Highlights
Task:
Using the Legal and Ethical Decision-Making Framework (The L & E Framework). Some questions answered Please use the template provided for Task 2 and only include the headings provided within it. Please note that students are not expected to use the headings from the L & E Framework within their response to each case. These are used as a guide to address each case. Below is consideration on how the framework is used to assist students in addressing the assessments for NUR222. Note: Chapter 2 in Ethics, law and health care: a guide for nurses and midwives (McDonald & Then 2019) provides a clear breakdown of this framework.
Step one- identify the issues and collect information This is a clear first step. Students need to establish the problem (s) the parties involved (remember the organisation or employer should also be considered due to the potential implication of vicarious liability). Gain the information (this is what would happen in a real-world situation, gathered from all parties involved, e.g. patient, family health professional(s). For the assessment information is obtained from the case study.
Step two- Evaluate the issues. This is where legal and ethical evaluation of the issues is explored, going to NMBA or ICN, ICM, AHPRA or NMBA codes and standards as well as applicable legislation and case law. What do they say? When students respond in their assessment writing the principles in full is not required (uses up lots of words at the expense of other case discussion), however, it should be clear to the reader which principles and sections they have identified. (Have a look at the HD example from a few years ago to see how this might look).
Step three – Action what to do in practice Options can be identified, there may be more than one. What is the justification for these options? In the real-world case conferencing is often used to explore these as there may be differing viewpoints and where the issue pertains to a patient their views should also be included and consultation on viable options should always be included wherever possible. Remember that we also have a duty to advocate for our patients/clients and families may also do this. Step four- Implement (these last two sections would be linked to the reflection in task 2 as this is what you would decide to do based on your personal values and ethics and your past experience in dealing with a stressful situation).
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