Professional Values, Ethics and Law - Essay Example

Professional Values, Ethics and Law Contents Introduction 3 Main Body 4 Application of Ethical Theories 4 Professional Values 6 Legal Values 9 Conclusion 11 References 13 Introduction This assignment will be inclined towards outlining professional, legal and ethical values in the nursing field. These values would give a broader picture regarding duties of a nurse. A fictitious scenario has been chosen in order to portray nursing ethics. In this study, a clear reference has been made to Kate, who is a 17years old student. On the basis of her case various values shall be highlighted which can affect nursing profession. Like any other profession there is a need for maintaining high ethical values within nursing profession. The nature of work in nursing profession is slightly different from other professional field. Predefined ethics, legal or professional values are to be taken into consideration by individuals belonging to nursing profession. The code of conduct for nursing is distinct in comparison to other profession. United Kingdom encompasses a separate set of conduct for chief nurse and hospital trusts. The case study would be analyzed from different perspectives so as to identify appropriate action which could be taken by the student nurse. There are wide array of ethical theories incorporated in this essay. These theories would be thoroughly discussed with a clear reference to the case study. The legal documents to be highlighted in the study are Human Rights Act (1998), Data Protection Act (1998) and Family Law Reform Act (1969). All possible relevant literature shall be incorporated in order to explore ethical, legal or professional aspects in context of chosen scenario. There is a well defined structure followed in this essay. Firstly focus will be on ethical values in Kate’s consent, followed by professional and legal values. The study would be centred towards application of ethical values in nursing scenario. These three obligations would help to reflect upon solution for the particular case study. Consent from patient should be gained before any treatment is being undertaken. Main Body Application of Ethical Theories Ethical values play an integral role in nursing profession. Patients look upon nurses or doctors when their health conditions are at a stake. Honesty is always regarded as the best policy, but this philosophical aspect is highly controversial. The first ethical value is of truth telling. Health professionals can develop effective relationship with patients only on the basis of revealing truth. The quality of being loyal, honest or faithful is deeply rooted in nursing profession. However it is not just about telling truth to patients but it is more about being literal or factual. There is a high degree of complexity encompassed within developing relationship with human beings (Melia, 2013, pp. 103-105). Nurses usually have to encounter a lot of discussions with respect to a case. It can be stated that nurses can distinguish between things to be conveyed or not to be told on the basis of autonomy, non-maleficence and beneficence principles. These theoretical frameworks are often witnessed to contradict amongst each other and it eventually requires proper balancing between all these concepts. Communication is an essential element since it facilitates developing relationship with patients as well as their families (Kirklin, 2007, pp. 11-14). It is important that truth should be conveyed to patients because they possess right to know truth related to their health condition. Non-maleficence ethical framework indicates certain truth might be detrimental to any patient. The beneficence aspect is all about not proclaiming truth since it shall be advantageous for patients. Autonomy principle is associated with right to choose, make decisions and control actions (Beauchamp and Childress, 2001, pp. 221-224). As per literature, nurses are observed to maintain distance from patients. This is simply because there is a fear of revealing truth which should not be disclosed to patients. Truth telling principle is highly applicable in the given case. It is necessary that Kate is well aware of her health syndrome and the need for visiting a psychiatrist. This would give her confidence to deal with the situation and remain admit in the hospital. On the other hand, as per autonomy principle, certain aspects of the current scenario shall be disclosed (Dimond, 2011, pp. 223-225). Kate needs to be given assurance that her health condition would be enhanced only after proper medication from psychiatrist. The right to choose amongst available information is applicable in portrayed scenario. Consequentialism theory is a part of normative ethical theory. It denotes that an individual’s conduct possesses a set of consequences, and they are responsible for judging wrongness or rightness of a particular conduct. As per this theory, a morally right conduct is represented by a positive outcome. Consequentialism theory indicates negative or positive consequences hold more importance in relation to identifying beneficiary outcome for patient. On the basis of this theory, negative consequences are highly prevalent for Kate if appropriate information is not conveyed. Psychiatric treatment might be considered in a different manner if nurse is not proclaiming advantages associated with such treatment (Gallagher and Hodge, 2012). Kate has gone through difficult scenario and it has adversely affected her living condition. Nurse should act in best interest of patient else it would be regarded as unethical. Confidentiality to certain level is beneficial for patient but in this particular scenario Kate might refuse to undertake the treatment. This would negatively affect her health condition. Exact health cause was not known in the case scenario. Hence it was essential for health professionals to know that exact reason. It could be achieved only through proper diagnosis. In overall context, ethical value of the nurse would be sustained through transmitting information and its outcome to Kate. Deontological theory denotes normative ethical position. It enables judging an action’s morality based on alignment of action with rules. This theory is also known as rule base or duty or obligation based ethics. Consequentialism and deontological concepts are totally different from one another. There are many philosophies which are regarded as deontological. Ethical theories designed by Immanuel Kant are deontological by nature. As per Kant, actions cannot be stated as good or bad only by analyzing its consequences, rather motives of an individual while undertaking such action decides its rightness or wrongness. Good will of a person can be judged through one’s respect towards set of moral law. An individual needs to know his or her duty well in order to undertake an action. To be more precise, good will is all about fulfilling duties without exploitation of law or rules (Gallagher and Hodge, 2012). As per this theory, duties play a vital role in ethical code of conduct. Nurse would be right in her duty if she conveyed required information to Kate that a psychiatrist shall be visiting her to improve upon her eating disorder. There was no family support in case of Kate and this made her fearful towards such treatment. It is possible that Kate might refuse for the treatment but it shall be ethically right for the nurse to inform patient about her psychiatric treatment. Professional Values Professional obligations are linked with being an advocate for the patient. In relation to obtaining consent from patient, there are three major professional responsibilities. Nurse should be well aware about intricacies of her duty. Gaining consent before any medical treatment is an essential component of this profession. The nurse should be able to gain such consent from Kate before treatment is started. Positive consent would be reflected on the treatment, delivering positive outcomes. On the contrary, if without taking any consent treatment is preceded then recovery of health is a subject of doubt. This form of consent process is basically transparent and rigorous. Professional accountability is also closely knitted with such gaining of consent. Often it is observed that documents are of high value while gaining consent. Nurse needs to properly maintain such documents which shall serve as evidence in later time period (Avery, 2012, pp. 223-225). Consent is either taken from patient or from their family members. This aspect is dependent on criticality of medical scenario. Mild treatment requires gaining consent from patient itself. Major operations eventually require obtaining consent from family members. In the particular case scenario, consent needs to be taken from Kate before she is admitted in the hospital for further medical treatment. Nurse has to document her consent so as to ensure that she agrees with her psychiatric treatment for curing eating disorder. NMC Code of Conduct briefly states that all decisions or discussions should be documented well by medical practitioners or nurses. This code of conduct encompasses certain regulations and rules that should be followed by all registered nurses. Nurses have to be aligned with such framework of rules because it helps in building relationship with patient. Patients should be able to rely on nurses in terms of their well-being and proper healthcare facilities (Brown, 2013, pp. 76-78). The excessive care provided by nurses can only be trusted upon when patients feel a friendly environment. NMC Code of Conduct has outlined four main principles and they are linked with trust building between nurse and patient. First principle is about taking care of patients. This forms the prime area of concern for hospital staff. Dignity of admitted individuals is in hands of these staff. It is responsibility of nurses to respect this dignity and treat them as separate individuals. No rules or norms shall be made standardized for all patients. Each patient possesses their own set of values or beliefs. These beliefs gain prominence in their health treatment. It is responsibility of nurses to analyze such duties or values, and in accordance deliver appropriate care. Proper care would drag attention of patients and make them believe on the treatment being conducted. The second principle indicates that it is duty of nurses to work in collaboration with other team members and enhance well-being of patients (Nursing & Midwifery Council, 2015). This professional field is not only about promoting health of patients, but also taking into account carers, local community and their family members. Promoting health is related to undertaking all those actions which can benefit a patient. The main responsibility of a nurse is to eradicate all health related issues. Patient recovery is an area of concern for all nurses. Third principle as stated by NMC Code of Conduct is to deliver high standard of care. There are situations when patient is totally dependent on their nurses for small things. The degree of health recovery in such scenario is dependent on nursing care. This professional field is not confined to delivering superior quality of service in certain situation but it needs high standard practice at all times. Nurse should be able to provide such care in order to stay aligned with their duty. Being honest and open are another important criteria’s. Transparency is an essential component in nursing profession. This clearly states that essential information should be communicated to patient or their family members. Honesty is an ability to deal with both negative and positive consequences. Nurses should abide with this principle and avoid hiding any critical information from patients. They have to perform their duty with integrity and live up to their professional reputation. On the basis of this code of conduct it is prominent that nurses act as an advocate for patients. They have to understand dilemma of patients and communicate with them efficiently. This in turn enhances trust level and resolves many health problems. Collaborative working approach is a key factor which drives quality level of practice. Kate had a fear of being treated by a psychiatrist but this could be eliminated through strong advocacy from nurse. Consent is supposedly drawn after providing required information to patients. Professional obligation is closely knitted with retaining professional dignity and taking proper care of patients. Advocacy and transparency goes hand in hand, and is responsible for success of medical treatment. Legal Values Legal obligations are highly evident in this particular case scenario. Diagnosis of Kate revealed she was hypoglycaemic and dehydrated. She lacked family support and all decisions were undertaken by her. The approach of further treatment also required consent from Kate. However competency and mental capacity of Kate was low to take any decision regarding her treatment. There are certain legal norms that hold importance in mentioned case scenario. Human Rights Act 1998 encompasses freedoms and rights guaranteed under Human Rights and European Commission. This act gained significance in 2000 in United Kingdom. There are multiple sections included within this act. All the sections can be correlated with human rights. European Convention on Human Rights takes into consideration all those elements that give freedom to individuals. As per this act, individuals residing in United Kingdom have access to freedom and fundamental right. This Act comprises of series of sub-sections like right to life, right to security and liberty, freedom from degrading treatment or torture, no punishment to be imposed without law, freedom from forced labour, respect towards home, family life, etc., freedom of religion, freedom of association, freedom of expression, right to start a new family, right to education, elimination of discrimination, right to elect and right to enjoyment. It can be stated that all these sections are inclined towards right of individuals in daily life (Brazier, 2011, pp. 442-445). Kate also possessed similar set of rights in context of avoiding any such health treatment. Human Rights Act highlights the basic necessities of all human beings. Family Law Reform Act 1969 is associated with age of majority. Apart from the age aspect there are other related provisions included in the Act. Consent can be strongly related with one such provision. This provision is about consent drawn from individuals who are above 16 years. This form of consent is usually in terms of dental, surgical and medical treatment. Any person who has attained 16 years is free to pass on their consent in context of any form of medical treatment. As per this law, there is no need for obtaining consent from parents once it has been given by the patient aged above 16 years. Dental, medical or surgical treatment comprises of any procedure which is utilized for diagnosis. This section also talks about any minor treatment needed for patient care. If this particular section was not enacted then such consent would have remained ineffective (The National Archives, 2014). Family Law Reform Act is an essential framework for doctors and other medical staff. This is because earlier there was always a dispute regarding consent from patients or family members. Age specification is able to resolve these issues and more importance can be given to medical treatment. Data Protection Act 1998 describes the concept of confidentiality in every sphere. Confidential information should not be discharged since it might have adverse consequences. As per this law, personal data needs to be processed lawfully and fairly. Sensitive personal data if processed might lead to exploitation of this law. Personal data can be acquired from more than one lawful sources but it should not be processed in incompatible manner (The National Archives, 2014). The method of obtaining information or data also is an important aspect of overall confidentiality. Appropriate organizational measures needs to be undertaken for preventing unlawful access of data. This also ensures that there is no such damage or destruction of personal data. Confidentiality is a critical factor in all regions. It is not just linked with personal data but also processing of other important data across regions (Hope, Savulescu and Hendrick, 2008, pp. 94-96). Rights of data subjects should be in accordance with personal data as per this law. Violation of this law can lead to various legal sentences depending upon nature of data exploitation. Personal data which is being processed should not be hold for longer period of time compared to the purpose. In common legal framework, consent is of high importance. This is because it is about agreeing upon set of conditions. Without consent any form of processing is not possible. The word consent is dependent upon wide array of factors. For instance attaining an age is necessary to give consent on particular scenario. Consent is also valid within framework of common law since it decides upon extent of agreeability (Gallagher and Hodge, 2012, pp. 62-63). This aspect is not only a vital component in medical scenarios but also holds importance in business scenario. At the age of 16 years, people can leave their consent on medical treatment. This factor gained importance because of this legal framework. In the case scenario, all such principles hold equal importance (Hendrick, 2011, 177-178). The consent of patient helps in proceeding with the medical treatment. On the other hand, delivering required information develops trust between patient and nurse. Consent can be linked with human rights where individuals cannot be pressurized for any work condition or way of living. Conclusion This study demonstrates various dimensions of nursing profession. The case scenario is centred towards Kate who was admitted in a hospital due to some basic health problems but later was suggested for psychiatric treatment. This form of treatment annoyed Kate and she did not desire to further proceed with the treatment. There are different principles which tend to govern behaviour of nurses. Firstly, by profession, nurses should take into consideration that proper care of patients is a vital component. High standard of care is essential for eliminating any form of health related disorder. Nurses eventually develop strong bonding with patients but even have to face a lot of hurdles. There are certain principles that have not been implemented in this specific case study. For instance, Kate was not communicated actual information; there was lack of presence of ethical values, etc. As a student nurse, ethical obligation is of high value. This would indicate doing right thing, staying aligned with duty without bothering about consequences. Rightness or wrongness of a task cannot be always judged through their respective consequences. It is dependent on duty being performed by an individual. The governing principle of nursing profession states that proper data should be communicated to patient or family members. This form of communication would enhance relationship between patient and nurse. Nurse should be an advocate of patients. In this profession, first concern is their patient. Advocacy is associated with communicating necessary information to patients that can help in rapid health recovery. These set of legal, emotional and professional obligations help in maintaining effective relationship with patients. Ethical, emotional and physical demands of patients are accomplished through advocacy of patients. Nurse should possess integrity and must uphold their professional reputation. They must be prepared for defending and intervening safety of patients. References Avery, G., 2012. Law and ethics in nursing and healthcare: an introduction. London: SAGE. Beauchamp, T. L. and Childress, J. F., 2001. Principles of biomedical ethics. Oxford: Oxford University Press. Brazier, M., 2011. Medicine, patients and the law: revised and updated fifth edition. London: Penguin UK. Brown, R., 2013. The approved mental health Professionals guide to mental health law. London: Learning Matters. Dimond, B., 2011. Legal aspects of nursing. New Jersey: Pearson. Gallagher, A. and Hodge, S., 2012. Ethics, law and professional issues: a practice-based approach for health professionals. New York: Palgrave Macmillan. Hendrick, J., 2011. Law and ethics in childrens nursing. New Jersey: John Wiley & Sons. Hope, R. A., Savulescu, J. and Hendrick, J., 2008. Medical ethics and law: the core curriculum. China: Elsevier Health Sciences. Kirklin, D., 2007. Truth telling, autonomy and the role of metaphor. Journal of Medical Ethics, 33(1), pp. 11–14. Melia, K. M., 2013. Ethics for nursing and healthcare practice. New York: SAGE. The National Archives. 2014. Data Protection Act 1998. [Online] Available at: [Accessed 25th May 2015]. The National Archives. 2014. Family Law Reform Act 1969. [Online] Available at: [Accessed 25th May 2015]. Nursing & Midwifery Council. 2015. The Code for nurses and midwives. [Online] Available at: [Accessed 25th May 2015]. Read More