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).
It can be given when patient has the capacity to do so without any pressure and they understand that they can refuse if they so please (BMA 66). There are three types of consent: informed, genuine, and implied consent. Informed consent is with paper contracts and informal agreements. Genuine consent is a verbal consent by the patient and it is witnessed and documented. Lastly, implied consent is not written nor verbal, but it is an assumption that patients who come to the volunteering medical mission clinic are wanting care as given (Holt 216). Medical volunteers should be understanding and respectful to people and their right to determine for their health and well being (Sommers 197). Consent is important to any medical practice, although it has many factors that influences it it is required before examination or treatment begin (BMA 65). Sometimes patient my change their mind, so it is important to have respectful, empowering, and collaborative ongoing partnership with the patient and medical volunteer (Sommers
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.
According to the Oxford Dictionary consent is defined as ‘giving permission for something to happen or agreeing to do something’. They define confidentiality as ‘entrusted with private information and if something is intended to be kept secret or in confidence’ (Soanes and Hawker, 2005). As a healthcare professional consent and confidentiality are in place as protective vices, by gaining consent and keeping a patients confidentiality it protects both the patient and the healthcare professional. There are three types of consent: Verbal consent, consent in writing and implied consent. Depending on the situation each type of consent may not be acceptable. For example if a procedure is putting a patient at risk, is complex or invasive for example an operation, written consent is
In their article, “The Concept of Informed Consent,” Faden and Beauchamp give two varying definitions of informed consent, namely sense one and sense two. Sense one is defined as autonomous authorization, meaning that the patient or subject agrees and then gives authority to move forward with a proposal (Vaughn 191). The authors give four conditions that have to be met for informed consent to be recognized: the patient has to understand the information presented to her, there should be no manipulation or coercion, and she has to intentionally give her authorization (Vaughn 191). Faden and Beauchamp also note that the fourth condition, where the patient gives her authorization, is pivotal in this sense since it differentiates autonomous authorization
The process of establishing consent will vary according to an individual’s assessed capacity to consent.
Gaining consent from the patient before performing the skills is part of the nursing and midwifery code (2008). I must gain permission from a patient before performing any clinical procedure and the patient have their rights to reject or disapprove the treatment or care given by me. I as a nurse must respect any decision made by the patient. The aim of gaining permission or consent is to help the patient to understand the procedure that is being carried out.
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed
Consent can be delivered in a numerous amounts of ways. It can be provided verbally, in script, or implied by behaviour or actions(Ruth Townsend, 2014).
When working with an individual it is important to uphold their rights to be fully involved in their own care, whilst adhering to legal requirements. It is also the individuals right to refuse any care, support or treatment they do not want. It is also essential that people not only give you their consent but also that they understand what they are consenting to and the implications of this. Gaining consent protects not just the career but the individual receiving the care and support as-well. If no consent is given then you cannot proceed with the care. It is illegal to pressure anyone into
Dimond (2009) and NHS choices (2016) explained consent as the process involving a person giving their approval to accept or refuse a treatment or interventions, after receiving detailed information from a health care professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it needs to be given voluntarily without any influence or pressure from either a family member or clinician. In addition, the capacity of the person is important when giving consent and the ability to process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that the autonomy of the person giving
It is up to medical professionals to properly inform patients on what their medical options are and the risks associated with various treatments. This paper will discuss: whether a basic consent form properly informs patients of their rights,
The legal and ethical issues around the use of consent within nursing practice Introduction This essay will consider consent in nursing practice taking into account all legal and ethical aspects that are related to decision-making and treatment. NMC Code of Conduct (2015) is considered; Mental Capacity is considered when comes to providing appropriate care due to patients' needs. Nurses must act in accordance with Human Rights when treating a patient. Trying to deliver good quality care services should not interfere with the patient’s choices.
This type of consent is then “apparent where patients can control the amount of information they receive, and what they allow to be done” (6). However, while this type of consent does seem ideal, one has to question whether or not what the physician might see as irrelevant or ‘too much’ information, the patient might disagree. The patient and physician could potentially view things differently in terms of what would be helpful information, and if the patient was not told of a factor, how could they fully give their informed genuine consent? The physician and patient must ensure that they have a positive and effective dialogue to achieve O’Neil’s concept of genuine consent.
Consent can be quite tricky, a legal minefield for healthcare teams, this is due to the patients who will give or refuse to give private information about themselves who is legally competent but
At a practice level, the importance and guidance of the Code of Conduct, Code of Ethics and NPA are demonstrated on a daily basis with regard to the issues of documentation, informed consent and open disclosure, and confidentiality. With respect to documentation, nurses must be able to document patient assessments and responses in an accurate, comprehensive and confidential manner and record all observations objectively. Informed consent and open disclosure are also major legal issues nurses face daily. It refers to the communication between the patient and health professional that results in the patient's agreement to undergo a specific procedure and requires that the patient has thoroughly understood the procedure, implications and risks prior to giving written consent.