Introduction
In this assignment I will be discussing Adult Nursing and Mental Health Nursing and issues regarding consent. Consent is important within all fields of nursing as it is essential to conduct any medical procedures. The Nursing and Midwifery Council Code of Conduct (NMC,2008) states that all healthcare professionals must presume that all patients have the mental capacity to accept or deny medical treatments after being given all information which may be needed. However there may be some instances where consent cannot be obtained. An example of this is if the patient is in a medical emergency and may be unconscious or if the patient lacks the mental capacity to make a knowledgeable choice. In this situation treatment would be
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This information must be easy for the patient to understand and must also be correct and truthful (RCN 2013). The Department of Health define consent as allowing a capable individual to make their own decisions about their health care without being pressured into making any decisions from others such as friends, family and health care professionals. In the adult nursing field it is legal and ethical to gain valid consent before starting a medical procedure, or providing care. This shows that the individuals rights have been respected which is good practice. If a healthcare professional did not respect an individual’s choices they could be accountable to legal proceedings. In common law touching or performing an act of care on a patient without valid consent can be classed as a criminal offence or battery. If a healthcare professional was not following the legal practice regarding consent then the individual may be faced with a criminal offence and disciplinary action will take place (Dimond 2009). The Human Rights Act states that all healthcare professionals should never judge an individual on their sex, race, religion, social origin, language or any other status. The Nursing and Midwifery Council (NMC) states that all nurses must support a patients’ rights to be involved in decisions about their own care, it is extremely important to give sufficient information to
There are a number of legal and ethical duties expected of nurses. Most of these involve care for patient’s autonomy and confidentiality despite the medical care. Failure to act regarding these can give rise to liability. One aspect of Patient’s autonomy involves giving or withholding his consent about treatment. This paper takes into account ‘consent’ as the aspect of law regarding nursing.
When working with an individual it is important to uphold their rights to be fully involved in their own care, whilst adhering to legal requirements. It is also the individuals right to refuse any care, support or treatment they do not want. It is also essential that people not only give you their consent but also that they understand what they are consenting to and the implications of this. Gaining consent protects not just the career but the individual receiving the care and support as-well. If no consent is given then you cannot proceed with the care. It is illegal to pressure anyone into
Nurses have a responsibility to provide safe, quality and competent nursing care and are therefore expected to conduct themselves personally and professionally in accordance with the code of conducts established by the Nursing and Midwifery Board of Australia. The Code of professional Conduct as well as the Code of Ethics for Nurses in Australia together provide a quality framework of professional practice for Nurses, outlining a set of minimum standards Registered Nurses are expected to maintain (Nursing and Midwifery Board of Australia, 2010). Unprofessional conduct is defined as “conduct that is contrary to the accepted and agreed practice standards of the profession” (Nursing and Midwifery Board of Australia, 2010). In the video “Crossing
In this assignment we will be discussing how the Nursing and Midwifery Council NMC (2015) guides nurses in the direction of good practice. Why we have the code? Who the code is for? How to implement the code in our daily lives as practitioners. The NMC (2015) is a set of guidelines which nurses and midwives must adhere to in order to provide the best care possible to their patients. The NMC (2015) is split into four main sections:
In this Assignment, we will be looking at and discussing how the Nursing Midwifery Council’s Code (NMC) can guide the provision of person centred nursing care. What is the NMC’s Code? NMC Code is a list of professional requirements that which the nurses and midwives needs to adhere in order to practice in United Kingdom. This Code also helps the nurses and midwives to maintain their professional standards throughout their career. The Code is divided into four important sections. The sections are Prioritise people, Practise effectively and Preserve safety and Promote professionalism and trust (NMC 2015).
The aim of this essay is to presents a critical analysis over the nursing dilemmas around capacity and her limitation by presenting example from the author’s practical experience. The names of the patients will be replaced with pseudonyms for confidentiality purposes according to the Nursing and Midwifery Council NMC(2015) Code of Conduct. Consent is often misunderstood. Mental Capacity is a complex topic and often health professionals tend to provide treatment which may be in the patient 's best interests but not always in accordance with his will and preferences thus adhering to Personal-Centred Approach. Further will be discussed Assessment of capacity and risk assessment, The Principle of Best Interests, Deprivation of Liberty Safeguards(DOLS), accepting Advanced decisions if they are in place. Moral and ethical considerations asociated with mental capacity will be presented throughout the essay.
This essay will explore why consent and confidentiallity is important in midwifery practice. It will look into why it is needed and what can happen if these aspects are breeched in anyway. The National Health service was founded in 1948, this brought free healthcare to everyone. In 1902 the Midwives act becomes a law and midwifery became an established profession, fast forward to 2004 the midwives rules and standards are published and then amended in 2012 and in 2008 the code of conduct was brought into practice. These publications are legal documents in which all nurse and midwives must abide by. In these documents there are clear rules that surround both consent and confidentiality (NHS Choices 2014)
Dimond (2009) and NHS choices (2016) explained consent as the process involving a person giving their approval to accept or refuse a treatment or interventions, after receiving detailed information from a health care professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it needs to be given voluntarily without any influence or pressure from either a family member or clinician. In addition, the capacity of the person is important when giving consent and the ability to process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that the autonomy of the person giving
At a practice level, the importance and guidance of the Code of Conduct, Code of Ethics and NPA are demonstrated on a daily basis with regard to the issues of documentation, informed consent and open disclosure, and confidentiality. With respect to documentation, nurses must be able to document patient assessments and responses in an accurate, comprehensive and confidential manner and record all observations objectively. Informed consent and open disclosure are also major legal issues nurses face daily. It refers to the communication between the patient and health professional that results in the patient's agreement to undergo a specific procedure and requires that the patient has thoroughly understood the procedure, implications and risks prior to giving written consent.
Nurses are subject to a plethora of legal, ethical, and professional duties which can be very challenging on a day to day basis. Some of these duties include respecting a patient 's confidentiality and autonomy, and to recognize the duty of care that is owed to all patients. As nurses our duties are always professional; however there are legal implications if these duties are breached. We also must consider when it is okay as nurses to breach these duties and therefore ethical issues arise. As nurses one of our main priorities is to advocate for our patients, without our own personal feelings on the matter taking over.
The need for older people to have their autonomy to make a decision and be an active partner in the decision making process must be recognised and is an essential component in person centred care. ‘’The older person and family have the right to make informed decisions about all aspects of their care and the nurse respects the level of participation desired’’ (An Bord Altranais, 2009). Nurses most realise the importance of patients participation in their care and strive to uphold it as a principle of person centred care, ‘’Lack of time and/or restrictions on patients choice and involvement, was listed as the number 1 factor to hinder quality nursing care’’ (An Bord Altranais, 2009). As nurses it is our responsibility to take the time to overcome communication barriers, for example, a hearing or speech deficit. The nurse can opt to use non-verbal communication to facilitate the decision making process for the patient. Patients are entitled to information about every aspect of their care and should be frequently updated. Information about management and prevention of conditions, procedures, assessments and investigations ,diagnosis, treatment, follow on care, referrals and services available to patients( i.e. health, social) should all be disclosed to patient (Department of Health,2001). If they
According to Hall, C. and Ritchie, D. (2013) nurses at all levels are expected to comply with strict ethical guidelines. They are in addition expected to practice according to systems of rules and regulations established by the government and regulatory bodies such as the Nursing and Midwifery Council (NMC) in order to safeguard members of the public, uphold good conduct and promote good provision of care (NMC, 2010).
Nursing is an all encompassing profession in which practitioners are not only proficient in technical medical functionality, they also have the obligation to remain compassionate and respectful of patients and as such are expected to adhere to pre established codes of ethics. Of these ethics, autonomy is of extreme importance as it offers patients a sense of personal authority during a time where they may feel as if their lives, or at the very least their health, is no longer under their control. Autonomy in the context of nursing allocates the patient and often their family with the final word on the course of treatment. The concept of patient autonomy is a highly variable subject in all fields of health care. It is a universal concept that varies widely in its meaning and interpretation. Autonomy in its simplest form can be defined as a state of independence or self governing (Atkins, 2006). Patient autonomy can also be defined as the ability to make once own decisions, based on one’s sound judgment. It is defined by the American Nurses Association (ANA, 2011) as the "agreement to respect another 's right to self determine a course of action; support of independent decision making." This seemingly straight forward ethical concept is rife with difficulties when one considers potential disagreements that may arise even when informed consent is provided, particularly among children or vulnerable people. Relevant research and
Consent can be quite tricky, a legal minefield for healthcare teams, this is due to the patients who will give or refuse to give private information about themselves who is legally competent but
According to Beauchamp and Childress, the principle of autonomy asserts that a capable and competent individual is free to determine, and to act in accordance with, a self-chosen plan (Beauchamp and Childress as cited in Keating and Smith, 2010). Determining a patient's competence is critical in striking a proper balance between respecting the autonomy of patients who are capable of making informed decisions and protecting those who are not fully capable (Appelbaum, 2007). Tagging children incompetent solely on the basis of their age and not involving them in decision making regarding their health is violation of children's human right. Obtaining consent from parents, rather than children, negates one of the most important principles of medical ethics, which is patient autonomy. Nurses are obligated to promote the health of children by embracing children's right. Nurses' duties which stem out of respect for autonomy include both duties to ensure children's self determination is respected and to refrain from practices that interfere with the children's right of decision making (CARNA,