Should Sharna Report The Suspected Child Abuse And Neglect?
Ethical and Legal Decision-Making Framework
1. Identify issues and collect information
1.1 Identify the problem
• Issue 1: Should Sharna respect Ginty’s right to refuse further treatment.
• Issue 2: Should Sharna report the suspected child abuse and neglect?
1.2 Identify who is involved
• Ginty, Ginty’s two children, Sharna, Garry and Child Safety Service.
2. Evaluate
2.1 Ethical Principles
• Autonomy – Competent adults with capacity have the right to refuse treatment. Respecting Ginty’s rights and values.
• Beneficence – Medically, it may be in Ginty’s best interest to continue her treatment as she is a young woman and the treatment could potentially prolong her life and allow Ginty to watch her children grow and have more time together. …show more content…
Medically, it may be in Ginty’s best interest to continue treatment. However, continuing the treatment may cause greater harm to Ginty’s psychosocial well-being and dignity. Sharna has a duty to protect the children from harm, thus, it is mandatory for Sharna to report the suspected child abuse and neglect.
• Justice –
Rights-based justice – Respect Ginty’s right to refuse treatment.
Legal justice – Sharna is obliged to report the suspected child abuse and neglect and is responsible for her actions/inactions. Additionally, Sharna is accountable for her actions on Ginty’s refusal of treatment.
2.2 Code of Ethics
The following elements from Code of Ethics for Nurses (ICN Code of Ethics for Nurses, 2012) can be applied to this …show more content…
Sharna needs to demonstrate professional values of respectfulness by respecting Ginty’s decision to refuse treatment and demonstrate compassion to Ginty by supporting her decision and providing care that enhances her quality of life.
• Element 2:
Element 2.1 clarifies that nurses carry responsibility and accountability for nursing practice (ICN code of Ethics for Nurses, 2012, p.3). Hence, Sharna is responsible and accountable for her actions/ inactions to report the child abuse and neglect.
2.3 Legal Issues
The first legal issue to discuss is Ginty’s refusal of treatment. Two sources can be applied to this case: Statute Law (Guardianship and Administration Act, Sch 4) and Common Law (Re B (adult: refusal of medical treatment). The (Guardianship and Administration Act, Sch 4) states that an individual is considered to have capacity if they are capable of understanding the nature and impact of their decision and communicated the decision in some way (Guardianship and Administration Act, Sch 4). The Common Law (Re B (adult: refusal of medical treatment) states that unless the illness has significantly affected the patient’s capacity, a seriously disabled patient still has the same rights as a healthy person and their personal autonomy needs to be respected. McDonald and Then (2014, p.84) explained that competent adults have
1. Identify issues and collect information
1.1 Identify the problem
• Issue 1: Should Sharna respect Ginty’s right to refuse further treatment.
• Issue 2: Should Sharna report the suspected child abuse and neglect?
1.2 Identify who is involved
• Ginty, Ginty’s two children, Sharna, Garry and Child Safety Service.
2. Evaluate
2.1 Ethical Principles
• Autonomy – Competent adults with capacity have the right to refuse treatment. Respecting Ginty’s rights and values.
• Beneficence – Medically, it may be in Ginty’s best interest to continue her treatment as she is a young woman and the treatment could potentially prolong her life and allow Ginty to watch her children grow and have more time together. …show more content…
Medically, it may be in Ginty’s best interest to continue treatment. However, continuing the treatment may cause greater harm to Ginty’s psychosocial well-being and dignity. Sharna has a duty to protect the children from harm, thus, it is mandatory for Sharna to report the suspected child abuse and neglect.
• Justice –
Rights-based justice – Respect Ginty’s right to refuse treatment.
Legal justice – Sharna is obliged to report the suspected child abuse and neglect and is responsible for her actions/inactions. Additionally, Sharna is accountable for her actions on Ginty’s refusal of treatment.
2.2 Code of Ethics
The following elements from Code of Ethics for Nurses (ICN Code of Ethics for Nurses, 2012) can be applied to this …show more content…
Sharna needs to demonstrate professional values of respectfulness by respecting Ginty’s decision to refuse treatment and demonstrate compassion to Ginty by supporting her decision and providing care that enhances her quality of life.
• Element 2:
Element 2.1 clarifies that nurses carry responsibility and accountability for nursing practice (ICN code of Ethics for Nurses, 2012, p.3). Hence, Sharna is responsible and accountable for her actions/ inactions to report the child abuse and neglect.
2.3 Legal Issues
The first legal issue to discuss is Ginty’s refusal of treatment. Two sources can be applied to this case: Statute Law (Guardianship and Administration Act, Sch 4) and Common Law (Re B (adult: refusal of medical treatment). The (Guardianship and Administration Act, Sch 4) states that an individual is considered to have capacity if they are capable of understanding the nature and impact of their decision and communicated the decision in some way (Guardianship and Administration Act, Sch 4). The Common Law (Re B (adult: refusal of medical treatment) states that unless the illness has significantly affected the patient’s capacity, a seriously disabled patient still has the same rights as a healthy person and their personal autonomy needs to be respected. McDonald and Then (2014, p.84) explained that competent adults have