Ethical Dilemmas In Health Care Essay

According to Beauchamp and Childress, the principle of autonomy asserts that a capable and competent individual is free to determine, and to act in accordance with, a self-chosen plan (Beauchamp and Childress as cited in Keating and Smith, 2010). Determining a patient's competence is critical in striking a proper balance between respecting the autonomy of patients who are capable of making informed decisions and protecting those who are not fully capable (Appelbaum, 2007). Tagging children incompetent solely on the basis of their age and not involving them in decision making regarding their health is violation of children's human right. Obtaining consent from parents, rather than children, negates one of the most important principles of medical ethics, which is patient autonomy. Nurses are obligated to promote the health of children by embracing children's right. Nurses' duties which stem out of respect for autonomy include both duties to ensure children's self determination is respected and to refrain from practices that interfere with the children's right of decision making (CARNA,

There are a number of legal and ethical duties expected of nurses. Most of these involve care for patient’s autonomy and confidentiality despite the medical care. Failure to act regarding these can give rise to liability. One aspect of Patient’s autonomy involves giving or withholding his consent about treatment. This paper takes into account ‘consent’ as the aspect of law regarding nursing.

In this assignment I will be discussing Adult Nursing and Mental Health Nursing and issues regarding consent. Consent is important within all fields of nursing as it is essential to conduct any medical procedures. The Nursing and Midwifery Council Code of Conduct (NMC,2008) states that all healthcare professionals must presume that all patients have the mental capacity to accept or deny medical treatments after being given all information which may be needed. However there may be some instances where consent cannot be obtained. An example of this is if the patient is in a medical emergency and may be unconscious or if the patient lacks the mental capacity to make a knowledgeable choice. In this situation treatment would be

The ethical issues involved in this topic include age limits, medical ethics, informed consent, and autonomy. It is unethical and immoral to allow adolescents to make their own medical decisions, because the judgment and capacity to make coherent decisions is unstable. However, adolescents should be involved and have a voice in the process of decision making, nonetheless I believe that the concluding medical decision should be made by the guardian and the doctor. An adolescent is between the ages of thirteen and nineteen. Society permits the legal determination of decision making for health care at the age of eighteen years. It is very important to consider developmental issues which will influence both reasoning and information processing, the brain not being fully developed causes a sense of a lost identity, and low self esteem challenges adolescents to develop a logical decision. An adolescent brain is not yet fully developed, the lack of grey matter and an

Canadian health care consent act, (1996) says that, there is no treatment without informed consent and it must be related to the proposed treatment, it must be given voluntarily and must not be obtained through misrepresentation or fraud. There is a different provision for a person who is deemed incapable to give consent. If a person is not competent to give consent, it may be given or refused on his/her behalf by a substitute decision maker. There is no specific age for children to give consent in Ontario but health care providers must assess the decision-making capacity of a child before proceeding with the treatment. There is exclusion too i.e. when informed consent is not mandatory. In an emergency situation informed consent could be withheld, where the person is experiencing severe suffering or he/she is at risk of life, if the treatment is not administered promptly and if there is no substitute decision maker to make decision on behalf of the patient. (HCCA,

In regards to informed consent, the mature minor doctrine requires the physician or other healthcare provider to make determinations on a case by case basis. The physician should employ the same criteria used to determine the ability of an adult to consent whose decisional

The healthcare team will observe the legal statutes of the state of California when administering care to minor patients. Minor patients are any patients under the age of 18 at the time that services are rendered. In the state of California, minors of any age may consent to medical care related to pregnancy, contraception, abortion, emergency medical service, sexual assault and rape services (this office maintains that minors under 12 can not be expected to give consent to any sexual act* and the attending physician should notify the medical office manager immediately before the minor patient leaves) and skeletal X-ray to diagnose child for abuse or neglect (the physician doesn't need either the minor's or the parent's permission in this instance) without parental permission and the physician can not inform the parents without the minor's consent. Further, minors age 12 years and older may obtain outpatient mental health services, diagnosis and/or treatment for infectious, contagious communicable disease and sexually transmitted disease, HIV/AIDS testing and treatment, rape and alcohol and drug abuse treatment without parental/guardian consent. When

Many people are unsure of the rights granted to minors because of the laws in place, or the lack of laws in place. In fact there are laws, such as the Privacy Act of 1988 that could be a reason people are confused about the rights minors have to confidentiality. This act is directly described in a professional practice article when Bird (2007), stated that an adolescent’s health information can be released to a guardian, but in circumstances where a minor is capable of making their own medical decisions, they should be allowed to do so (p. 655). Bird further explained that “If an adolescent is able to consent to their own medical treatment, then they are

Nurses are constantly challenged by changes which occur in their practice environment and are under the influence of internal or external factors. Due to the increased complexity of the health system, nowadays nurses are faced with ethical and legal decisions and often come across dilemmas regarding patient care. From this perspective a good question to be raised would be whether or not nurses have the necessary background, knowledge and skills to make appropriate legal and ethical decisions. Even though most nursing programs cover the ethical and moral issues in health care, it is questionable if new nurses have the depth of knowledge and understanding of these issues and apply them in their practice

With the utilization of the Act-utilitarianism mindset, an alternative plan of action to focus on the circumstances surrounding Andrea and the community at large can be established using Uustals ethical decision making model. The nine steps identified by Uustal can allow the nursing process to be applied in an effort to guide the nurse in practicing proper judgment. The quandary involves community, personal and patient dilemmas. While many nurses strive for adhesion to values of patient autonomy and keeping ones word, the very nature of health care can raise cause for nurses to contradict and deviate from their own ethical stand points, all in an effort to do the right thing. Due to Andrea’s development of cervical cancer, nurse Hathaway was right in disclosing the minor’s disease to her parents. Adolescents usually are covered by their family’s insurance, but they may not have coverage for unaccompanied care, and they may

Nursing is an all encompassing profession in which practitioners are not only proficient in technical medical functionality, they also have the obligation to remain compassionate and respectful of patients and as such are expected to adhere to pre established codes of ethics. Of these ethics, autonomy is of extreme importance as it offers patients a sense of personal authority during a time where they may feel as if their lives, or at the very least their health, is no longer under their control. Autonomy in the context of nursing allocates the patient and often their family with the final word on the course of treatment. The concept of patient autonomy is a highly variable subject in all fields of health care. It is a universal concept that varies widely in its meaning and interpretation. Autonomy in its simplest form can be defined as a state of independence or self governing (Atkins, 2006). Patient autonomy can also be defined as the ability to make once own decisions, based on one’s sound judgment. It is defined by the American Nurses Association (ANA, 2011) as the "agreement to respect another 's right to self determine a course of action; support of independent decision making." This seemingly straight forward ethical concept is rife with difficulties when one considers potential disagreements that may arise even when informed consent is provided, particularly among children or vulnerable people. Relevant research and

There are many legal and ethical situations that healthcare providers will be faced with when providing medical treatment to either a child or an elderly adult. While there is often much discussion regarding the elderly and do not resuscitate orders, there are often times when the decisions for health care of a child may be overlooked. Some of the legal issues that may be faced by healthcare professionals are informed consent, confidentiality, reproductive services and child abuse. Patients have the right to decide what is done to their own bodies, but for children under eighteen, their parents decide for them. A major issue faced by healthcare professionals is parental refusal for treatment. Healthcare providers will be faced with many conflicting ethical and legal situations regarding refusal of a minor’s healthcare and treatment. These issues

The popular belief among our society has always been “Parents know what's best”. While their kids are young, parents know how to make their medical decisions for them. Parents know what's best for their children, they know how to keep them safe and healthy. However, their children soon turn into teenagers who should be trusted to make their own choices regarding their health care. They’re no longer the children they once were; they can comprehend the extension of every decision they make. Services and treatments should not be restricted to them because of their age or need for parental consent. Teenagers should be given confidential health care and should be trusted to make the choices that regard themselves. They should be allowed the privacy from everyone, including their parents make those choices.

The health care industry continually deals with the lives of individuals and is bound by the ethical and legal aspects that influence decisions of health care professionals in their clinical practice. This essay aims to discuss the various issues and ethical dilemmas that arise with regards to the consent of consumers. In the attempt to explore these points, different literatures are used to shed light on this topic. This paper begins by defining what consent is and the role of nurses or the health care team in being an advocate of the patient when requiring consent. It moves on with the discussion of ethical frameworks, which are recognized nationally and internationally, as these carry significant influences in health care decision-making. The essay also brings out the essence of ethical theories and its relevance to consent giving. It then tackles the similarities and differences of the Code of Ethics and ethical guidelines relevant to both nursing and midwives as both professions work closely in the care of mothers, children and families. Issues and views from experienced professionals in these fields are presented and critically compared. It then considers both ethical and legal aspects, which seeks arguments and rational implications. The last topic points to the social and spiritual factors pertinent to consent that impact the society particularly on the care of patients and concludes by summarising discussed points and arguments about consent.

Second, if the conflict cannot be solved by communication or discussion, the care provider need to seek solutions in law. Brody and Aronson (cited in Tabak & Zvi 2008) argue that the patient has the fundamental right to quality medical care and the best treatment. A basic principle in law is that a minor cannot consent to medical treatment until he or she was of or above the age of 14 years old in New South Wales, 16 years old in South Australia or 18 years old in other states. As a result, the parents, or the legally pointed guardians of the child have the rights to make the decision for treatment (Janine & William 2010). Australia Nursing and Midwifery Council (2008a) states that nurses should respect the culture, values, beliefs, personal wishes, and decisions of the patients and their families. Nevertheless, Zohar and Langham (cited in Tabak & Zvi 2008) claim that parental consent to medical treatment negates patient autonomy. There has, sometimes, the conflict between parental authority and the child’s best interests. Where a parent or guardian refuses consent to use blood products in the emergency treatment of a child (less than 16 years