Monday, October 20, 2014

Legal and Ethical Issue for Nursing in Australia: A Case Study of Mrs Y

1. Introduction                                  

This paper is investigating the concern of the nurse on duty with Mrs. Y, who is suffering from cancer. The concern of this paper is to check over legal and ethical issues that must be considered by the nurse in terms of answering the inquiries bestowed upon her about the illness, by the lady. The legal regulations and code of ethics that are noted in this paper are from Australian legislation and is maintained in accordance to the current prevailing laws and nursing ethics of the nation.
2. Case Problem                   
This is a case about Mrs Y, who is 76 years of age and is admitted in the hospital due to extreme kind of lower abdominal pain added by urinary retention. Mrs. Y gets detected of bladder cancer along with various secondaries in her abdomen. She is in a critical stage of cancer, yet is unable to understand the condition as the doctors are communicating in English. Being a lady from Middle Eastern region of Australia,, Mrs Y has limited knowledge of English and thus is facing difficulties in getting
confirmation about her illness. Her 2 daughters requested the doctors not to revel the instance of cancer to her as the same can affect her adversely.

2.1. Main Issues                    
The main issue is about the nurse who is unable to decide is she should tell the patient about her illness. Though the nurse wants to state the truth, yet is unable to decide whether she should follow the decision of the doctors or should make the lady aware of her severe condition.

2.2. Justification for the Issues         
It is true that the nurse wants to tell the truth to the patient as the same will support her in gaining enough preparations for the upcoming death. However, there is also the situation of mental failure, in case Mrs. Y, turns up to be weak in handling the situation

3. Theoretical Approach                  
The core theoretical approaches are based on the Australian Code of Ethics and the legislative declarations as initiated under Australian Nursing & Midwifery Council, Privacy Act1988, incorporating amendments to Act No. 73 of 2010 and Charter of Human Rights and Responsibilities 2006. The approaches are all based on analytical aspects based on the mental stability and strength of the patient.

3.1 Problematic Issues                      
The problematic issue for this case is in reference to the nurse who is allotted to assist and support the mental and physical health of Mrs Y, who is suffering from cancer and has very few days left. The illness is severe, and unfortunately the doctors never told Mrs Y about her condition, as her daughters requested the doctor to keep it a secret, to prevent their mother from serious mental breakdown.
This is a sensitive issue, as the nurse needs to remain very tactful while dealing with the inquiries of Mrs. Y. In a clear way, the nurse needs to lie to the patient about her health and the same is creating ethical and moral chaos in the nurse. The very chief problems thus can be enlisted as whether to make Mrs. Y aware of her severe condition and ignore the decision of the doctor, followed by whether to reveal the truth so that the patient can prepare herself for upcoming death and whether to continue with the lie in order to prevent the patient from sudden mental breakdown.


3.2 Law Theory                                 
As per the declarations of the Supreme Court of South Australia Decisions (2006), no medical authority can actually restrict someone from getting mental harassment. Medical attentions and treatments are definitely very necessary, but at the same time some personal requests of the patients need to get considered. Under any circumstance the respondent’s conduct should not be ‘improper, unethical and unprofessional’. Supreme Court is very particular about the way the medical professional can get hold of the ‘patient’s trust and confidence’. Emphases were led over the foundational approach of making the patient understand the traumatic situations that he might need to face.
In case of Mrs. Y, she was not aware of the severe cancer in her and the trouble that she is facing “that illness” which is cancer is not revealed to her. According to Nurses Act 1993, it is not appropriate to stress a patient against her will. In some serious instances views need to be collected from some other experts.  Though the situation of Mrs. Y, there is the need for severe maintenance of confidentiality in accordance to her sensitive feelings, yet it is important that her status should be investigated well to prevent any odd ending. If this situation gets ignored then the medical professionals involved in this case can be charged of misconduct and irresponsibility (Forrester & Griffiths, 2010).

3.3 Ethical Theory                 
Accountability is the state of being answerable for one's decisions and actions. It cannot be delegated. Responsibility is the obligation that an individual assumes when undertaking to carry out planned/delegated functions. The individual who authorises the delegated function retains accountability (ANMC, 2008). In case of Mrs. Y, the nurse is under serious obligation of keeping the confidentiality about the illness by cancer and is under the stress of not letting the patient know what the actual trouble is. It is ethically wrong, yet following the instruction of the senior doctor is something that the nurse cannot violate. The basic concept is about the self understanding for the purposeful context of moral ideologies, with self generated determining factors added by adequate control in case of delivering personal data over mental as well as personal selections for understanding medical related concepts of confidentiality (DeCrew, 2006).

4. Codes of Ethics                 
The determined Code of Ethics as has been decided for the Nurses by Australian College of Nursing, Australian Nursing Federation (ACN, 2005) are about offering value quality-nursing care all kinds of people, offering value respect as well as enough kindness for the self and to all the people. The nurse is liable to maintain absolute peace in the life of the patient and thus, must value diversity among people and must value access towards quality-nursing as well as health care to all the people. It is the sole responsibility of the nurse to maintain value informed mode of decision-making and must value a culture related to safety within the nursing as well as healthcare units. Nurses must value ethical management related to declaration of information and must value an economically, socially and ecologically sustained environment related developments for health as well as wellbeing.

4.1 Nursing Codes     
An amalgamated maintenance of accountability and responsibility is very much important for the nurse who is appointed for Mrs. Y. Her essence of professionalism is subject to meet the norms as the regulation of professionalism and meets the determined standard of care. There is the demand for the maintenance of confidentiality about the patient’s illness under Code of Ethics, but in this case every declaration has been already noted by higher authorities and thus there is no offense on the part of the nurse in maintaining the confidentiality about the illness of Mrs. Y. She is very responsible in offering required services and thus is not liable to get remarked as negligent or unethical.

4.2 Nursing Frameworks      
Maintenance of confidentiality in case of severe health related issue is the demand to be maintained by any nurse. This is bestowed upon the nurse, by the decision led by the senior doctors. Declaration of necessary data and information about the illness of Mrs. Y is restricted from personal declarations and thus should be maintained well. Under the regulations of common law, the maintenance of the duty by a nurse is also inclusive of maintaining necessary level of confidentiality for all those instances, where the revelation of the fact can spoil the health condition of the patient (McIlwraith & Madden, 2010, p. 277). The maintenance of the confidentiality norms should be maintained as the professional relationship of the nurse with Mrs, Y gets ceased and after the predicted demise[1] .
The role of the nurse appointed with Mrs Y is very typical and it is her level of confidentiality that needs to be checked well for the maintenance of confidentiality about the illness of the patient to offer her a better mental support.

5. Conclusion            
Eventually, it can be noted that eh responsibility of the nurse is to follow the declarations as made by the senior doctors and even on ethical and legal grounds, she needs to be careful in offering the patient with a more comfortable mental state than an extended stress. It must be noted here that the nurse needs to take care of Mrs, Y and should not worry much about the revelation of the cancer related issue in her. As declared by the daughters of the patient, Mrs. Y is a very sensitive woman and this is the reason taht she should be offered with this confidentiality for a better way of having possible recovering strength from cancer in particular.

References
ACN (2005) Code of Ethics for Nurses in Australia. Australian Nursing and Midwifery Council, Australian College of Nursing, Australian Nursing Federation. www.acn.edu.au
Australian Nursing & Midwifery Council. (2008). Code of ethics for nurses in Australia. Retrieved on August 18, 2014. Available from http://www.nursingmidferyboard.gov.au
Charter of Human Rights and Responsibilities 2006 (2006). Parliament of Victoria. Retrieved August 18, 2014, from www.legislation.vic.gov.au
DeCrew, J. (2006). Privacy. Stanford encyclopedia of philosophy. Retrieved September 1, 2010, from http://plato.stanford.edu/entries/privacy/#PriInt
Forrester, K., & Griffiths, D. (2010). Essentials of law for health professionals (3rd ed., pp. 87-131).Sydney: Mosby Elsevier
McIlwraith, J., & Madden M. (2010). Health care and the law(5thed). Pyrmont, NSW: Thomson Reuters.
Nurses Act 1993. Decision of NSW Medical Tribunal. Belle v Chiropractors Board of SA [2006] SASC 250 http://www.austlii.edu.au/au/cases/vic/VCAT/2006/1968.html [retrieved on 18th Aug. 2014]
Privacy Act1988, incorporating amendments to Act No. 73 of 2010 (2010). Commonwealth of Australia. Retrieved Retrieved August 18, 2014, from http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/current/bytitle/CDFBC6BC359968E4CA257758001791A7?OpenDocument&mostrecent=1
Supreme Court of South Australia Decisions (2006). Health & Medical Case Law. 3, Disciplinary Case Law, Medical Boards and Tribunals Medical Board of SA v T, R & Anor [2006] SASC 312. 13 October 2006 http://www.austlii.edu.au/au/cases/sa/SASC/2006/312.html [retrieved on 18th Aug. 2014]








[1] The ethical management of information involves respecting people‘s privacy and confidentiality without compromising health or safety. . . Personal information may only be shared with the consent of the individual or with lawful authorisation. (ANMC, 2008)

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