Throughout a nurse 's career they have to consider the legal, ethical and professional implications of every action they do. The people that will be named in this assignment have been given a pseudonym, to protect their identity in accordance with the section 5 of the Nursing Midwifery Council Code of Professional Conduct (2002). I will also reflect on my essay using Gibbs (1988) theory of reflection.
To be able to address this case I feel it is important to know what a law is. This can be divided in to two areas; Criminal law which relates to the conduct of an individual which is punished by the state and Civil law which relates to a relationship between individuals (Fletcher et al, 1995). In the law it states that a childrens nurse must take into consideration; The Children Act 1989 which states that the welfare of the child is paramount, Article 8 of the Human Right Act 1998 ( 'child or minors right to refuse medical treatment ') and every Child Matters 2003. As a professional nurse you are bound by The Professional Code of Conduct which is produced by the Nursing and Midwifery Council (NMC) (2004). Another aspect when addressing this case study would be to look at the ethical implications. Ethics is a series of moral behaviour whether it is right or wrong or ethical or unethical (Icheku, 2012). Icheku 's (2012) (pg20) definition states that 'Ethics is a branch of moral philosophy which examines what is good (ethical) or bad (unethical) in ones decision or action ' (pg20). Beauchamp and Childress (2001) developed a set of principals that provide an analyitcal framework for the children 's nurse to work from which represent general values which underlie rules in common morality. They describe these as moral prinicipals, moral obligations or commitments, which are respect for autonomy - which means they have the cognitive ability to make informed choices; justice means to act in away
Bibliography: Allen, N. (2005) Making Sense of the Children Act 1989. 4th ed. Chichester: JohnWiley & sons Beauchamp, T.L., Childress, J.F British Medical Association (2001) Consent, rights and choices in health care for children and young people. London BMJ Books Children’s Act (England and Wales) (1989) Edinburgh: HMSO Department of Health (2004) National Service Framework for Children, Young People and Maternity Services. London: DH Dimond, B., (2011) Legal Aspects of Nursing 6th ed Glasper, A. Richardson, R., Eds (2006) A textbook of children and young people 's nursing. London: Elsevier Hendrick,J Icheku, V. Ph.D, (2012) Understanding Ethics and Ethical Descision-Making: Case Studies and discussions. London: SG Williams Publishing UK Company Ltd. Kings College London. (2012) Article 8 and Minors 'Right to refuse Medical treatment '. Available: www.kslr.org.uk/blogs/humanrights/2012/01/20/article-8-and-minors-right-to-refuse-treatment. Last accessed 25th May 2012 Lowden,J Miller, R.B. (2003) Children, Ethics and Modern Medicine. USA: Indiana University Press Nursing Midwifery Council (2004) Royal College of Obstetricians and Gynaecologist. (2006). Alcohol and Pregnancy. Available: www.rcogworg.uk/womens-health/clinical-guidance/alcoholandpregnancy-info. Last accessed 9th June 2012 Reflective Practice