Law is defined as rules that are sanctioned and implemented by the parliaments, which all the citizens are legally obligated to obey (Montgomery, 2013). The Queen in parliament created and revises the English law that governs the whole of Wales and England, after which it is deliberated on by the House of Commons before being passed for implementation (Surbhi, 2015). However, the common laws, which are laws that serve as a framework from court judgement, are used for similar future cases (Juridique, 2017). Law differentiates between the good and the bad in a society and serves as a norm which guides people’s behaviors (Montgomery, 2013). The nurse has a special role within her code of practice to respect the right of the patient under her care, work co-operatively with other health care professionals and notify with details, anything that can negatively impact on the standard of care that she delivers (Rai, 2011).
Ethics can be defined as a standard means of comprehending, explaining and differentiating issues of good and bad and wrong and right; as they relate to the relationship between conscious beings while Morals are unique and individual behaviors, beliefs and way of living coined from practicing ethics (Butts and Rich, 2019; Durkheim, 2018). Hence, health care providers are expected to understand and respect individual ethics and laws observed in any setting they find themselves, regardless of their culture, beliefs, perceptions and ethnicity (Timmons, 2013). Additionally, nurses are to obtain and establish their patient’s trust by critically identifying and addressing ethical issues surrounding their care preferences (Department of Health, 2012). Punitive measures may not be carried out on anyone that deviates from ethical principles but punishments await anyone that disobeys the law (Griffith and Tengnah, 2014). However, ethical issues are prevalent in every healthcare setting and it becomes obvious when there is discord between the patient and the health care professional or even the health institution (Nichola, 2014). Therefore, nurses and other health care professionals should be educated and adhere to the law and their professional code of conduct and standards during practice (McCarthy and Gastsmans, 2015). Furthermore, this essay is centered on upholding anonymity and confidentiality whilst deliberating on the legal and ethical principles in health care and its impact on practice and the profession at large (NMC, 2015). Also, ethical theories and principles will be considered, alongside reflecting on laws and regulations that relates to all health professionals. To maintain the confidentiality and privacy of individuals as stated by NMC (2018), all identification will be kept fictional.
Mr. S is a registered nurse, working in the emergency department of a hospital; during one of his busy shifts, a young lady Miss. B who collapsed on the road was rushed to the emergency department unconscious. Some laboratory investigations were carried out on her to dictate the cause of the unconsciousness and to rule out any internal injury as a result of the collapse and the result revealed that Miss. B. is positive to HIV and Hepatitis C. When she regained consciousness, the laboratory result was discussed with her and she was devastated about the news. Miss. B is getting married in four (4) month time with Mr. A, who happens to be Mr. S (the registered nurse) twin brother. Mr. A came into the hospital, asking his twin brother to give him the full details of what was wrong with his wife-to-be, Miss B. However, Miss. B. had earlier said that she wishes to keep her present diagnosis confidential, especially from his fiancé Mr. A and threatens to sue the hospital for conducting the laboratory investigations on her without her consent.
Reflective learning on ethical and legal issues from past experience in the clinical setting helps in improving health care practices (Schon, 1983; Tompkins, 2016). Therefore, regular professional development update on legal and ethical principles in healthcare practice should be carried out by all nurses and other healthcare professionals (NMC, 2018); as this enhance the nurse's competence and proficiency in providing high quality and effective care (Benner, 1984). Also, protecting service users from negligence, malpractice and abuse which may cause permanent or temporary disability helps the nurses to avoid prosecution (Ford and Cooper, 2018); hence the prompt and right documentation of patient’s care and taking responsibility as well as being accountable for care (NMC, 2015; Goope and Galloway, 2017).
The principal ethical and legal connotation in Miss. B. case from the scenario above is the duty of autonomy, fidelity, justice and non-maleficence which the hospital and her care provider who happens to
Order this paper