Legal And Ethical Issues Of Nursing Practice

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Legal and Ethical issues in nursing Introduction The aim of this essay is to discuss the legal and ethical issues in nursing practice about gaining consent and why it is important. The meaning of consent will be explained and barriers that might prevent obtaining a valid consent from patients. In addition, there are five elements of consent that needs to be considered when obtaining consent: competence, disclosure, confidentiality, understanding and voluntariness; this will be discussed. According to the Nursing and Midwifery Council (NMC) (2015) nurses have to obtain a properly informed consent from the patient before any treatment. The mental capacity act 2005 is a vital aspect of seeking consent in nursing. The author will likewise include different law cases that have occurred and how it relates to obtaining consent in nursing care. What is Consent? Consent means giving someone the approval to carry out something (Collins Dictionary 2016). NHS Choices (2014) suggest that consent involves an individual giving their authorization before receiving any kind of treatment. Simpson (2011) agrees that before any patient receives treatment, they should give a valid, voluntary and informed consent. Before any treatment, a patient should give their consent. This is a legal and ethical thing to do. A nurse or healthcare professional who refuses to abide by this could face legal actions taken either by the patient or the professional body (Department of Health 2009).
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