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Law and Ethics

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Law and Ethics
This assignment will explore the professional and legal implications of a scenario which took place within a healthcare setting during the last year. Health care is very complex and decisions about how services are provided can have a huge effect on people’s lives. Therefore it is imperative that the care offered has the best chance of benefiting a patient and not harming them. However, in the following scenario a decision made by a healthcare professional for the best interests of their patient is challenged by the patient 's mother. To protect confidentiality the real names of the individuals involved have been changed (NMC, 2008).
Katie is a 24 year old woman who has been admitted to hospital with a severe chest infection. Katie suffers from recurring chest infections due to her condition and also has cerebral palsy, learning disabilities and epilepsy. Due to these conditions Katie is unable to communicate, requires a Naso Gastric Tube for feeding, is doubly incontinent and has one to one care from a Health Care Support Worker for all her personal and clinical needs. Katie lives with her mother at home, who provides her care during the night. The medical team discovered that her chest infection is Pneumonia and begin the relevant treatment, however believe that due to Katie’s quality of life she should be Not for Resuscitation (NFR) in the event of a cardiac arrest. However, Katie’s mother argues that her daughter should be resuscitated and the decision should be made by her, because she is her mother and that the health care team are neglecting her daughter’s right to life and are acting illegally by making such a decision. Katie’s mum also believes that the health care team are basing their decision on Katie’s learning disability rather than her best interests.
This essay will encompass the ethical considerations that need to be sought when a decision such as NFR is made. Taking into account the legal and professional implications



References: * Beauchamp TL and Childress JF, (1989), Principles of biomedical ethics, third edition, Oxford University Press * Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 * British Medical Association (2007) Resuscitation Council (UK) and the Royal College of Nursing, Decisions relating to cardiopulmonary resuscitation, BMA. * Campbell A, Grant G and Jones G, (2005) Medical Ethics, Fourth Addition, Oxford publishers * Castledine G, (1993), The Nursing Way of Death, British Journal of Nursing, 16: 138-146. * Degrazia D, (1999), Advanced Directives, Dementia and the ‘Someone else problem’ Journal of bioethics, 13 (5): 373. * Dimond B, (2008) Legal aspects of Nursing, Fifth edition, Pearson education publishers. * Donogue v Stevenson [1932] AC 562 599 * Grifiths R and Tengnah C, (2008), Mental Capacity Act; determining best interest, British Journal of Community Nursing, 13 (7): 335-340 * Hawley G (2007) Ethics in clinical practice: an interpersonal approach. Pearson Education. * Herbert C L, (1998), ‘To be or not to be’ an ethical debate on the not for resuscitation status of a stoke patient, Journal of Clinical Nursing, 6: 99-105 * Re J (a Minor) (Wardship: Medical treatment) (1991) Fam 33; [1990] 3 All ER 930; [1991] 2 WLR 140; Times, 03 October 1990; [1992] 1 FLR * Rumbold G, (2002) Ethics in nursing practice, Third edition, Bailere Tindall Publishing * Rundell s and Rundell L, The Nursing Contribution of the resuscitation debate, Journal of clinical nursing, 1: 195-198 * Runicman B, Merry A and Walton M (2007), Safety and ethics in healthcare; a guide to getting it right, Ashgate publishers * Schluzt L, (1998), Not for Resuscitation; two decades of challenge for nursing ethics and practice, nursing ethics, 4 (3): 227-240 * Thomson IE, Melia KM, Boyd KM and Horsburgh D, (2006) Nursing ethics, Fifth edition, Churchill Livingstone.

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