Ethical and Legal Conflict Australian Medical Acts

Question: Discuss about theEthical and Legal Conflictfor Australian Medical Acts. Answer: Introduction Ethical and legal conflict affects the involved stakeholders either directly or indirectly. The intensity of the effect vary from one stakeholder to another and depending on the intensity different measures are adopted to counter such effects. From the case outlined the key stakeholders who are affected by the ethical and legal conflict includes the patient (Elsie), the paramedics, the Residential Aged care, the R.N and the patients family. The stakeholder mentioned above experiences a direct impact which requires a well-strategized procedure to reduce the impact. The community and institutions which take part in solving the conflict are indirectly affected by the conflict. Based on the states constitution all the involved stakeholder have their legal rights which when interfered with the offended stakeholder can sue the offender irrespective of social and economic class of the individual or group (Forrester Griffiths, 2010). The Australian medical acts outline the legal rights of patients which professionals and healthcares (RAC) need to be versant to when dealing with the patient (Kerridge, Lowe, Stewart, 2014). Alternatively, the act outlines the responsibilities of a health organisation (Atkins, Britton, Lacey, 2014). Health professionals are guided by the legal rights of the patient, legal responsibilities of the organisation and their scope as outlined in the organisation constitution. The code of conduct guiding the health professionals within their areas of specialisation need to be observed while dealing. Basically, in this paper, I will discuss some of the dilemma issues in health care professional, analyse the situation considering both perspectives that are law and ethic and finally give the right approach for the dilemma. Ethical and Legal Conflict Dignity and Rights of the Stakeholders Elsie Human dignity cannot separate or manipulate while human rights are formulated and implemented by individual or groups to govern and guide the interaction of different people within a state. Each and every stakeholder in a given setting has his/her right. Based on the Australian medical act Elsie has the right to making a decision concerning her treatment. In case Elsie is unconscious a trustee is consulted and required to fill the legal medical form. Elsie has the right access the better health services irrespective of her mental, financial or religious status (Exter, 2016). Despite her, condition Elsie has right to communication and quality services. Though Elsie has all these rights, she respects the family decision and also the suggestion given by the specialist. Registered Nurse The R.N has the right to be defended by the Nurse Association since she was attempting to save the life of Elsie. Based on the professional health act a registered nurse has the right to make a decision on treatment to be initiated to an unconscious patient (Fraser, Waters, Forster, Brown, 2014). Besides the rights her self-respect forces her to make a decision which she fills can save the lives of Elsie. It is unethical to watch a patient struggle while the professional can assist that patient Paramedics The paramedics have the right to be provided with clear information before attending to any patient. Additionally, its their right to make a decision concerning different issues encountered, and the organisation should defend them in case a negative result emerges which was behold their control (Gallagher Hodge, 2012). Considering this right the care should provide full protection to the paramedics. Considering the case of Elsie, the paramedics makes a decision to adopt a mechanism to help Elsie recover though the results turn negative. Additionally, before taking action the paramedics continuously consult Elsie, and it is until when the N.R commands for an action the paramedic acts. Family of the Patient The family has right to enquire information concerning Elsie, and in case the information is biased they can sue the organisation and the professionals involved in the process. When the treatment administered to Elsie had some unprofessional traces the family has the right to be compensated (Joly Knoppers, 2014). To enquire the truth, a legal process is required, and the initiative of suing the organisation indicates a level of legal respect. Principles and virtues of Health Care Ethics Autonomy Despite the fact that Elsie had the right to dictates control over her situation and body the R.N could advise her and give direction on her treatment. Any attempt leading to persuasion is considered to be a violation of the principle. Elsie making the decision to remain in the RAC is the best of her interest, and the decision remains whether or not the NR believes. Beneficence Based on this principle the NR is expected to apply all techniques for the benefit of Elsie (Ashcroft, 2015). The principle of beneficence is to ensure by employing skilled nurses. Additionally, testing the qualification of the nurses works perfectly in enhancing the principle. Being a registered nurse, it indicates that she is qualified a necessity in evaluating the principles Non-Maleficence This principle simply means doing no harm to the patient (Ashcroft, 2015). The principle guided the N.R to make the decision of implementing the advanced treatment hoping that the treatment will avoid blame in case the patient dies. When the paramedics are introducing the resuscitated, they are expecting positive results though the opposite happens Justice The principle ensures that fair ground is established when making a decision (Ashcroft, 2015). In our case, the NR is trying to create a fairground by consulting Elsie. When the situation changes, RN applied the principle of non-maleficence and decided to advance the treatment of the patient. From the case, the contradiction of the principles is experienced a situation which brings conflict. While trying to apply the right measures to relieve the patient as per the principle of beneficence, the Principe of justice is violated. Additionally, the principle of autonomy is violated while trying to fulfil the principle of non-maleficence. Codes of Professional Conducts Health professional need, to be honest with their heads and their patient. Being honest helps in extraction of information from the patients which the specialists uses to determine the right measure to be implemented. Integrity is another element professional should adopt and practice within their areas of specialisation. Such Professionals have access to organisation information, and from the information, they can make a convincing decision. Additionally, the patient can open up and disclose any information concerning their complication which the professional can use to treat the patient. Health professional need to be social. Through socialisation, professional learn different cultures within a setting thus increased cultural capability (Stanford Connor, 2014). A medical decision by culture is more convincing and satisfactory compared to those based on professional skills only. Alternatively, through socialisation, the gap between the specialist and the other involved stakeholders is bridged thus trust is developed which helps in solving some of the legal and ethical conflicts. Effect of the Conflict to the Involved Stakeholders Patient (Elsie) The ethical and legal conflict affect all the involved stakeholder. In the scenario, the conflict directly affects Elsie, R.N., paramedics, Residential Aged Care and the family. The conflict delays the treatment of the Elsie thus causing her death. Probably if an action was taken earlier, the patient issue might not have caused death. Additionally due to pressure imposed to the patient to admit the medical decision made by the specialists directly affects the patient. The absence of the conflict translate to full professional control over the patient and they can freely implement any measure provided it is geared toward seeking a solution for the patient complication. Taking the full control also will eliminate the pressure subjected to the patient while forced to make a decision on methods to be adopted to counter their complications. Professionals (R.N and Paramedics) The professionals are highly affected by the conflict in that their services are restricted. Any decision made by the professional and results negatively leaves the blame on the professional. The conflict affects the professionals psychologically restricting them from making the sober decision a factor which contributes significantly to the failure of some of the method adopted to counter complicated issues (Peirce Smith, 2013). Professional performance in health services is a measure of reliability and validity of the services an individual is offering to the customers. The conflict that exists between the ethical and legal reduces the ability of an individual to deliver quality services. The community expects the health professionals to deliver services which will deliver their people from complication. The conflict limits the power of the professional and aspect which has contributed to deaths of many patients. The community considers such cases to be ignorance of the professiona l an aspect which brings the difference between the professionals and the society. Healthcare (Residential Aged Care) The operation of any health care institution is guided by the mission and vision of the care. The conflict greatly influences the mission and the vision of the care ruining the progress of the care (Wall, 2012). The conflict leads to reduced quality of the services and high death rates in the care. Increased death rate translates to the conflict between the care and the community. Community acts as a great resource for the care since the majority of the customer who is served by the care are from the community. Increased gap between the two reduces the income of the care and reduced income dictates poor services and unqualified staffs. Additionally, the care is restricted to enjoy community services thus the cost of running and maintain the care shoots drastically. Since legally a health organisation is supposed to deliver quality and sufficient services the law forces the closure of the health care. Ethically a health organisation is supposed to make a decision based on the right me chanism to adopt to curb different health problems affecting the community. Family The family of the patient is highly affected both socially and psychologically (Townsend Luck, 2013). The conflict causes preventable death an aspect which brings a serious conflict between the professionals, the care and the family. The death of a breadwinner in a family translate to stress and deterioration of the family financially. Due to stress, some family members may suffer from mental problems. Social and psychological problems greatly affect people suffering from chronic disease, and they can cause death or worsening of their condition a situation which increases the family expense. Increased expenses translate to reduced standards of living and children within that family can be affected mainly on academic. Community The community depends on the health care for quality health services (Lundy, Janes, Lundy, 2014). Since ethic and legal conflict interferes with the quality of the services offered by the care, the community turns to be at great risk. Increased risk translates to the unhealthy community thus the community is affected economically. The unhealthy community is accompanied by high dependency ratio and inferiority regarding a political issue. The inferiority complex subjects the community to mistreat and disrespect of peoples right. Organisation dealing directly with the community use this loophole to mistreat the people and aspect which affects the development of the community. Resolutions for the Conflict Emphasis on professional code of conduct bridges the gap between the patient and the professionals (Willis, Reynolds, Keleher, 2012). Once the gap has been bridged medical decision made by the professionals are respected by the involved parties. Additionally, emphasising on the code of conduct provides the professionals with the right information to be used in formulating the right treatment for the patient. Profile of a health organisation plays a key role in determining the intensity of the conflict. A health organisation which has been making a sound decision leading to the rescue of life will be highly respected. People will respect decision and method adopted to treat the patient. Additionally, an organisation which has been known for employed qualified staff and monitoring their professionals will be highly respected compared to that focus on how to make a profit (Baer, 2015). Such professionals are highly respected, and any decision made in the case of ethical and legal conflict will be highly respected. Negative repercussion resulting from such decision will not be criticised since the stakeholder is certain with the devotion of the specialists. Increases cultural capability of the health practitioners helps in bridging the gap between the community and the health care (Cowen Moorhead, 2014). The gap between the community and the health care bring doubt and complication in case decision made by a health organisation or professional results to negative impacts. Additionally understanding the cultural beliefs of the community and incorporating them while making any decision reduces the doubt and impact expected when the results appear to be negative. Increased cultural capability helps the professionals in addressing ethical issues since they differ in respect to the community. Conclusion In conclusion, both laws and ethics are important while dealing with a patient. It requires professional courage and experience to make a decision on cases where ethical and law is an issue. The decision made should always focus on relieving the patient from the suffering he/she is encountering. While making such decision, all stakeholder need to be considered to avoid further complication. The professionals and the organisation should consider ethics and laws with the same intensity and depend on the situation come up with a solution in case they contradict. Finally, to resolve the conflict that exists between health legal and ethical laws all the stakeholder should be involved and evaluated. References Ashcroft, R. (2015). Principles of health care ethics. Chichester, West Sussex, England: John Wiley Sons. Atkins, K., Britton, B., Lacey, S. (2014). Ethics and law for Australian nurses. Cambridge: Cambridge University Press. Baer, H. (2015). Complementary medicine in Australia and New Zealand. London: Elsevier Health Sciences. Cowen, P. Moorhead, S. (2014). Current Issues in Nursing. London: Elsevier Health Sciences. Exter, A. (2016). International health law and ethics. Basic documents. 3rd, rev. ed. Antwerpen: Maklu. Forrester, K. Griffiths, D. (2010). Essentials of law for health professionals. Chatswood, N.S.W.: Mosby/Elsevier. Fraser, J., Waters, D., Forster, E., Brown, N. (2014). Paediatric nursing in Australia. Cambridge: Cambridge University Press. Gallagher, A. Hodge, S. (2012). Ethics, law and professional issues. Basingstoke: Palgrave Macmillan. Joly, Y. Knoppers, B. (2014). Routledge Handbook of Medical Law and Ethics. Hoboken: Taylor and Francis. Kerridge, I., Lowe, M., Stewart, C. (2014). Ethics and law for the health professions. Burlington: Jones and Bartlett Publishers. Lundy, K., Janes, S., Lundy, K. (2014). Community health nursing. New York: Authors Choice Press. Peirce, A. Smith, J. (2013). Ethical and legal issues for doctoral nursing students. Lancaster, PA: DEStech Publications. Stanford, C. Connor, V. (2014). Ethics for health professionals. Burlington, MA: Jones Bartlett Learning. Stanhope, M. Lancaster, J. (2013). Foundations of nursing in the community. Lancaster: Lancaster PA. Then, S. McDonald, F. (2014). Ethics, law, and health care. Gaithersburg, Md.: Aspen Publishers. Townsend, R. Luck, M. (2013). Applied Paramedic Law and Ethics Australia and New Zealand. Chatswood, N.S.W.: Elsevier Australia. Wall, A. (2012). Ethics for international medicine. Hanover, N.H.: Dartmouth College Press. Willis, E., Reynolds, L., Keleher, H. (2012). Understanding the Australian health care system. Chatswood, N.S.W.: Churchill Livingstone. Zetler, J. Bonello, R. (2011). Essentials of Law, Ethics, and Professional Issues in CAM. London: Elsevier Health Sciences APAC.