Ethical and legal decision making in the context of nursing Assignment Help UK Sample

ETHICAL AND LEGAL DECISION MAKING IN THE CONTEXT OF NURSING Assignment Sample

Introduction - ETHICAL AND LEGAL DECISION MAKING IN THE CONTEXT OF NURSING

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Ethics are described as moral rules which influence how an individual or set of individuals behaves or acts in particular situations. Good ethics are important for nurses, as there are many moral difficulties in the care of patients. If these ethical difficulties emerge, nurses and other professionals should recognize and apply the ethics and fundamental principles of the professions in their decision-making and judgment. To comply with NMC (2018) ruling on confidentiality a pseudonym of Mrs. Q. will be used. The patient's nurse received written consent from Mrs. Q following NMC guidelines throughout the care period (NMC, 2018). Legislation to regulate staff is urged to be mindful of health inequalities that might damage treatment results to address sources of health inequality (Colville et al. 2019). In the medical care system it must be satted that the usage of the proper technique of care giving is highly important to provide optimum support to the medical facilities (Morley et al. 2019).From the close analysis of the decision making process it is very safe it is very safe to state that the rules and regulations issued by the law regulating body to provide optimum care to the decision-making capabilities of the nurses. “The NMC code” for nursing ethics presents the principles of health care and nursing ethics as guidance on ethical practices in the field of healthcare. 

Background

The task will rely upon important social and ethical policy ideas that support judgments taken on the treatment of an individual, regarding the ethical issues presented in the situation. The fundamental principle towards this activity is an understanding of the (nursing) role in promoting decision-making for patients in the care and in defending the rights and independence of patients (Barlow et al. 2018). Proper References to the healthcare assessment and collaborative decision-making procedures must be obvious with specialized norms (Al-Abdet al. 2021). In this case, Mrs. Q has been admitted to a stroke ward where the assigned nurse was appointed as a trainee nurse and he was responsible for taking care of Mrs. Q. Physical health of Mrs. Q is not very well as she has undergone a massive stroke and has been admitted in the stroke ward for treatment and care. Her mental health and capacity to make the decision are not stable. As she has suffered from this massive stroke and is admitted to the care ward so mentally, she has been suffering from mental trauma and anxiety as well.

Key ethical challenges and issues

The “Nursing Code of Ethics (2007)” of the NMC guideline of the UK is used to guide skilled and integral nurses. Ethics and morality of the individuals themselves affect their behaviors and decision-making process and also how they view the effects of their activities. Ethics allows the qualified nurse to recognize the moral problems of Mrs. Q and to use the judgments in an efficient manner (Suhonen et al. 2018). The NMC Code (2018) of Ethics for Nurses also assures that nursing professionals comply with all rules and laws applicable to their professions. The 9 principles of the Code lead nursing staff to ethical work in their everyday roles. The requirements are found in the Nursing Ethical Concepts book on four key factors of nursing ethics – non-malignancy, charity, autonomy, and integrity (Ellis, 2020).

Legal Frameworks

The nurses often have to follow some legal guidelines which are useful for carrying on their profession according to the requirements of the cases. The legal frameworks are deduced by the help of the evidence based analysis of the different cases which are seen in the foreign nations.

Accountability

As Per the guidelines of “The Nursing and Midwifery Council (2008)” accountability is one of the crucial aspects of the nursing profession. The nurse has to be accountable to the care and the interventions that are instituted to the patients. The rule further stated that the nurses have to disclose the intervention that they are about to provide to the patient prior to the medical professionals and the family or friends of the patient if the patient is not in the mental state to make his own decision. These rules bring transparency in the nursing profession (Cooket al. 2021).

Dignity

According to the rule “Dignity The RCN (2008)” the nurses have to preserve the dignity of the patient or the car person while administering care or support to them. The principle behind this is to ensure that the dignity of the patient must remain reserved during the time of intervention. The preservation of dignity for Mrs. Q is also aimed to help her to do her work. This can be helpful in the purpose of promoting the autonomy of action to her (Svennesenet al. 2018).

Overview of NMC ethical code

 The code of ethics for nursing in the UK is described by the NMC guideline. Thus are for the wellbeing and health assurance of the UK people. This guideline is not just for daily fitness practice cases and more towards key principles of nursing in the UK. The NMC guidelines and standards are the ethical nursing code which is important for professional development support (Pearson and Wallymahmed, 2020).

Some key principles are being implemented in nursing for marinating the attention of the nurses while working in a busy environment. In this case study the patient is an older person and female, so the care of Mrs. Q while marinating the NMC guideline is crucial and required to be maintained. There are some aspects based on which the care of Mrs. Q is going to be followed as per the NMC (2009) guideline of the UK.

For Mrs. Q, “guideline for the care of older people (NMC, 2009) has been used as the framework of the code for the identification of different principles that should be observed and followed by the student nurse while providing care to this 60-year-old patient. The main focus of this ethical code of the NMC (2009) guideline is to maintain the anatomy and dignity of Mrs. Q and other older people in the care service and to respect the patient's rights of selection or choice.

Compassion

The integrity, value, and individuality of Mrs. Q are recognized by the assigned nurse. The nurse needs to realize that patients with older age and severe conditions need much care and appreciate their patients, professional colleagues, and all others who encounter all of these situations where teamwork is needed to deliver optimum care to the patient. Mrs. Q and her medical condition also demand the same from the assigned nurse.

Commitment

The major involvement with Mrs. Q is with the assigned nurse. They are responsible for acknowledging, addressing, and compromising possible conflict situations of “Ethical and legal obligation” to the patients (Jae-Woo Oh, 2021). This dedication covers people, family, community, and groups.

Advocacy

Mrs. Q has been promoted and protected by the knowledge, agreement, and the necessity for complete transparency and honesty when treating her in terms of privacy rules, care quality, and security. Corruption or other risks to the well-being of patients should be addressed promptly (Vitale et al. 2019).

Responsibility

The care provided to their patients is the responsibility of the caregivers. The assigned nurse needs to assure that the care of Mrs. Q is consistent with professional rules, ethical issues, and the interests of patients (Baillie, 2017).

Self-regard

The assigned nurse should adopt the identical principles of care provided to Mrs. Q. Their obligation to encourage safety and health continues to comfort her in the healthcare workplace (Pesut et al. 2020). Professionals are committed to improving and adjusting skills and growing in the profession.

Safety

Nursing personnel are obliged to provide a safe working environment that supports quality treatment for all patients. Institutions must define safety regulations and enforce ethical care duties to guarantee the highest outcomes for patients (Taylor and Pagliari, 2018). An assigned nurse is responsible for the safety issues of Mrs. Q.

Healthcare advancement

In all circumstances, nurses are responsible for the promotion of the profession including research, professional growth, and health and care policy (Van Hoof et al. 2018). They must guarantee that norms of professional practice adapt with the development of new medical methods.

Human right

Nurses safeguard human rights, promote health negotiations and resolve health inequalities in conjunction with some other healthcare professionals. Nurses must undertake continuous learning and preparedness to adequately react to new and unique circumstances. In the case of Mrs. Q's care, her human rights to get proper nursing care are going to be ensured by the assigned professional nurse (Buchmanet al. 2020). 

Social justice

In nursing practice and activism for equal health care policy, social justice concepts must be included (Brodtkorb et al. 2017). Thus, the nursing community is strengthening its voices to demand social justice via participating in groups and panels that recognize and address ethical concerns. The assigned nurse is responsible for seeking the permission of the healthcare authority about care policy which already has been acquired by Mrs. Q or her family for any emergency health condition. The claim of health care policy and getting those benefits in her treatment is an example of social justice in the healthcare service.

Decision-Making Method

The decision-making models give a proposed framework for the confronted with ethical issues through critical foresight and planning. The model provided by this topic is a basic six-step method drawn by Atchison and Beemsterboer's decision-making research, which has been utilized in a combined ethics curriculum with dentistry and dental hygiene students since the 1990s. It is a theoretical and principle-based approach. For the treatment and care plan of Mrs. Q, implementation of this ethical decision-making model is required. This model will ensure the assigned nurse about when and which type of care and treatment is required for Mrs. Q in different health conditions.

1. Identification of the ethical problem

Many circumstances are just never seen as ethical difficulties or challenges. After detecting the health issue of Mrs. Q, the assigned nurse has to decide to establish the ethical dilemma simply and succinctly, considering all relevant elements of the situation (Beyk Mirza et al. 2019). Mrs. Q is suffering from mental instability and anxiety problems due to the stroke attack and as she is an older female, the aftermath and post-stroke mental shock are much more profound in her health. If the ethical dilemma does not clash with principles, this is a simply good and bad problem and no ethical decision-making procedure is necessary. Step 2 is not required if a decision has been reached of correct or incorrect.

1. Retrieval of important information

The great psychologist Eric Erikson stated that the principal root of the problem for a patient is often to lie in the environment that they are interacting in. The nurses can use the communication channel to retrieve the necessary information from the patients. The retrieval of necessary information is highly helpful to collect some ideas regarding the factors which are going to be decisive in order to initiate depression and other psychological problems that the patients are going to be susceptible to.

1. Statements of options

Upon collecting any essential information, the next stage is to discover as many choices or options as feasible via brainstorming. There is also a propensity to believe that there is only a single expected response (Tajabadi et al. 2020). This phase requires us to pause and observe the condition of Mrs. Q from every perspective that other individuals may perceive as alternate solutions to the challenge. In order to often know and over one solution to an issue, you need an illumined and inquisitive mind.

1. Ethical principle of decision making

Ethics also plays a great role in the process of decision making. It is seen that for the patient Mrs. Q the decision regarding the care or the intervention that would be provided to her must be done in order to maintain her dignity. The nurses are there to ensure that the autonomy of the patient Mrs Q is well preserved in the process of providing care to the patient (Case, 2020).

1. Decision making

If each possibility has been properly defined in advantages and drawbacks, a logical decision-making framework is evident. In turn, every choice should be evaluated with an eye on how many advantages and disadvantages every decision would take (Sperling, 2021). The right answer to an ethical problem is often evident simply by studying the choices carefully. Before executing the choice, the healthcare professional must evaluate all principles against the decision to see if the approach bears up to this analysis.

1. Implementing Decision

This is the most important part of the process of decision making. It is often the most difficult part of the decision process. It includes implementing the decisions which are chalked on board. It must be analysed in the subsequent processes about the process of implementation. The detailed analysis of the process of implementation like the improvement that it brings to Mrs Q must be analyzed to get a more pictorous analysis of the condition of the patient.

Ethical decision-making framework

In their daily practices, nurses are obliged to undertake ethical choices, some being more complicated than others. In order to identify the best possible course of action, professionals can use this ethical decision-making model, including the Code of Ethics for Professional Seniors, to cooperate with the patient Mrs. Q, her family, or other health care team members (Al-Banna, 2017). This framework comprises five phases, each of which contains thoughts and motivating issues to assist in making ethical decisions.

This decision-making framework will help in the treatment of Mrs. Q and also will give a clear idea to the student nurse about how to proceed with the care of Mrs. Q and when to take necessary decisions without any hesitation. 

Relevant legislation and law of nursing ethics

This is because it gives nursing practitioners a responsibility for developing an understanding of the law of clinical situations and the ethnic frameworks that are the cause of decision-making and determinations. This is because the NMC (2008) offers strict advice concerning the code and responsibility of practitioners concerning patients in the hospital.

The “Act on Mental Health (DOH, 2008)” is meant to safeguard the rights of persons living with a mental illness in England & Wales and offers several parts that give guidance and advice on how people are handled (Dowie, 2017). Section 3 of the “Mental Health Act” is characterized as a therapeutic sequence. It is essential to note that such "Act on the mental capacity (2005)" of the individual and the "Mental Health Act 1983 (DOH, 2008)" are 2 laws that safeguard health care workers and patients only in cases where there is proof of mental illness or inability to act.

This act of mental capacity is very relatable with the condition of Mrs. Q. as she has been diagnosed with a stroke so her mental capability and strengths have been affected for this reason and psychologically, she becomes weak to respond to the treatment. Also, the “health and social care act (2012)” has a relation with the case scenario. 

Deontology and Nursing NHS constitution

The NHS constitution in the UK describes the values, principles, responsibilities, and rights of medical practitioners. The assigned nurse for a stroke patient Mrs. Q has also some expectations from this constitution. In this context the deontology i.e. the ethics of nursing also related to the regulations of the NHS constitution (Jack et al. 2017). As Mrs. Q is an elderly patient who is admitted to the stroke ward so both mental and physical care is required for her. The NHS regulations have enabled the patient Mrs. Q to expect proper treatment from the student nurse and also the regulations help to maintain the health and safety of the student nurse who is engaged in the care process of Mrs. Q.

Nursing ethics or deontology Nurses are supposed to be understanding and supportive and to practice without personal beliefs. Quality systems emerge as a result of experimentation, expenses, risks (hazard identification), and ultimate failures of achievement. In this case of Mrs. Q, the ethical practices by the assigned nurse are extremely important as she is an elderly patient and due to her health condition she has been disgraced both mentally and physically.

Role of nurses

Ethical norms represent occupational needs and concepts. Ethical requirements specify care methods, health programs, and professional integrity. As a result of technology improvements and greater workloads for nurses, healthcare personnel confront significant moral challenges (Myller, 2020). Certain issues have an impact on nurses' power to create clinical judgments if they are not properly addressed. As the quantity and intricacy of ethical dilemmas in healthcare institutions increased, the fostering of ethical identity in the nursing curriculum grew highly significant. Mrs. Q's therapy requires these medical exams and examinations. Visibility, as per the standards of the NMC code (2018), involves being accountable to oneself and others in one's actions. Clinical practise support tools and processes augment instead of substitute nurses' experience and competencies (Schiller et al. 2019). As a consequence, caregivers are held accountable for the performance even if there is a structural or technological breakdown.

Paternalism poses a series of moral problems about the basis of a free and open society, its duties towards individual people, and individual responsibilities towards each other's culture. One major question is how the limitations on personal rights or independence may be termed paternalistic correctly.

Several factors influence nursing decision-making abilities and constraints, such as nurse practitioner organizations' regulatory and legislative boundaries, ethically linked norms, and the aspirations of communities, professionals, and organizations. In some countries, nurses make independent judicial rational decisions accompanied by solid logic and explanations (Heinen et al. 2019). In other situations, Mrs. Q's anxiety can lead towards the consequences of her incapability to behave as potential; that those who also provide most treatment possible in narrow circumstances, and even those limited supplies will result in the healthcare field functioning beyond their communication range, and that they must do so in just a few case scenarios.

These conflicts and issues can be resolved and controlled if the nursing ethics can be more composed of proper decision-taking scopes and separate nursing empowerment where the assigned nurse can take the required decision and actions for the condition of Mrs. Q as and when required.

Conclusion

It can be concluded that ethical nursing practices are more complicated than is thought of. Nurses in the ethical and legal issues often set back due to lack of assurance from the governing authority and also from the patient side. In this case, Mrs. Q as a stroke patient has been admitted with the written consideration of Mr. Q so that no legislative issue can occur. Also, the decision-making model and legislative laws regarding the nursing practices are being related to the condition of Mrs. Q, and also several points and proposed models have been highlighted in this context.

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