Discuss the legal concepts of consent, assault and battery.You have had six clients come in for care today one of whom is Mrs Jocelyn Davis.She is a regular client at the Respite Centre and has been diagnosed with moderatedementia.
Law and Ethics – Nursing
You are working as an EEN at Sunnyside Day Respite Centre on a morning shift.
You have had six clients come in for care today one of whom is Mrs Jocelyn Davis.She is a regular client at the Respite Centre and has been diagnosed with moderatedementia.At 1030 hours Mrs Davis becomes agitated and begins to wander around theRespite Centre. The Registered Nurse in charge of the shift, RN Jolie, tells you torestrain Mrs Davis in her chair with a lap restraint. You are not certain that Mrs Davisneeds to be restrained and you question RN Jolie’s order. RN Jolie becomesannoyed at your question and tries to restrain Mrs Davis herself.Mrs Davis verbally objects to being restrained and attempts to undo the restraint. Inthe process her chair tips over, she hits her head on the floor and losesconsciousness. While RN Jolie attends to Mrs Davis you call the ambulance.After Mrs Davis is taken to hospital RN Jolie tells you to say that Mrs Davis wasfound after she had falle n and hit her head if anyone asks you about what happenedto her. RN Jolie also tells you not to say anything about restraining Mrs Davis as youwill both get into trouble. You feel uncomfortable about this but she is yourRegistered Nurse so you say nothi ng.Mrs Davis dies in hospital two days later. The Coroner has been notified by thehospital and her death is to be investigated by the Coroner’s Court.When you hear about what is to happen following Mrs Davis’ death you are unsureand become worried about what you should do now.1. Discuss the following legal and professional issues in relation to this CaseStudy:• Consent, restraint, assault and battery• Duty of care, negligence and vicarious liability• Scope of practice (the legal and professional boundaries imposed uponyou as a nurse)• Advocacy (the nurse’s role as an advocate for the client)• Documentation• Open disclosure• The Coroner2. Discuss the following ethical and professional issues in relation to this CaseStudy:• How would you respond to RN Jolie when she tells you to lie aboutwhat happened to Mrs Davis• What are your responsibilities in this situation and what should you doto stay within the boundaries of professional nursing practiceI n this section, you need to choose an ethical decision -making model anddiscuss how you would use it to help you to make a decision about how torespond to the RNs request to lie, and to outline what your professionalresponsibilities would be in this situ ation.There are a number of different decision -making models (see Topic 7 of youronline resource “Models for Decision Making”), but the DECIDE model isrecommended for novice nurses (and therefore student nurses), according toAllen, Chapman, Francis and O’Connor (2008). However, all decision-makingmodels serve the same purpose: to provide a process through which a personcan examine, and reflect on, all the aspects of an ethical dilemma, so thatthey can make a decision.
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