Foundations for Ethical Practice
thFoundations for Professional Practice
The aim of this essay is to explore the legal, professional and ethical issues in relation to Sam [see appendix 1]. Sam is a nineteen year old male, who has incurred a head injury which has rendered him unconscious. He is therefore incapable of giving informed consent.
The legal issues explored in relation to Sam are: the National Health Commission, the Mental Capacity Act 2005, the Human Rights Act 1998, Legal Duty of Care, Safeguarding Vulnerable Adults, implied consent and Accountability.
Areas explored in relation to the Nursing and Midwifery Council: The code; Standards of conduct, performance and ethics for nurses and midwives (2008), includes: The relationship between the NMC and ethics, links between the NMC Code (2008) and the law and consideration of the methods in which the NMC Code (2008) guide practice in relation to the care Sam receives.
Final content of this essay aims to define and discuss different ethical models, apply ethical reasoning to the decisions made in relation to Sam’s care and to explore the impact of individual moral values.
In order to comprehend the legal practices which underpin the care Sam receives, it is necessary to understand the nature of law, methods of delivery and the relevance of legal systems in relation to nursing practice (Reeves and Orford, 2002).
Llewellyn ([1893-1962], cited in Hendrick, 2000, p.3) maintained that the purpose of law is to prevent communal extinction, whilst promoting compliance to, and enforcement of socially acceptable values. Llewellyn’s belief is apparently reinforced by Farrar and Dugdale (1990, cited in Hendrick, 2000, p.3) who identified: Preservation of communal harmony by way of prohibiting and punishing socially unacceptable behaviour; enabling mutual engagement through realisation of essential securities and establishment and regulation of the foremost arbitrators of authority; as the three universal requirements of law.
Socially
The aim of this essay is to explore the legal, professional and ethical issues in relation to Sam [see appendix 1]. Sam is a nineteen year old male, who has incurred a head injury which has rendered him unconscious. He is therefore incapable of giving informed consent.
The legal issues explored in relation to Sam are: the National Health Commission, the Mental Capacity Act 2005, the Human Rights Act 1998, Legal Duty of Care, Safeguarding Vulnerable Adults, implied consent and Accountability.
Areas explored in relation to the Nursing and Midwifery Council: The code; Standards of conduct, performance and ethics for nurses and midwives (2008), includes: The relationship between the NMC and ethics, links between the NMC Code (2008) and the law and consideration of the methods in which the NMC Code (2008) guide practice in relation to the care Sam receives.
Final content of this essay aims to define and discuss different ethical models, apply ethical reasoning to the decisions made in relation to Sam’s care and to explore the impact of individual moral values.
In order to comprehend the legal practices which underpin the care Sam receives, it is necessary to understand the nature of law, methods of delivery and the relevance of legal systems in relation to nursing practice (Reeves and Orford, 2002).
Llewellyn ([1893-1962], cited in Hendrick, 2000, p.3) maintained that the purpose of law is to prevent communal extinction, whilst promoting compliance to, and enforcement of socially acceptable values. Llewellyn’s belief is apparently reinforced by Farrar and Dugdale (1990, cited in Hendrick, 2000, p.3) who identified: Preservation of communal harmony by way of prohibiting and punishing socially unacceptable behaviour; enabling mutual engagement through realisation of essential securities and establishment and regulation of the foremost arbitrators of authority; as the three universal requirements of law.
Socially
References: Tschudin, T. (2003) Ethics in nursing: The caring relationship. 3rd (edn). Butterworth Heinemann: China Young, A. (2009). ‘Review: the legal duty of care for nurses and other health professionals’, Journal of Clinical Nursing, 18. pp. 3071-3078. EBSCO [Online]. Available at:http://ehis.ebscohost.com/eds/resultsadvanced?sid=588b0012-4cbe-4e51-b798-f14d4f318872%40sessionmgr14&vid=14&hid=103&bquery=(AU+(young))+AND+(duty+AND+of+AND+care)&bdata=JmNsaTA9RlQxJmNsdjA9WSZjbGkxPVJWJmNsdjE9WSZ0eXBlPTEmc2l0ZT1lZHMtbGl2ZQ%3d%3d (Accessed:25 October 2011).