackson, 2009). The parents (Tom and Archana) ought be concerned of their daughter’s welfare and make apt decisions as they have their daughter’s best interest at heart as compared to Abdul the (ex-boyfriend). The medical team should then exercise notifiable conduct in arriving at the best course of action. Moreover, the Australian National Law expects the employers and practitioners to exercise ‘notifiable conduct’ to ensure the patient is not subjected to risk of harm as stipulated in Section 140 of the National Law (Brooker & Waugh, 2013). Code of ethics for nurses accords the nurses a reference point that can reflect on their conduct and the conduct of others. It also pinpoints the ethical values and standards of human rights that nurses are expected to uphold in their profession (Forrester & Griffiths, 2010). They should therefore value kindness and respect for self and others by valuing their dignity and moral worth for themselves and others. Application of the Code of Ethics As per Section 1 of the code of ethics of Nurses in Australia, the principal of professional boundaries ensures that the subsisting relations between the client and the health practitioner is safe, therapeutic and helpful and confined within the professional boundaries stipulated in the Australian Nursing and Midwifery Council (ANMC) Code of Ethics. Nurses should show competence and promote safe while delivering patient care (Daly & Jackson, 2009). They should uphold the Code of ethics to the highest standard possible. In this respect, it is the prerogatives of the medical practitioners to ensure that the most appropriate option has been undertaken as per their professional know how notwithstanding the standpoint of third parties because their profession requires them to know what is best for their patient. The external parties should not dictate or initiate a medical alternative as they lack medical exposure in that particular field. Moreover, the practitioners adhering to the views and instruction of the external parties will be contrary to Section 1 of the code of ethics for nurses and violates the principle of the accountability of nursing standards (Forrester & Griffiths, 2010). Nurses are aware that patients are entitled to top notch nursing care and should always grant them the best services by brainstorming decisions pertaining to a patient’s nursing care. Nurses should question any medical action, which might be regarded as either illegal or potentially unethical to alleviate the risks that might be subjected to individuals and patients at large (Daly & Jackson, 2009). However, nurses may conscientiously refuse to get involved in any care or treatment that may be deemed as unacceptable on moral and religious grounds, an action known as conscientious objection (Staunton & Chiarella, 2012). In Section 3 of the code of ethics, nurses ought to consider the principle of people’s interests by allowing other parties to make informed decisions or judgments. However, it is equally important for the nurses to bear in mind that decision-making may be constrained by predicaments that may be beyond the control of an individual and there are those events whereby informed decision-making are not possible. Philip and Briony should have exercised some exchange of ideas and come to a conclusion that Abdul who is Clare’s ex-boyfriend should not be consulted in the medical wellbeing of Clare as they had already broken up since her parents were the right next of kin. It is also clear of the glaring contradiction between the principle of the professional boundaries and people’s interests in the sense that nurses and medical practitioners are expected to conform to professional conditions while the principle of people’s interests expects nurses to be open minded by allowing people’s interests to overrule (Hally, 2008). The Health Professions Registration Act 2005 solely governs this section of the Victorian health registration boards. In the course of clinical practice, nurses will be held liable to the loss of the patient’s valuables whenever the patient undergoes a surgery or any clinical procedure. Whenever any valuables are handed over to the hospital to be safely kept, the law of bailment governs the relationship. Bailment law is a contract applicable whenever a bailer delivers goods to the bailee for storage and delivered back to the bailor after some time (Forrester & Griffiths, 2010). The bailee would therefore compensate for any loss of goods as per the ordinary negligence rules. This was held in Southland Hospital board versus Perkins Estate. Briony can therefore be held accountable for the key ring that he took from Claire’s bag as he acted negligently. Philip will also be held accountable because he defies notifiable conduct. However, as per the proponents of the law of vicarious liability, an employer will only be held accountable for any negligent actions orchestrated by his employees only if the action was performed negligently outside the scope of employment (Staunton & Chiarella, 2012). The code of conduct for nurses and health practitioners is consistent with Section 141 (4) of Health Practitioner Regulation and National Law Act of 2010 whereby nurses ought to provide competent and safe nursing care by upholding the required degrees of profession and standards of competency (Hally, 2008). The code of conduct provides a basis for decisions that involve levels of professional conduct and originated from Australian Nurse Registering Authorities Conference (ANRAC) in 1990. According to the Australian Nursing Council, a nurse should promote and preserve the innate trust in any privileged relationship subsisting between the medical practitioners and the individual and respect both the person and the property. This is because of the existence of a power imbalance that makes patients susceptible and open to exploitation. Briony therefore breached this code of conduct by taking the property of the patient and would therefore be held accountable for his actions, which breach the code of professional conduct for nurses as well as the code of ethics for nurses in Australia (Daly & Jackson, 2009). It is imperative for nurses to bear in mind that the code of conduct for nurses tends to supplement the code of ethics while the code of ethics is constrained to the ideals or morals entailed in the nursing profession (Staunton & Chiarella, 2012). In addition, nurses are expected to abide by the relevant nursing laws in which a nurse who witness of unlawful conduct of either colleagues or coworkers have an obligation to report such actions of misconduct to the authorities or take any other action that might be considered as necessary in the quest of protection of the public interests (Hally, 2008). However, Philip would face the corresponding disciplinary proceeding for failure to report the unprofessional conducts of Briony. The Nurses board of Western Australia further emphasized that whenever a similar report of misconduct has been handed over to the administration and the employer without any action being taken, the nurse (reporter) is obliged to take the report to an appropriate external authority for the issue to be addressed accordingly. Any personal information that has been obtained in a professional capacity is treated as private and should be considered as part of the Guidelines to the National privacy Principles 2001 which is supplementary to the privacy Act of 1988 (Brooker & Waugh, 2013). The surgical team should have therefore advised Clare’s parents of the benefits and drawbacks of each surgical operation that would be conducted so that the parents would be in a better position to choose what is best for their daughter. Otherwise naming the two surgical procedures and asking the parents to choose is inappropriate because the medical practitioners have all the confidential facts regarding to the condition of the patient and can therefore choose what is best for her. That is what any professional surgical team would do as it is in accordance with the code of ethics for the international council of nurses (ICN) (Hally, 2008). Outcomes and Conclusion Anxious patients interpret bodily symptoms as being a manifestation of serious diseases or injuries and hence seek reassurance and multiple consultations. The surgical team should therefore initiate an ongoing relationship with Claire or apply positive visualization to create a comfort basis in the communication of any anxious feelings. A nursing care plan will organize how a nurse approaches their patients to deliver their specific needs. The goal in the nursing care plan aims at what the nurse wants to attain at the end of his/her orders. The plan will contain the date, descriptive verb such as palpate and monitor content area that contains the procedures applied to Clare and the signature of the prescribing nurse (Brooker & Waugh, 2013). The decision making process is fair and just because it ensures those who compromise the wellbeing of the patient are held accountable for their deeds. Briony has been held accountable of taking the patients property illegally while Philip concealed this conduct to the relevant authorities. References Brooker, C., & Waugh, A. (2013). Foundations of nursing practice: Fundamentals of holistic care. Oxford: Mosby. Daly, J., Speedy, S., & Jackson, D. (2009). Contexts of nursing: An introduction. Chatswood, N.S.W: Elsevier Australia. Forrester, K., & Griffiths, D. (2010). Essentials of law for health professionals. Chatswood, N.S.W: Mosby/Elsevier. Hally, B. (2008). Guide for international nursing students. Sydney, N.S.W: Elsevier Churchill Livingstone. Staunton, P. J., & Chiarella, M. (2012). Law for nurses and midwives. Chatswood, N.S.W: Elsevier Australia. Southland Hospital board versus Perkins Estate [1986] 1 NZLR 373. Read More