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Law & Ethics - Essay Example

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The purpose of this essay is to analyse a case scenario at the Sunnyland Day Respite Center with focus being on the legal aspects of the law and legislations. The paper will analyse the various aspects of the law in relation to the case that resulted in the unnecessary death of…
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Law & Ethics
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Law & Ethics

Download file to see previous pages... Before any nurse, whether enrolled or registered can do anything to another person, there are some legal requirements that they need to understand. The first legal issue is consent. Consent refers to permission to do something. Before a nurse does anything to another person or a patient, it is a legal requirement that the other party or patient agrees and gives permission for such an act to be carried out (Larson, 2003). When the nurse does something against the will of the patient, it is considered to be coercion. More often, a dilemma arises when the patient refuses care that the nurse thinks is necessary. However, in such situations, the nursing guidelines indicate that it is still important to get consent from the patient. In other situations where the patient may be mentally incapacitated, the family or the guardians may give the consent on behalf of the patient.
Restrain is the other legal requirement and is greatly related to consent (Engberg et al, 2008). Restraint is any action or device that is designed or intended to prevent free movement of body parts. Some patients require restraint in cases where it may be deemed necessary, such as when the patient gets violent. However, there is a relation between restrain and patient consent. Before the patient is restrained by the nurse using any device or technique, due consideration and consent of the patient must be taken into account. In the Case Study, Mrs. Davis verbally objects to being restrained. Despite this, the registered nurse goes ahead to restrain the patient against her will. This is against the nursing and service delivery guidelines. As a result of the act, Mrs. Davis falls and suffers injuries that later lead to her death. This again leads to another legal issue that relates to patient care. This other legal issue is battery.
Battery occurs when physical harm results due to negligence or unprofessionalism on the side of the care ...Download file to see next pagesRead More
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