similarities between legal and ethical frameworks in aged care

Your email address will not be published. The definition of legal standards is a law, rule, regulation, code, administrative order, court order, court order, court order, court order, court order, court decision, authoritative judgment, governmental decision or legally binding agreement with a competent government. That's an ethical standard. The tab key will take you to the next focusable element after the navigation. Designed and Developed by, What Are the Similarities and Differences between Legal and Ethical Frameworks. f. Both law and Ethics work hand in glove to establish a moral boundary for all people in the society. Healthcare teams can improve patient autonomy by promoting supported decision-making. f. Law is usually written, while Ethics is not usually in written form. Let's review. No plagiarism, guaranteed! - Techniques & Process. Component 2: A belief about the nature of However, there exist a line of difference between Law and Ethics. f. Law is usually written, while Ethics is not usually in written form. End-of-life treatment decisions involving multiple stakeholders are very likely to involve multiple ethical and moral concerns. Copyright ACTIL HUB 2022. Use these questions to stimulate in-depth discussion and reflection on these concepts. Andrew now lives in a residential aged care facility for dementia care, he appears content and in two weeks he will be attending his sons wedding. Similarities Differences Both law and ethics are based on moral values of the society Legal guidelines View the full answer Transcribed image text: 5. Ethical standards exist for the same reason. - Definition & Laws, What Is Needs Assessment? His wife Lucy is his support person and will be his substitute decision-maker (when he is deemed to have lost decision-making capacity). These two concepts (law and ethics) are closely related, as they both have the end product of preventing illegal or immoral acts in society. Create your account. g. They both mediate our inter-personal relationship and transactions with others. Summary: 1. Anything that is immoral is considered unethical or not ethical. For example, in the U.S., it is the societal norm to wait in line. For example, the emergency physician might already have had to make a similar decision about providing or not providing clinically indicated care to someone that has an advance care directive refusing treatment. Crisp, J., Taylor, C., Douglas, C., & Rebeiro, G. They may have different beliefs regarding the benefits and validity of advance care planning and advance care directives. Of course, a physician who has been exonerated from a criminal charge in the eyes of the law may have still been guilty and been ethically irresponsible. The law is described as a set of rules and regulations created by the government to govern society as a whole. While it may be ethical to denounce such activity, doing so may violate organizational policies . Legal standards are standards that are set forth in governmental laws. In business, ethics and legality are often even more intertwined than they are for the average person. Queensland Government. Do you think that a person who lived under one legal standard should be forced to submit to a new legal standard after it has changed? If you need assistance with writing your nursing essay, our professional nursing essay writing service is here to help! Ethics and law are closely intertwined as they both have a focus on right and wrong, preventing immoral acts and on creating rules for trade groups such as doctors and social workers. VICARIOUS LIABILITY Is a form of secondary liability that is common law in which a secondary party in which a senior healthcare worker can be held accountable for directing a junior healthcare worker to perform a duty that has caused harm to a patient. Call us now with your advance care planning questions, 9am - 5pm (AEST / AEDT) Monday to Friday. The outcome of events which resulted in the death of the patient while in the care of a healthcare facility, both the RN and EEN as well as the employer of both parties are accountable for the actions and events that led to the devastating event to occur. Retrieved from http://www.safetyandquality.gov.au/wp-content/uploads/2013/05/SAQ083_Patient_guide_OPEN_DISCLOSURE_INTERNALS_V5.pdf, Australian Nursing Federation. Plus, get practice tests, quizzes, and personalized coaching to help you A parent who is not spending time with his or her children could be considered ethically irresponsible as the children have a right to spend time with their parent. The department of Health and Ageing 2005 identified a high level of restraint usage in Australian nursing homes. This includes: The right to work on an equal basis to others; Legal is based on law on contrary ethical standards are based on moral values. It is a set of basic concepts and principles of an ideal human character. In relation to Mrs. Davis her death would be considered a reportable death, as it was accidental, unexpected and sudden whilst in the care of a healthcare facility. Advance care directives should be enacted only when an individual cannot make decisions for themselves. 2.2 Explain the main elements of one recognised ethical framework for counselling and psychotherapy. Compare and Contrast two ethical theories. The unit CHCLEG001 - Work Legally and Ethically describes the skills and knowledge required to identify and work within the legal and ethical frameworks that apply to an individual job role. Yet another example of the difference between laws and ethics can be seen in interpersonal relationships. The coroner will evaluate all the events that led to the patient dying he will evaluate the legal and ethical issues in the case study he will draw on all the facts to come to a conclusion and accountability of the nursing home the RN and EEN which may led to criminal charges in this case. Laws are rules developed by governments in order to provide balance in society and protection to its citizens. All rights reserved. We use cookies to enhance your experience. Finally, with regards to its formation, Law is made by Lawyers, Legislature or other administrative agencies. In the directive, Andrew documented instructions to refuse cardiopulmonary resuscitation, assisted ventilation, artificial hydration, artificial nutrition and antibiotics. By continuing to visit this site you agree to our use of cookies. He does not want to become someone that no one recognizes and he has grieved that he is unlikely to see his children marry. Its like a teacher waved a magic wand and did the work for me. By ethics, we mean the branch of moral philosophy that guides people on what is good or bad. It is the nurses duty to advocate for patient safety and patient rights. Encourage individuals to make their wishes known when they cannot speak for themselves by uploading their advance care directives and other advance care planning documents to their My Health Record. It also involves important questions of whether the individual still retains some decision-making capacity, albeit diminished. Retrieved from: http://anf.org.au/documents/reports/compstandards_nursesingp.pdf. The answers to these questions often depend on whether Andrew is deemed to retain some decision-making capacity or whether he is deemed to have lost all decision-making capacity. Due to the high level of restraint usage it is now regulated in all healthcare facilities. Potter & Perrys fundamentals of nursing (4th ed.). A Legal Framework - A Legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case (for early childhood NQF - National Regulations and Law). (Forrester & Griffiths,2010). But in its focus on relationships rather than dispositions of individuals, the ethics of care is, I argue, distinct (Held, 2005, p. 4. There is no mention in the case study that there is a restraint authorization from a medical doctor or any family members. Physicians who feel that a law forces them to be unethical must work within the legal world to change the law. a) Similarities Both are formed according to making decisions about support matters containing the way organisational policies and procedures are created in a support facility. Violating laws will send a person to jail or give a person fines. Do you have a 2:1 degree or higher in nursing or healthcare? Violations of ethical standards may result in fines, exclusions or other sanctions for the appropriate counsel. Ethical individuals often find themselves as a party of one. Part 1: Ethical and legal requirements for direct client careBriefly explain how the following legal and ethical considerations are applied in organisations providing care services: Guidance: Provide examples where necessary e.g. CONSENT - there are three types of consent, implied consent (non verbal), verbal consent and written consent. 4.10 In Australia, the key sources of lawyers' professional responsibilities are general law, statute and professional rulessometimes collectively referred to as the 'law of lawyering'. Laws on diversity and discrimination also apply to aged care. Advance care directives should explicitly address the conflict between past directive and present interests. Legal standards are those standards that are set forth in governmental laws. In conclusion this case study illuminates the ethical and legal issues faced by healthcare professionals in healthcare facilities weather it is a hospital or a nursing home when adverse events happen. OPEN DISCLOSURE is defined as a open discussion of incidents that has resulted in harm to a patient whilst in the care of an healthcare facility with family, carers and other support persons of the patient. A parent who does not spend time with their children could be considered ethically irresponsible, as children have the right to spend time with their parents. The idea that everyone is equal before law is derived from the value that human are born equal. Recommended: Differences between Morality and Ethics. Most ethical companies aim to develop the moral courage, moral beliefs, and moral efficacy of their employees. More dazzling and informative articles can be found in this blog. - Purpose, Importance & Relationship to Business, What Is GAAP? Some would suggest that Andrew is no longer the person he was when he wrote his advance care directive, that his identity has changed and he is entitled to current preferences and desires. There are thousands of Australian non-government organisations all with their own boards of management. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. If a patient is restrained unlawfully and with out consent there could be a claim of false imprisonment. Notify me of follow-up comments by email. This means the individual's past desires previously expressed in an advance care directive versus their current interests. 2009-2023 Aussie Childcare Network Pty Ltd. All Rights Reserved. The terms legal and ethical are often used in the same context in relation to social problems and situations; Both words can be applied in almost any situation, private or public, even in the field of professions. Ethical standards exist for the same reason. Ethical decisions can be approached in a three stage process: identify the facts that are relevant to the specific case; interpret and apply appropriate ethical values to those facts; and compare the situation with other similar situations to find ethically relevant similarities or differences. Maria has taught University level psychology and mathematics courses for over 20 years. There are other related forms of legal such as: post-legal, pseudo-legal, quasi-legal, pre-legal, etc. ( Forrester & Griffiths,2010). - Definition & Examples, What is Outsourcing? Both legal and ethical standards are rules and principles that people of the same society are familiar with. "Legal" can apply to a more widespread scope, while "ethical" applies on an individual basis. Essentials of law for health professionals (3rd ed.). Ethical and legal issues, being two kinds of issues that are often brought up especially in organizations, are two terms that often clash with one another and at the same time working with one another on different occasions, as well. In the financial field, they should ensure credibility and transparency in accordance with established standards of conduct. Sydney, Australia: Elsevier Australia. Related Party Transactions: Definition & Examples, Market Capitalization: Definition & Formula, Time-Weighted Rate of Return: Definition & Formula, Risk-Adjusted Return: Definition & Formula, Floating Exchange Rate: Definition & Examples, What is Cost Saving? Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or. The main difference between legal compliance and ethical responsibility is that the legal compliance is bound to obey whereas the ethical responsibility is a choice. - Definition & Benefits, What is Payroll Tax? However, in another country, this is not the case. Although there is a relationship between the two, the concepts are not interchangeable. Amy has a master's degree in secondary education and has been teaching math for over 9 years. I highly recommend you use this site! These two terms ( Law and Ethics) are closely related as they both have the end product of preventing illegal or immoral acts in the Society. We do not judge, we accept people as they are, and support their rights, their dignity and their choices. Aside from the nature of both concepts, there is also a difference in how they are applied. d. Law requires Enforcement through Regulatory bodies and Enforcement agencies, while Ethics does not require any enforcement through Enforcement agencies. 13 chapters | However, he has recently developed a chest infection and requires intravenous hydration and antibiotics. Often individuals receive care from a multidisciplinary team that may have varying knowledge and understanding of advance care planning. Implementing legal frameworks for advance care planning and end-of-life care is problematic because ethical and moral issues are relevant factors in medical treatment decision-making. Ethics and legal have different meanings, although both aim to ensure that people live well.