Nursing Law: the Rights of the Patient - Case Study Example

Nursing Law Name Professor Institution Course Date NURSING LAW Scenario 1 Abstract Phillipa 28 years adult bring a serious concern to her son and husband due to her 10 years history of her bipolar affective disorder. This affects a greater part of her son’s education, which forces Rob to get involuntary administration and checking. Therefore, this section of the paper analyses Phillipa’s behaviour according the bipolar affective disorder requirements and admission, which follows the Mental Health Act 2000 rules. In addition, this paper tries to look at the rights of the patient (Phillipa) in case she gets involved in an involuntary admission in a mental health service. Introduction A mental condition is characterized by a clinically substantial disturbance of a person’s thinking, perception, or mood. During an assessment, a decision that an individual’s mental illness shall depend on internationally acceptable medical standards. The assessment criteria are based on the divers information, such as, the individual appears to be mentally ill, requires immediate assessment, and assessment can accordingly be made at an authorized health service for mental cases, there is a risk that the individual may cause harm to oneself or someone else, or the individual suffers severe mental or physical worsening. There is no less restrictive way of seeing to it that the person receives the required assessment criteria(Kate, 2011: 16). A doctor or authorized mental health practitioner and who has examined the person for at least three days can make a recommendation for assessment for a person. The examination may be done with the aid of audiovisual link facilities. The recommendation made for assessment has to be in the form that is approved, state the concepts upon which it is founded and substantiate between facts that are known by personal observation and those that are known by communication by others (Kate, 2011: 68). Prior to making a recommendation, the doctor or authorized person must be sure that the patient is content with the medication and care. The recommendations need to remain in force for seven days from the time of setting up the recommendations. However, call for for appraisal should be made within seven days before or after an individual’s recommendation for assessment is made. The person’s request for assessment, whether made prior to or after the recommendation for assessment, is in force once the recommendation for appraisal is complete. It is imperative to note that, the request and recommendations for assessment have to be made by different persons. The given statutes on the recommendations must follow the Mental Health Act 2000, which rules that the act is a means to safeguard and balance the rights of the involuntary patients regardless of age, that is, old and young. Taking a person to an authorized mental health service Once the assessment documents are in force, a health officer or ambulance officer may take a person to an authorized mental health service to be assessed. These should be exercised using with help, and applying minimal force, which is both necessary and reasonable. A police officer, if asked by an ambulance officer or a health practitioner, must ensure reasonably practicable assistance is given. In exercising the powers to take the person to hospital, a health practitioner or ambulance officer should explain to the person that the documents for assessment are in force for the person, type and effect of the assessment documents. Failure to do so the administrator fails to adhere to the health act 2000, which allows the health practitioner to use some reasonable force to ensure that the patient agrees to the terms and conditions of administration in a mental health service (Brown, & Edwards, 2008: 125-126). Administration of Medication According to Qld Mental Health Act, while being taken to an authorized mental health service, medication may be allotted to the person despite the refusal of the person’s consent or absence. A doctor must administer such medication or a nurse registered under the institution of a doctor. The medication may be administered only if a doctor is satisfied that both the allied person and the patient in the health service. This medication may be administered with the help and using minimal force that is both essential and sensible in the circumstances. The doctor or nurse must keep a written record showing the medication’s name, the dosage and route and frequency of administration. The doctor or nurse must also keep a written record of the same (Stautnton, & Chiarella, 2008: 98). In Phillipa’s case, there was a need to have a close watch to ensure that she was following her full medication requirements. As witnessed by Jason and Bob, Phillipa has not been serious with her medication, which instead of taking the medication she was throwing or hiding the medication. There are certain rights that the patient in the cases study needs to be given should her case lead to admission. One of these rights is the right to make complaints about the services provided at the mental health institution at which she will be admitted. She will also have the right to get the relevant information from the institution providing mental health services at the appropriate time. Furthermore, the individual responsible for the mental health institution must provide the patient and the allied person with the copy of statement of rights relevant to them. The patient also has the right to be given oral information regarding the contents of the documents containing her rights. Phillipa rights In this case, Phillipa must be admitted in the hospital. Therefore, it is clear that despite the fact that Jason and Rob take time to care for her; she still has the right to protect herself from being taken to be hospital without her consent. If by any chance Philipa gets admission in the hospital, she should have a right of protection against forced admission by the hospital. In addition, Phillipa has the right to sue the hospital that accepts to take her without considering the situation behind the forced hospitalization (Ruth, et al, 2011: 59). Therefore, as the Mental Health Act 2000 states, any patient deemed to be is such a condition as Phillipa should be allowed to choose an allied person. In this case, Phillipa should be the one choose an allied person who should either be an adult relative or close friend to her who is an adult. According to Mental Health Act 2000, Phillipa has involuntary admission to the mental health service; thus the administrator should in this case give a statement of rights that is relevant to Philllipa situation to both the patient and the allied person who is her husband. Moreover, Phillipa as an involuntary patient she deserves to know the information in the rights document. So, it is the duty of the mental health center should ensure that Phillipa gets a clear explanation of the rights document statement. Scenario 2 Abstract Breach of duty from the nurses is a character that leads damage to the patients the nurse is responsible for as a registered nurse. Ms White both a registered nurse and the nurse in charge fails to follow the code of ethics of her profession when handling the case concerning Mr Brown. This section discus the nurses code of ethics regarding the responsibility to the patients (Doug, et al, 2011: 11-12). Lastly, it tries to give reasons beyond doubt that, Mr Brown’s daughter had the right to see a lawyer to settler her father’s case. Introduction When a nurse fails to act reasonably prudent under similar or same circumstances, and it results to harming of the patient, it constitutes “negligence”. An act of negligence must be established before raising a case of malpractice. The four elements of negligence are breach of duty, duty, injury and damages, and causation. For success in raising a claim of malpractice in a court of law, these four elements must be clearly established. When Ms White failed to record the incident in which she observed Mr. Brown drag a patient along the cemented path of the Unit, she breached the element of value for ethical management of information. According to this element, nurses need to be professional in their activities by keeping health records and other documents with the best accuracy and being nonjudgmental. This is an indication that Miss White’s management practice cannot result into the provision of quality care since she stereotyped the patient as inferior to their actions while regarded Mr. Brown to be more valuable despite his actions. In this case, the duty is breached to serve a patient ethically and professionally. Ms White been the Registered Nurse and the Nurse in charge of the unit she is professionally engaged to safeguard the wellbeing of her patients, which includes Mr Brown. Furthermore, by refusing to report the actions of Mr. Brown, Ms White violated the element of an ethical nursing practice, which states that nurses value accession to quality nursing and healthcare to the people. This principle required her to hold the rationales and measures of decency to nursing and healthcare as assessed by accessibility, approachability, acceptableness as well as quality of nursing. It involves being able to provide equitable services based on the needs, irrespective of the geography, social standing, ethnic background, race, age or level of income. Ms White breached this element by allowing the provision of discriminatory nursing to the patient that was brought to the hospital, and she did not care for the rights of the patient. Therefore, Ms White is liable for breaching the code of ethics for the RN which requires that all nurses must always take the duty of care to patients and provide a comprehensive report on the causes of any illness to the patient. Instead, Mr. Brown experiences such exemption from care and Ms White leaves his case without a report. This is well indicated when Ms White fails to record the injuries that have been incurred by Mr Brown. To the contrary, Mr. Brown did not this element by practicing prejudicial attitudes towards the patient because of his poor health condition and disability. In addition, Ms White can be regarded as not being able to safeguard the patients by keeping the right information. By breaching this element, she demonstrated that she did not value the ethical management of information and providing the right information concerning the actions of Mr. Brown. She also failed to comply with this element by not providing her colleagues with the reliable information regarding the risks that Mr. Brown exposed the patient to so that the right policies could be formulated to ensure effective handling of patients according to the element of ethical management of information. Moreover, the patient who has no full tract record of the cause of the injury may have minimal chances to receive the right treatment and care from the right authorities. While assisting the patient changes out of torn clothes and observing the bruises, Ms White did not record the observations. This is another breach of elements of quality nursing practice, which states that nurses should provide unprejudiced, true and precise data as related to nursing care and healthcare merchandise (Joanne, 2011: 45). By observing the bruises on the patient’s body and ignoring them, Ms White misinformed the nursing fraternity regarding the condition of the patient. By declining to provide information regarding injuries to the patient as a result of being dragged on the floor, Ms White failed to comply with the element of quality nursing practice which states that nurses should conduct themselves against the laws applicable to the professional ethics of the nursing practice. This law requires that nurses become familiar with the specific nursing laws and do not engage in practices that are not allowed by laws (Kate, & Clair, 2011: 44). In addition, these laws require that nurses become conscious of any unlawful practice by other colleagues or co-workers, whether in clinical, management, education or research areas of practice. They are considered both responsible for reporting of any misconduct and take other appropriate actions that are pertinent to safeguard people and the public interests. Ms White and Mr. Brown in the case study breached this law by observing the patient get bruises while being dragged but did not take any measures to ensure those bruises were treated. In addition, Ms White did not criticize the malpractice she observed on Mr. Brown when she saw him drag the patient on the floor of the Unit. When Mr. Brown’s daughter took the initiative to see a lawyer concerning what she observed being done to the patient, she ensured that one of the nursing elements was observed. This element states that nurses value a socially, economically as well as ecologically sustainable environment promoting health and wellbeing. Mr. Brown’s daughter tried to ensure that a healthy environment was created by providing the right services to the client who was being dragged instead of being provided with the correct standard of assistance. The action of reporting the incident to a lawyer meant that she wanted the patient to be treated in a way that would be honourable to observe in the social environment. It would also be reasonable to pay for the health service having been provided with the right amount of assistance (Esther, & John, 2011: 12). Conclusion According to the nursing ethics and ANMC competencies, nurses should take full responsibility of their patients in any health unit they are in charge. Ms White being the nurse in charge fails to adhere to her professional ethics thereby, breaching the elements of employment and professionalism duties (John, et al, 2009: 5-7). Mr Brown’s daughter had the right to engage a lawyer in this case to help her father to regain his rights to be attended by a health practitioner. On the other hand, Ms White Registered Nurse should be summoned to both stop her discriminating behaviour and be ready compensating Mr Brown the damage caused. References Brown, D. & Edwards, H., 2008, Medical-surgical Nursing: Assesment and Management of Clinical Problems, 2nd ed, Sydney: Elsevier Australia. Stautnton, P. & Chiarella, M., 2008, Nursing and the Law, 6th ed, Sydney: Elsevier. 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