Sorry Business Case Study

Treatment without consent - Charlotte, the nurse on duty, had forced James into getting the injections therefore causing him emotional distress. Treating a competent patient who has validly refused treatment could constitute an assault or battery. The legal provisions supporting a competent patients’ right to refuse treatment in Australia can be found in both legislation throughout all the States and common law. The Australian Charter of Healthcare Rights is also a helpful source of guidance as it reinforces the common law position that is based upon the principle of patient autonomy. The High Court of Australia first articulated the principle or refusal of treatment in Marion’s case, stating that a legally competent person has a right “to choose what occurs with respect to his or her own person.” Under the NSW Health Patient Charter, consent in regard to an operation, procedure or treatment is both a specific legal requirement and an accepted part of good medical practice. Medical practitioners are also expected to clearly explain proposed treatment, and adequately inform their patients on significant risks and alternatives associated with the treatment.Failure to do this could result in legal action for assault and battery against a practitioner who performs the procedure. Charlotte made no effort to explain or gain a consent from James.

There are four principles of ethics: Respect for autonomy, Beneficence, Non maleficence and Justice. This four principles offers comprehensive thought of the ethical issues in clinical settings (Beauchamp and Childress 2001 cited in UK Clinical ethics Network 2011).

Firstly, the nurse should avoid maintaining eye contact with an Aboriginal client to avoid appearing “intrusive, threatening, or harmful” (Potter, 2014, p. 247). Next, the nurse should not assume how the Aboriginal client is feeling based on their calm demeanor. For instance, the nurse should not assume that an Aboriginal client that appears to be calm is not experiencing discomfort. Secondly, if the nurse is faced with a language barrier, the nurse may request a translator for the Aboriginal client. Depending on the available resources, the translator may be sourced from the facility or the community. Thirdly, the nurse should ask Aboriginal tribe members for education regarding traditional Aboriginal practices. For instance, the nurse may learn death rituals that are tribe specific, such as burying personal possessions with the individual (Eliopoulos, 2010, p. 30). Next, the nurse must respect that the Aboriginal client may prefer treatment in the form of “spiritual rituals, medicine men, herbs, home-made drugs, and mechanical interventions such as suction cups” (Eliopoulos, 2010, p. 29). In addition, the nurse should be aware of the emphasis on harmonious family relations and “reverence for the Great Creator” in Aboriginal culture (Eliopoulos, 2010, p. 29). If available, the nurse should direct the Aboriginal client and their family to the nearest

4.12.1. Project objective: To Expedite Change for Aegis Training Courses to ensure students are equipped with the most up to date information to carry out their duties at Sea;

The colonial occupation and subsequent oppression has a greatly impact to the health of indigenous population across Australia. There is still lapses in regards to biomedical and ethnomedical models of health that still needed to work on in order to provide the quality care that is culturally appropriate and acceptable by the indigenous

The outcome of cultural awareness and cultural sensitivity is cultural safety (Berg, 2010). In practicing cultural safety, it is not really expected that health care workers will know all cultures; it is acknowledging and respecting people regardless of their differences and beliefs (Hughes & Farrow, 2006). Moreover, nurses and other health professionals create cultural safe practice when the patients feel safe, respected and understood (Skellet, 2012), as well as if there is a shared understanding and acknowledgement of the unique identity and diversity. Health workers should always consider the cultural and historical background of the Aboriginal and Torres Strait Islander Australians, because practicing cultural safety is significant to

Sule stated that, “The Patient Bill of Right adopted by American Hospitals Association states that ‘a patient possesses the right to be informed of the medical consequences of his or her actions and decisions and refuse treatment to the extent permitted by the law’. However, this is true only if the patient is in position to understand the consequences of his treatment. Incompetent, senile patients neither have the correct judgment regarding which treatment is appropriate for them, nor are they in a state of understanding the implications of their treatment. In such case, their willingness to grant or deny consent cannot dictate the course of treatment.” Problem with the Act is being able to find that the patient component enough to make such a call. Another issue that Sule stated was on confidentiality and autonomy. According to Sule, “This is another ethical issue erupting from the conflict of patient's rights and professional ethics in nursing job and profession. The Patient Bill of Right makes it mandatory for the medical practitioners to reveal the form and extent of the ailment along with the course of treatment to be undertaken by the practitioners. However, this law of autonomy clashes with the nursing ethic that the professional should maintain high degree of confidentiality regarding the patient's health and treatment.” This can cause conflicting issues in the NP’s

Another issue with the implementation of Informed consent arises when the patient waives the right to Informed consent and leaves the right to make the decision on the physician. Though legally correct, this can cause psychological stress for the physician especially when the decision is about a life threatening medical condition. Moreover, this also makes the patient vulnerable to abuse. (Manthous, DeGirolamo, 2003)

Autonomy includes three primary conditions: (1) liberty (independence from controlling influences), (2) agency (capacity for intentional action), and (3) understanding (through informed consent) (Beauchamp & Childress, 2009, p. 100). According to Beauchamp & Childress (2009) to respect autonomous agents, one must acknowledge their right to hold views, to make choices, and to take actions based on their personal values and beliefs (p. 103). Respect for autonomy implies thaturges caregivers to respect theassist a patient in achieving? Heed? the autonomous choices of their patients. From there, patients can act intentionally and with full understanding when evaluating medical treatment modalities. Autonomy also includes a set of rules, one of which requires that providers honor patient decision-making rights by providing the truth, also known as veracity (Beauchamp & Childress, 2009, p. 103). In this case, several facets of the principle of respecting autonomy, specifically veracity, informed

When a patient needs to have a medical procedure performed, they must first consent to the procedure. Before accepting or rejecting the treatment, the practitioner is required to give the patient information pertaining to the risks and benefits of the procedure, as well as available alternatives. Additionally, the patient must be mentally competent enough to make an informed decision, and not be manipulated or coerced into a decision.

Nurses have a perfect role in influencing, and in the distinctive position to encourage health for the Aboriginal and Torres Strait Islander people (Brascoupe, 2009). Thus, culturally safe care is a vital component in improving the health of the Indigenous population (Durey & Thompson, 2012). Likewise, the existence of an Aboriginal health worker (AHW) in partnership with non-Indigenous health providers especially in the primary health care settings carries matching skills to improve the health care and wellbeing of the Indigenous Australians (Abott, Gordon & Davison, 2008). The AHW are the main health professionals, valued and equal members of the health care team, they have an incomparable clinical skills in health promotion, education and leadership roles which has a great involvement in closing the gap between the non-indigenous and Indigenous Australian (Abott, Gordon & Davison, 2008). The strategy of employing Indigenous health professionals and health workers to encourage culturally safe care delivery works in addressing cultural competence, acceptability and appropriateness (Ware, 2013). Therefore, acceptable health care services works from cultural safety and respect, and allowing clients to maintain their cultural practices (Ware,

Life in the emergency room is can be fast paced, with decisions made by healthcare professionals who need to consider the basic ethical principles of non-maleficence, beneficence, autonomy and justice. These principles are resources designed and intended to provide a comprehensive understanding, guidance and rules of conduct to ensure an ethical and legal decision is made, regardless of the medical staffs subjective view of what is right and wrong (Tong, 2007, p. 7)

The author will analyse scenario 5 (appendix a) as he has no practical experience of Do Not Resuscitate Orders (DNAR) and believes this is an excellent opportunity to professionally develop himself in order to improve future patient care. This assignment will reflect, in relation to paramedic practice, on legal, professional and ethical frameworks whilst also considering interpersonal communication theories that impact on the delivery of care. Legal frameworks, including the Mental Capacity Act (MCA) 2005 and Human Rights Act (HRA) 1997, will be scrutinised alongside professional frameworks offered by the Health and Care Professions Council (HCPC), such as the Standards of conduct, performance and ethics (2012). The impact of these frameworks upon duty of care, consent, capacity and best interests will be examined whilst various interpersonal communication theories will be explored, including transactional analysis and the influence of verbal and non-verbal communication. A conclusion will then be offered with well-supported reasoning for this decision.

Peter Nicholson wishes to convert the factory in the north east to production of the electric taxi. Using data in Appendix C, Table 1, calculate payback period and the average rate of return.

There are four basic ethical and bioethical principles that have a strong influence in the practice of medicine, predominantly medicine that deals with those who are dying. The first is beneficence, which directs the physician and health care worker to take positive actions, specifically by restoring health and relieving suffering (Bongard et al., 2008). Then there is nonmaleficence. Goldman and Schafer (2012) add that nonmaleficence is the idea that people should not be harmed or injured knowingly. The third ethical principle is autonomy,