Informed Consent Or Doctor Knows Best? Legal Issues In Nursing

1082 words - 4 pages

Informed consent or doctor knows best?In nowadays world, legal issues form an integral part of society when decisions need to be made. According to Johnstone (1995), the action role of legal support is done by reassuring the patients about their right and responsibility in making their own choices and also by reassuring them that they should not give themselves to pressure done by others in doing actions which are not wanted.Informed consent in decision making has become an important aspect. In fact informed consent is when a person gives his agreement to a decision, like for example consent for an operation, but this must follow a good description of what will be done and how and the person must clearly understand well all issues before agreeing to give consent. Also, some acts legally cannot be carried out because of the lack of informed consent. (Wikipedia, 2007) When a person does not have the mental abilities to give consent, either because s/he is too young to understand the information or if the person is mentally ill, consent should be obtained from the next of kin on the person's behalf. However informed consent has also some limits. According to O'Neill (2003), there are a lot of distinct conceptions of individual autonomy in informed consent. Consent is a propositional attitude and therefore complete specific consent is an illusion.Some years earlier, according to Chin (2002), physicians have been allowed to interfere with patient's decisions with the objective of ensuring patient benefit and preventing harm. However with the influence of freedom and individual control, medical paternalism is no longer used as the dominant way of decision-making in health care. Nowadays, the principle of autonomy and self determination is the leading issue in health care, threatening in many instances the principle of medical beneficence (Chin, 2002).The change from medical paternalism to patient autonomy can be clearly seen when comparing two articles of the American Medical Association one dating 1847 and stating that obedience to prescriptions by patients should be prompt and implicit; and the other one dating 1990 stating otherwise, that the patient has the right to decide regarding his health as recommended by his/her physician.There have are many articles arguing the fact that medical paternalism should be avoided. Tan NHSS (2002) rejects the validity of medical paternalism by putting in front a real life example of paternalism where a doctor declares a patient unsound solely on the grounds of non-compliance. The disqualification of a patient, he argues, should not be so recklessly determined. Emanuel and Emanuel (1992) in their informative model, relegate the role of the physician to that of a technical specialist who only provides the patient with information, letting him decide on his own. This model is problematic in a clinical setting, putting many questionable assumptions as it assumes that the physician's role in a medical encounter is...

Find Another Essay On Informed consent or doctor knows best? Legal issues in Nursing

Contemporary Issues in Nursing Essay

1659 words - 7 pages felt they made decisions about patient care and were able toplan his or her workday to meet their patient's needs. Many feel now, that the regulation is a"numbers game". (Leighty, J., 2005). Some hospitals may look to cut costs to keep up with thecost of the ratio laws. They may look to decrease other personnel such as unlicensed caregivers,ward clerks, transporters and housekeepers. This could make nursing jobs in the hospital lessappealing to RNs

What works best in terms of translating statistical data on health risks into information patients can use to make informed decisions about treatment or non-treatment?

1269 words - 5 pages The increase in patient involvement in decision making regarding their own health in recent years have led to relevant changes in doctor-patient communication. Doctors need to start accepting the increased involvement of patients and engage in shared decision making instead of adopting the autonomous role (Godolphin, 2003). Risk communication is one way of providing more information to enable patients to make confident risk-relevant decisions

Technology: Legal Issues In Australia

1092 words - 4 pages creative material have an automatic right not to have this material copied or used by others for profit or for gain. This means that people who make copies of TV programs, movies, songs or articles may be committing a crime. Exemptions apply for fair copying of material used for critical review or educational purposes. In 2006, this Act was amended to also exempt the temporary taping of a TV program to watch later and copying from a legal copy of

Legal Issues In The Workplace

1486 words - 6 pages , companies may be perpetuating or even creating barriers to fully leveraging their human capital. Organizations can begin the process of removing these barriers by assessing the Human Resources function and its alignment with business objectives” (Wert & Liwanag , 2002). This paper will make a case for having HR report to the CEO. In order to do so the author will describe the relationship between HR strategies and business strategies. Examples

Staffing Issues in Nursing: Annotated Bibliography

1008 words - 4 pages that these results can't be easily extrapolated to other areas of the hospital, where infection risks are lower, but nursing staff are not trained to be as vigilant in preventing infection. Huston, C. J. (2005). Professional Issues in Nursing : Challenges & Opportunities (). New York: Lippincott Williams & Wilkins. This book provides an overview of issues nurses face today within the profession. It explores many topics – some logistical, like

Legal and Ethical Issues in School Counseling

1735 words - 7 pages . Whatever the decision is, it is essential to document all relevant data that contributes to the decision making process. One never knows when a legal dispute may arise or when school administration has to discuss particulars involving students. The documentation and data are key to understanding the decisions made. In regards to the Woodlock v. Orange case, I can’t help but think what could have made this situation different. In my opinion

Legal Issues in Reduction of Workforce Simulation

1555 words - 6 pages Legal Issues PAGE 2 Legal Issues in Reduction of Workforce SimulationUniversity of PhoenixLegal Issues in Reduction of WorkforceThe business world today demonstrates an increase of companies downsizing, restructuring or laying off personnel. Some factors that contribute to this are business stipulations, financial issues, organizational invention, continuing, and other miscellaneous items. "In the first quarter of 2007, there were 965 mass

Legal Issues in Reduction of Workforce Paper

1630 words - 7 pages were revised in order to make a decision that provides the best outcome for the company. These areas include job performance, productivity, expected special responsibility to work, academic training, absenteeism and so on.The length of service, an employee at the organization, should play an important role in decision-making for a reduction in the workforce. However, this term should be considered together with the skill level of the employee. An

Legal Issues in Reduction of Workforce Simulation: Fast Serve Inc

2357 words - 9 pages Legal Issues in Reduction of Workforce SimulationUniversity of PhoenixJuliet D. HollinJuly 24, 2007IntroductionFast Serve, Inc is a 25 million company, consisting of 350 employees, involved in direct marketing of branded sports apparel. The company has developed two websites that will allow them to increase in assets. Since, the online industry was not successful, Fast Serve, Inc, is to downsize. As a manager of Fast Serve, Inc. the viewer has

Social, Ethical, and Legal Issues in Computer Graphics

1746 words - 7 pages being so large is that it used vacuum tubes to process data. It also broke down very often...to the tune of once every fifteen minutes, and then it would take 15 minutes to locate the problem and fix it. This beast also used massive amount of power, and people used to joke that the lights would dim in the city of origin whenever the computer was used.Social, Ethical, and Legal Issues in Computer GraphicsRecognizing the importance of computer

Legal Issues in Accounting-- duty of good faith

3144 words - 13 pages reference to honest men adds little.' --Johan SteynEnglish law generally involves 'adopting an external standard given life by using the concept of the reasonable man' . The commercial advantage of this approach as Johan Steyn seen is that it 'promotes certainty and predictability in the resolution of contractual disputes' . My paper is going to cite the case 'Waltons v Maher'(1988) to examine how this approach is actually in accordance with the legal

Similar Essays

Legal Issues In Nursing For Bsn. Case Study

1152 words - 5 pages , tachycardia, anxiety, and confusion may ensue. It is the nurse's responsibility to observe, evaluate, and document the patient's condition. In the emergency department, the nurse is the member of the health-care team who has the greatest contact with the patient. Any significant change in the patient's condition, based upon nursing observation, must be promptly communicated to the physician.The nurse should have informed the physician promptly of the

Legal Issues Case Study For Nursing

1069 words - 4 pages Legal Issues Case Study for Nursing Case 2 Nursing Situation: Cindy Black (fictitious name), a four-year-old child with wheezing, was brought into the emergency room by her mother for treatment at XYZ (fictitious name) hospital at 9:12 p.m. on Friday, May 13. Initial triage assessment revealed that Cindy was suffering from a sore throat, wheezing bilaterally throughout all lung fields, seal-like cough, shortness of breath (SOB), bilateral ear

Informed Consent In Healthcare Essay

1828 words - 7 pages would disclose to the patient in similar circumstances but again, fails to be overt. (Paterick, Carson et al,2008) Informed consent related to laboratory testing or radiology procedures and their results has its own set of issues. A doctor is required by law to judiciously discuss the benefits, risks and limitations of the test or procedure being recommended. However the risk of lawsuits remains. The patient after receiving a serious diagnosis can

Informed Consent In Canada Essay

1753 words - 7 pages status of informed consent as a fundamental principle of ethical research involving human subjects are consequentialist ones and nonconsequentialist ones.Consequentialist reasons are grounded in the conviction that the action with the best overall expected consequences is, generally, the action we ought to take. In contrast, nonconsequentialist reasons for adopting a principle of informed consent are grounded in intrinsic qualities of persons or