This is not an example of the work produced by our Nursing Essay Writing Service. NOTE: We only request your email address so that the person you are recommending the page to knows that you wanted them to see it, and that it is not junk mail. Upon completion of the assessment it was decided that Anita did have capacity to make decisions surrounding treatment at that time, within the framework of the Mental Capacity Act (GB 2005). To answer the question we need to examine how the dilemma sits within an ethical theory and the principles that apply. This decision was reached due to Anita being able to understand the information being given to her, being able to retain the information and weigh it up to make a decision to refuse treatment. The principles of autonomy (freedom to act on your own belief), Nonmaleficence (obligation to avoid doing harm), Beneficence (providing benefits and help) and Justice (fair distribution of benefits, risk and cost) which are derived from a duty based theory of Emmanuel Kant (1724-1804) (Beauchamp & Childress 2009). Gravity. Spell. 11th Feb 2020 Even with changes, legal and ethical challenges remain for those practicing in this area. Ethical And Legal Issues In Mental Healthcare. When Anita had calmed the nurse had a discussion surrounding the implications of not having the wound sutured such as infection, Anita’s possible need to attack the wound in the future and pain relief issues, However Anita maintained her decision not to have the wound sutured. To violate a person’s autonomy is to treat that person merely as a means: that is, in accordance with others’ goals without regard to the persons own goals. In considering Anita’s wishes and agreeing a management plan to care for the wound incorporates both principles of Anita’s autonomy and the nurse’s obligation towards beneficence. The chapter on ethics in research, an important inclusion in the book, is very informative. This question is for testing whether or not you are a human visitor and to prevent automated spam submissions. Flashcards. A large proportion of moral and ethical dilemmas that are faced by nurses stem from the conflicting principles of autonomy and beneficence. In contrast, the correctional nurse may face ethical situations daily. The author cites some examples of early research, which by current ethics standards would be viewed with horror. Lakeman (2009) points out that an ethical dilemma occurs when there are a multitude of alternative courses of action to deal with a particular situation. The next chapter focuses more specifically on the ethics of publication. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! It is about people reasoning, thinking and applying a process of reflection (Adshead 2010); however these people may have opposing views, values and experiences on which to base their moral judgements to define what is the right and wrong course of action (Hendrick 2009) and the principles used to decide this, not only by the individual but also within social groups and societies. All actions that are performed by nurses can be regarded as having a moral dimension, most of which are for the benefit of the patient (Edwards 2009). Terms in this set (33) Nurses are constantly faced . Thank you for your interest in recommending The Journal of the American Academy of Psychiatry and the Law site. The Commission on Mental Health Law Reform was appointed by then Chief Justice of the Supreme Court of Virginia Leroy Rountree Hassell Sr. in October 2006 and was directed to conduct a comprehensive examination of Virginia’s mental health laws and services. Nursing Essay It may be that Anita is already feeling a loss of autonomy or disempowerment by the very nature of being a patient upon a secure ward and being under the Mental Health Act (GB 2007) and the restriction of her basic autonomous decisions such as when to eat, sleep or who she resides with. *You can also browse our support articles here >. Legislation determines what is right or good within a society. Where: BOISE, ID When: Friday, March 6, 2020 at 8:00 AM - 3:45 PM. The contributors include professionals from the mental health and legal fields. T. G. Sriram . "right" or "good" Legislation determines what is _____ within a society. Also, as a psychiatrist, I would have liked to see a separate chapter pertaining to problems in ethics that arise from the psychiatric profession’s relationship with the pharmaceutical industry. Respect for autonomy flows from the recognition that all persons have unconditional worth, each having the capacity to determine his or her own moral destiny. VAT Registration No: 842417633. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of NursingAnswers.net. Legal and Ethical Issues for Mental Health Professionals: Revised 2020. These are important references for students and practitioners. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Beneficence could be interpreted to incorporate the patient’s autonomous choice as “the best interests of the patient are intimately linked with their preferences … [from which]â€¦ “are derived our primary duties towards them” (Beauchamp & Childress 2009:207). bernikitty. Course … Matters of ethics that arise in the different stages of the study, ranging from the decision to conduct the study, to the design of the study, data collection, and analysis are discussed. Legal and Ethical Issues for Mental Health Professionals: Revised 2020. Disclaimer: This work has been submitted by a student. ETHICAL AND LEGAL ISSUES 2 Nurses are faced with ethical and legal issues in their nursing practice on a regular basis related to nursing shortages, general inadequate staffing, cost control measures, and ineffective leadership. Boundary violations have been a major ethics concern in the mental health profession. For more information: Call (800) 844-8260 × Close. Multi-User. Firstly the practitioner needs to ascertain whether the person being assessed has some sort of disturbance of the mind and, if such a disturbance exists then it “must affect their ability to make decisions when they need to” (Department of Constitutional Affairs (DoCA) 2007:45). Updated 2020 to include changes in laws, use of technology, and more! This may indicate that Anita was under a great deal of distress at the time, which could have affected her capacity to make sound decisions; however her later decision of continuing to refuse treatment was based on her own morals and values towards her body that may have included these thoughts of self-loathing and the need to be punished. If this is not the case then the person cannot be seen as lacking capacity under the Act (GB 2005, DoCA 2007). 433 pp. Created by. In Anita’s case, the nurses’ worry, that the consequences of the wound becoming infected, is driving their desire to treat the wound irrespective of Anita’s wishes. I was glad to see a comprehensive book devoted to this field. Yet, these issues are inadequately addressed in the traditional teaching curriculum of mental health professionals and in day-to-day practice. STUDY. Write. At this time Anita, due to her mental state, could not fully appreciate the nature of the wound and felt that she needed to punish herself further by refusing treatment. Ethics-related issues are gaining complexity and becoming very vital for current-day mental health professionals. The Nursing and Midwifery Council (NMC 2008) stipulates that nurses must respect a patients right to confidentiality at all times and ensure that the patient is informed about how information concerning them is shared. To help determine whether Anita has capacity, The Mental Capacity Act (2005) sets out a two stage functional approach. The necessity of performing clinical evaluations raises important ethical issues as well. From this we can surmise that a morally correct course of action may involve two opposing principles being applicable in any one situation. I liked the several legal case examples cited by the authors. Although mental health and substance use disorders are the leading cause of disability worldwide , World Health Organization (WHO) statistics from 2014 indicate that the median number of practicing psychiatrists worldwide is 0.1 per 10,000 people . Anita presented with a laceration to the inside of her thigh which was deep enough to expose the adipose tissue beneath, however was not deemed by the medical staff to be life threatening. The Gibbs(1988) reflection model will be used to guide the discussion. This approach was agreed in collaboration with Anita and the wider team as a way of her taking responsibility for her own decisions and actions. Finally, a video program to fulfill your legal and ethical CE requirements that is not only indispensable for daily practice, but also engaging, entertaining and informative. When nurses experience the ethical dilemma of having to enforce treatment irrespective of a patient’s right to autonomy, they can be seen as working in a paternalistic manner (Butts & Rich 2008). Company Registration No: 4964706. Being a sound mental health professional entails that the individual be competent, practice her profession with integrity, be aware of her limitations, respect the dignity of the client, and understand the do’s and don’ts of practice from an ethics perspective. Beneficence can be seen as actions to benefit and promote the welfare of others (Butts & Rich 2008). (Example: a study of volunteer soldiers who were injected with blood infected with the virus that transmits yellow fever.) Using the application of the Mental Capacity Act (MCA) (Great Britain (GB) 2005) and an established model for ethical decision making, we will look at how the decision of whether or not to enforce treatment for the wound was formulated and implemented. Editors of the book have distinguished academic backgrounds. In mental health nursing, autonomy is sometimes overridden in the interests of promoting the principle of beneficence (Lakeman 2009). Self-harm has been strongly associated with borderline personality disorder (Motz 2008) where thoughts of self-loathing and self-punishment are common precipitators; the act of self harm can be seen as a symptom of internal turmoil, an expression of internal pain or as controlling factor to maintain a level of care (Grocutt 2009). Which can make the nurses ethical dilemma difficult to manage due to balancing the two valid ethical principles of autonomy (respecting and supporting decisions making) and beneficence (relieving or minimising harm in the best interest of the patient) (Hendrick 2004, Beauchamp & Childress 2009). Staff explained to Anita that the wound was deep enough to require stitching although not life threatening and advised her that she would need to attend the minor injuries unit of the local general hospital for assessment of the wound. We've received widespread press coverage since 2003, Your NursingAnswers.net purchase is secure and we're rated 4.4/5 on reviews.co.uk. This relationship is built upon trust as well as purposeful and effective communication (Buka 2008) and is considered to be the cornerstone of nursing care (Lakeman 2009, Pryjmachuk 2011).Therefore the nurses would need to consider future risk as part of the ethical decision making process. with the challenge of making difficult decisions regarding good and evil or life and death. However this may not feel entirely comfortable for the nurse. A paternalistic approach is frequently used to infringe upon a person’s right to autonomy. Learn vocabulary, terms, and more with flashcards, games, and other study tools. The NMC Code of Professional Conduct is clear in stating that nurses have an obligation to both protect and promote the “health and wellbeing” of patients as their primary consideration (NMC 2008:2) and this is no different for mental health nurses working with patients who self-harm. As such the therapeutic session concentrated on exploring her feelings surrounding her impulses, alternative coping mechanisms to manage her thoughts of self-harm and strategies to help maintain her safety upon the ward. Of particular importance are ethical and legal issues that affect counseling, along with professional considerations such as community counselor identity, relationships with other mental health professionals, credentialing of mental health professionals, and managed care and third-party reimbursement. Health care professionals continually face ethical and legal issues in the workplace, putting them at risk for burnout. To achieve this aim the author will examine a case study of a patient whose care he was involved with whilst in placement. $59.95 hard cover; $39.95 soft cover. The chapter on privacy and confidentiality discusses situations in which communication must be disclosed and instances in which information may be disclosed to third parties. Ethical and Legal Issues for Mental Health Professionals: A Comprehensive Handbook of Principles and Standards Edited by Steven F. Bucky, PhD, Joanne E. Callan, PhD, and George Stricker, PhD. No plagiarism, guaranteed! The discussion will also consider the legal, ethical and professional issues surrounding covert medication. This assignment aims to critically appraise an ethical conflict in relation to the care provided to a patient. Any decision made from this ethical viewpoint has a higher probability of producing the best outcome under any given circumstance. As Anita was still refusing to have the wound sutured the RC decided that an assessment would need to be carried out to ascertain whether Anita had the capacity to decide to refuse treatment. Ethical and Legal Issues for Mental Health Professionals: A Comprehensive Handbook of Principles and Standards, Journal of the American Academy of Psychiatry and the Law Online, Mild Traumatic Brain Injury and Postconcussion Syndrome: The New Evidence Base for Diagnosis and Treatment, Assessment of Malingered Neuropsychological Deficits, Trials of a Forensic Psychologist: A Casebook, by The American Academy of Psychiatry and the Law, American Academy of Psychiatry and the Law. The remainder of this chapter focuses on health care issues and planning for health decisions. Free resources to assist you with your nursing studies! This article will examine some of the ethical and legal issues correctional nurses must address in their practice. Journal of the American Academy of Psychiatry and the Law Online … Ethical decision-making model (s) Nuances of rural ethics. 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