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  • Subject Name : Health and Well Being

Legal and Ethical Considerations for Client Wellbeing

Contents

Part 1

Part 2

Part 3

Part 4

Part 5

Part 6

Part 7

Part 8

Part 9

Part 10

Part 11

Part 12

References

Part 1

  • Codes of Practice are those rules that prescribe how one should behave when he is performing his professional duties. It is applied by helping people comply with the legal health rules.

  • People can work in any profession without facing any discrimination based on gender, religion, caste, race or age. It is applied by making laws that prohibit any kind of discrimination.

  • Dignity of risk is the concept of allowing a person to take reasonable risks to gain experience in order to grow as a human being. It is applied by preventing over-protection.

  • Duty of care is that consideration that forbids any person/organization providing service from doing something that can harm his/its client. It is applied by law and through training Nolan, D. (2013).

  • Human rights are the rights of individuals irrespective of caste, gender or race to live, talk, work, learn freely. It is applied by enforcing the constitution and law and sometimes by force.

  • Informed consent is the consent that a patient gives before a medical procedure after knowing about its benefits and risks. This consent is taken by means of legal contract.

  • Child care or other kinds of licensed care workers are mandated to report to authorities whenever they have reasonable suspicion that a child has been abused. It is applied by law.

  • Practice standards are those guidelines that a healthcare worker needs to follow to be called a competent nurse or caregiver. It is applied by making the workers follow the guidelines.

  • Privacy, confidentiality and disclosure is the legal regulation that prohibits healthcare personnel from disclosing patient records. It is applied by enforcing appropriate safeguards to protect the patient data Ibrahim, J. E. (2020).

  • Policy frameworks are those guidelines based on which the company takes decisions and makes rules that steer it in the intended direction. It is applied by ensuring that the decisions taken are in line with the long term policy.

  • Records management is the task of storing the records related to the organization and its clients in an organized way. It is applied by using the best practices of the back-office management.

  • Rights and responsibilities are those regulations that tell the duties of and expectations from employers and employees. It is applied by following safety, labor and human rights and other regulations.

  • Workplace boundaries tell the employees what they have to do, who to report to and what they are not allowed to do. It is applied by enforcing rules regarding the dos and don'ts.

  • Work health and safety are those rules and procedures that help employees avoid any kind of workplace hazards. It is applied by providing information, training, instruction and supervision to the employees Woolford (2020).

Part 2

Social wellbeing is the healthy social relation that one maintains with people around him, his neighbors, his family members, colleagues, bosses. It also means that the place where he is living is devoid of any political, religious, economic, environmental problems.

Emotional wellbeing is the general feeling of being satisfied with life. An emotionally healthy person has no issues with her neighbors, she has a great job, she is economically stable, she has meaningful relationships, When stress comes she can handle it without getting depressed or frustrated.

Physical wellbeing is that state when a person is physically healthy, strong. He has no severe illness. He is capable of performing his daily duties and his cupboard is not filled with medicines. Physical wellbeing is directly connected to emotional wellbeing Krumholz, H. M. (2010).

Cognitive well being is the ability to think clearly, construct thoughts coherently, listen to other people without getting lost. It also includes the ability to express one’s thoughts smoothly. This is also closely connected with emotional as well physical wellbeing.

Cultural wellbeing is the ability or freedom to take part in cultural activities. A person with cultural wellbeing has the time and ability to practice his own culture. He has the full freedom to belong to his cultural community.

Spiritual well being is one’s ability to look beyond the usual earthly existence. A spiritually well person can delve deeper into his mind. He can find peace with his failures, with his enemies and even with death. He searches for the truth. He is tolerant, He loves every living being Bugeja, L. (2020).

When a person is blessed enough to experience all the above well-beings, we can say that she has achieved holistic wellbeing. However, a person can use spiritual wellbeing to attain holistic wellbeing even if he does not enjoy other kinds of wellbeing.

Part 3

The fact that the lack of social wellbeing is quite detrimental to mental health can easily be proved by showing how people are getting depressed because of the worldwide lockdown to counter the spread of Coronavirus. Lack of social well being leads to loneliness. Loneliness is a powerful trigger for depression and a feeling of emptiness Coyer, F. (2014). If one cannot share his failures, celebrate his successes with others, if one has nobody to talk to then his emotional growth will be stunted. Similarly, if a person’s neighbor is quarrelsome, if the person has to experience social and political strafes with nobody to smile upon, he is effectively living in a social hell. Man is a social being. In order to function properly, he must mingle with his fellow human beings. Today’s microscopic family does not even give anybody the chance to talk to his family members even if there is nobody to talk to outside. No wonder the number of depressed people is increasing day by day.

Lack of emotional being leads to a feeling of emptiness. An otherwise well-off person can never feel satisfied if he is not emotionally well. Traditionally, doctors have tried to find out the reasons for the lack of emotional well being. Traumatic childhood, economic instability, lack of job, not being able to protect his near ones, incompatible family members, societal pressure, bullying, physical abuse and a host of other negative experiences can cause a person to be sad, depressed and even suicidal. However, a person can lose emotional stability without any reason. In both of the cases the person can feel isolated and depressed. An emotionally unwell person cannot perform well socially O'Connel (2014). This leads to further isolation. Oftentimes that person will believe that it is she who is to be blamed. She can develop suicidal thoughts. Again, there are many mental health issues like schizophrenia, clinical depression or bipolar disorder that can cause a person to be socially distant. An emotionally unwell person can harm himself or others. Life gets meaningless to an emotionally ill person.

Part 4

Physical -

Evidence based physical support is the area of study and research which involves formulating healthcare decisions based on the best-possible evidence till date. This study, research and decision must include patient-related or healthcare-related ethics and clinical research and experience.

  • An evidence based healthcare personnel must provide healthcare support based on scientific research.

  • At the same time, this support must be clinically justifiable.

Lastly the patient should also have a say in the medical procedures as far as his comfort, discomfort, consent are concerned Calleja, P., (2011).

This kind of support is extremely effective because not only it stands on the shoulders of already established clinical values, it also takes into account latest research. At the same the patient is also consulted and made aware of the steps to be taken to cure him.

Social -

We all know social support works. Governments continually set up counseling rooms in hospitals, there are many toll free phone numbers that one can dial if one feels the need to talk to somebody. That social support works can be proven by showing the success of social media websites Forrest, L. (2011).

However, social support can be further enhanced when we add evidence based research to it. Evidence based social support will help organizations and people fine-tune their support procedures. It can reveal what works in what situation. An article on Psychology Today beautifully shows that - A group of Canadian researchers provided evidence that shows having a strong social support group helps one to continue his fitness goals. For example, their evidence based research shows that giving practical support to somebody like a ride to the gym or gifting exercise gears will not help him start his regime. But this tactic can help him continue his regime Slade, S. (2013).

Emotional -

Evidence based emotional support means providing emotional support that is not only clinically sanctioned but it is also backed by the latest evidence based research. Certain characteristics of the lack of emotional wellbeing that was hitherto unknown have now been known because of the evidence based research, For example, stress makes people more open to receive emotional support - a research study published on EurekAlert revealed. This information can be of great help to emotional support workers Weller, C., (2020). They might induce artificial stress ( to a safe level) to a patient so that she can be more open to receiving emotional support. There are several researches that confirm that petting animals can prove to be a wonderful way to get rid of depression. Earlier it was only felt. But now clinicians have evidence to support this claim. Hence they can now advise their patients to get a dog.

Cultural/Spiritual -

Providing evidence based cultural support means that the healthcare professional is aware of the person’s continuously evolving culture. Culturally educated clinical support can help a patient receive treatment in a wholesome way. For example, now that we know, thanks to the countless research, that aboriginal people suffer from chronic illnesses. A simple case of cough and cold could turn into pneumonia in the future. A clinician who is aware of the evidence based research will treat the cough and cold with great attention. Evidence based spiritual support can do wonders in palliative care Gardner, G(2014).

Part 5

The onset of a new disease or ill-effect as a result of the treatment of an existing disease is called the iatrogenic effect. In case of mental health patients, the usage of psychotropic medications can induce some undesired outcomes in the patients. The over eagerness of the psychiatrists to prescribe drugs to give patients short term relief is actually harming them. For example, if a patient who is suffering from depression is given SSRI, he will be experiencing much severe depression once he stops taking the medicine. The iatrogenic effects of Ritalin, Lithium and Benzodiazepines are bipolar disorder, learning impairment and addiction respectively. Ironically, the medicines that are supposed to cure the mental illness are the reasons behind them. Resultantly, the mental health patient never returns to normal life. They fail to function properly because of these medicines.

Part 6

Nutrition - A human body needs proper and balanced nutrients to function properly. Lack of nutrients can lead to weakness, impaired function and can result in emotional instability. Nutrition also protects the body from viruses and diseases.

Exercise - Exercise keeps the body in shape. It prevents obesity, high blood pressure, diabetes, and a host of other diseases. Our lifestyle is becoming increasingly sedentary. Daily 10 minutes of exercise can keep both our body and mind healthy.

Food Security/Insecurity - A person needs regular food to stay strong and healthy. It is one of the basic necessities. Thus food security is of utmost importance. Food insecurity means irregular supply of food due to monetary problems. This can lead to weakness and compromised immunity. A person who is not sure if he will get food or not cannot function properly emotionally Prinsloo, P., (2013).

Self-care Style Opportunities And Information - Self-care includes improving hygiene, looking good, wearing good dress, eating nutritious food and doing exercise. This can go a long way in supporting our physical health and social well being.

Oral Health- Oral hygiene is connected with many aspects of the body. Bad oral hygiene can lead to diabetes. It can also impair our social well being.

Comprehensive Health Checks - in the initial days many diseases like cancer, Blood Pressure and even Covid 19 hide for a long time in your body before becoming a severe problem. In order to nip these diseases in the bud early detection is necessary and thus we need comprehensive health checks.

Access To Healthcare Services And Natural Support and Resources - This is extremely necessary to get rid of any illness and infection. Natural therapies and resources can help us take a holistic approach to our healthcare.

Sexual Health Strategies - Sexual health strategies are necessary to protect against unwanted pregnancies, STIs and to keep our society safe by encouraging open sexual expression.

Part 7

The aspects of social well being include -

  1. Social contact

  2. Community

  3. Sports

  4. Hobby groups

  5. Public events

  6. Social support groups

Public events provide a great way to meet with likeminded people. If a person loves paintings, he can go to any painting exhibition and can mingle with people having the same interest Foscarini, F. (2010).

Part 8

  • Ability to self care can be the first step towards emotional well being. The realization that a failure is not the end of the world, or the maturity of letting go of somebody who is not interested can go a long way in preventing depression and sadness. One can use spirituality to understand her inner workings of the mind. This can help her clear foggy thoughts. Keeping a calm mind and a positive attitude can lead a person from darkness to light.

However, care should be taken to know when to seek help. There are certain times when one cannot solve emotional problems one’s own. In that case, one has to seek professional help Trefalt, Š. (2013).

  • A quality support system can help one deal with the ups and downs of life in a balanced way. The opportunity to share negative thoughts with a group of people whom one can trust and depend one, can go a long way in helping the person come out of depression. Human beings are social beings and talking to likeminded people can lift the spirit up. When the road ahead seems dark, a support group can help one prevent losing direction in life.

  • Healthy Relationship is an intimate way to get the much needed emotional support. After a few days of frustration in the office, if the husband listens to his wife’s talk, it can be therapeutic. Healthy relationship makes one confident that if anything bad happens he has his wife or father or mother or brother to rely on. Relationships work similarly like a support group but at a very intimate level Underhill, E. (2012).

Part 9

  • Involvement in cultural activities can be of great recreational benefit. Every year, on Thanksgiving, many Americans plan to get together. This cultural event is of great therapeutic benefit. People living away from each other look forward to this day so that they can meet, laugh, share their achievements, take away each other’s sorrow. These days many naturists go to naturist parks and beaches where they can be themselves without any fear of body shaming or unnecessary sexualisation of the body. Involvement in cultural activities breaks the chain of monotonous work schedule and gives the mind and the spirit a breath of fresh air. After the cultural activity when one returns to the familiar life, he can take on stress and responsibilities with renewed vigor and will power. Cultural activities also allow meeting with people and this helps in building social well beings well. In fact, cultural activities are also connected with emotional wellbeing too. A depressed person in India can get well emotionally once he takes part in the elaborate Durga Puja celebration in Kolkata or Ganesh Chaturthi in Mumbai Gallagher, C., (2012).

  • The freedom or ability to practice one's own culture gives strength to one’s soul and makes him confident, happy and efficient. On one hand the Hindu population in countries like Pakistan or UAE are not given enough freedom to practice their own culture. As a result, they feel dejected and suffer from confidence. On the other hand, the Hindu population in America are free to practice their culture, And consequently they are living in the US with dignity and self esteem. Their emotional well being is obviously higher than their UAE counterparts. The freedom to be a painter or a musician or an actor gives the person enough avenue to show his creative side. Creativity is necessary as a human being to differentiate from animals. A working class man gets strength to return back to work the next day only because he has his cross and the image of Jesus Christ with him. Such type of emotional well being can only be possible if one has the ability to practice cultural or spiritual traditions Thomson, K. C. (2010). The ability to practice one’s own culture can go a long way in maintaining the societal balance of the land. There will be less social strife if one has the freedom to take part in one’s culture.

  • Good links within your own culture can help a man get connected with his roots. This is necessary in this chaotic world of today where nobody is connected with each other spiritually or even socially. A man can find help in his community if he feels lonely, disconnected or directionless. The Sunday church sessions can instill in somebody the courage that he needs. A man can find peace while listening to the classic music of Beethoven or the modern sound track of Hans Zimmer Schonert-Reichl, K. A., (2010). The community OM chanting in the ISKCON sessions can help one find inner peace and open spiritual channels. More and more aboriginals are dying in Australia because they have become detached from their traditional culture. Modernization has ruined their culture. What they have now is just a shallow wrapper of ancient culture. They are the prominent examples of what happens if one gets detached from his culture.

Part 10

There are several models of change. Most of them pertain to business operations. The 5 stage behavioural change model is relevant to wellbeing.

The first step of this model is pre-contemplation. In this stage people are not aware that his bad habit or the lack of good habit is harming him. He needs someone to make him identify the problem.

In the Contemplation stage, the person becomes aware of his negative habit and starts to see how it is affecting him.

In the Preparation stage, the person starts taking baby steps to mitigate the negative habit and walk in the right direction. There is a lack of regularity.

In the Action stage, the person attains some sort of regularity, but there is still a long way to go. His positive behaviour has still not become his habit.

In the Maintenance stage, the person has become successful in transforming his new positive behaviour into a habit. He now does the corresponding good work daily.

Part 11

As talked in the previous paragraph, the Australian aborigines are detached from their roots. However, modern Australia has failed to include them in their society too. They have insignificant representation in the Australian politics. The education sector, too, sees little participation from the aborigines. This is called social exclusion. As a consequence of this social exclusion, there are many policy decisions that could have been taken in favor of the aborigines have not been taken. As a direct consequence, the aborigines get substandard healthcare, they have low representation in the job sector. On the other hand, there are many Africans and Indians staying in America Brougham, D. M. (2013).

They have been mostly included in mainstream society, with stray cases of racial violence. As a result many Africans and Indians have been able to establish themselves in the society. Actors like Will Smith, scientists like Kalpana Chawla, programmers like Microsoft CEO Satya Nadela are prominent examples. The people who are not included are in a disadvantageous situation. They die early, their standard of lives are unspeakable and they suffer from chronic illnesses. In some Islamic countries, women are in disadvantageous situations with no decision making powers Cacioppo, J. T. (2012).

Systemic Oppression Is the intentional act of making a group fall in a disadvantageous position based on their race, gender, religion or caste. The oppression of blacks in the pre Nelson Mandela era in Africa can be called systemic oppression. Because of the planned oppression, the black people, those days, had no political or socio economic power.

Power dynamic is the set up where people deal with one another with one person having more than others. In politics, power dynamics can help the leader influence the behaviour of the people. One prominent example of a leader using power dynamics to rile up an entire nation is Hitler. In organizations, this power dynamics can be used positively to conduct meetings effectively with little digression and civilized debate. Hence, power dynamics can be used positively as well negatively Otto, M. W. (2017).

Part 12

  • Motivational interviewing is that psychological counseling that helps the patient to move from indecision to decision by making him aware of the differences in his attitude and his long term goal. This one kind of reverse psychology where the psychologist adjusts to clients' way of thinking.

  • Solution focused approach does not emphasize on the patient’s problems or symptoms. Rather it focuses on the patient’s current situation and his future aims. The purpose of this kind of approach is to help the patient get well as soon as possible Miller, L. F. (2010).

  • Strength based approach, as the name suggests, is that kind of counseling where the leader or the therapist focuses on the person’s strength rather than his failure, symptoms and history. However strength based approach is good only in office settings or anywhere other than the mental health set up as it veers away from the reason of emotional instability.

  • As a short term effort to manage a mental health patient’s symptoms cognitive behavioral approach can be taken. In this approach the patient is encouraged to change his thinking pattern. Here, the patient is taught to deal with stress, regain confidence and face fears Ryan, R. M. (2012).

  • There are certain mental health conditions that are not severe but cause great difficulty - like sadness, depression or bipolar disorder. In these cases, the patient can be encouraged to explain to the therapist the story of their life, how he reached this situation. This can help the patient understand the cause and effect aspect of his situation. This is a great way to deal with children.

  • The ACT approach encourages people to make friends with their demons, their thoughts, their negative mentality rather than fighting them. This approach is used to mitigate stress, anxiety, OCD or psychosis Russell, G. (2013).

References

1. Nolan, D. (2013). Deconstructing the Duty of Care.

2. Woolford, M. H., de Lacy‐Vawdon, C., Bugeja, L., Weller, C., & Ibrahim, J. E. (2020). Applying dignity of risk principles to improve quality of life for vulnerable persons. International journal of geriatric psychiatry, 35(1), 122-130.

3. Krumholz, H. M. (2010). Informed consent to promote patient-centered care. Jama, 303(12), 1190-1191.

4. O'Connell, J., Gardner, G., & Coyer, F. (2014). Beyond competencies: using a capability framework in developing practice standards for advanced practice nursing. Journal of advanced nursing, 70(12), 2728-2735.

5. Calleja, P., & Forrest, L. (2011). Improving patient privacy and confidentiality in one regional emergency department–a quality project. Australasian Emergency Nursing Journal, 14(4), 251-256.

6. Prinsloo, P., & Slade, S. (2013, April). An evaluation of policy frameworks for addressing ethical considerations in learning analytics. In Proceedings of the third international conference on learning analytics and knowledge (pp. 240-244).

7. Foscarini, F. (2010). Understanding the context of records creation and use:‘hard’versus ‘soft’approaches to records management. Archival science, 10(4), 389-407.

8. Trefalt, Š. (2013). Between you and me: Setting work-nonwork boundaries in the context of workplace relationships. Academy of Management Journal, 56(6), 1802-1829.

9. Gallagher, C., & Underhill, E. (2012). Managing work health and safety: recent developments and future directions. Asia Pacific Journal of Human Resources, 50(2), 227-244.

10. Oberle, E., Schonert-Reichl, K. A., & Thomson, K. C. (2010). Understanding the link between social and emotional well-being and peer relations in early adolescence: Gender-specific predictors of peer acceptance. Journal of Youth and Adolescence, 39(11), 1330-1342.

11. Haar, J. M., & Brougham, D. M. (2013). An indigenous model of career satisfaction: Exploring the role of workplace cultural wellbeing. Social Indicators Research, 110(3), 873-890.

12. Luhmann, M., Hawkley, L. C., Eid, M., & Cacioppo, J. T. (2012). Time frames and the distinction between affective and cognitive well-being. Journal of research in personality, 46(4), 431-441.

13. Townsend, A., Cox, S. M., & Li, L. C. (2010). Qualitative research ethics: enhancing evidence-based practice in physical therapy. Physical therapy, 90(4), 615-628.

14. Hofmann, S. G., & Otto, M. W. (2017). Cognitive behavioral therapy for social anxiety disorder: Evidence-based and disorder specific treatment techniques. Routledge.

15. Semple, R. J., Lee, J., Rosa, D., & Miller, L. F. (2010). A randomized trial of mindfulness-based cognitive therapy for children: Promoting mindful attention to enhance social-emotional resiliency in children. Journal of child and family studies, 19(2), 218-229.

16. Teixeira, P. J., Carraça, E. V., Markland, D., Silva, M. N., & Ryan, R. M. (2012). Exercise, physical activity, and self-determination theory: a systematic review. International journal of behavioral nutrition and physical activity, 9(1), 78.

17. Levesque, J. F., Harris, M. F., & Russell, G. (2013). Patient-centred access to health care: conceptualising access at the interface of health systems and populations. International journal for equity in health, 12(1), 18.

18. Kottler, J. A. (2011). The therapist's workbook: Self-assessment, self-care, and self-improvement exercises for mental health professionals. John Wiley & Sons.

19. Pearce, M. J., Coan, A. D., Herndon, J. E., Koenig, H. G., & Abernethy, A. P. (2012). Unmet spiritual care needs impact emotional and spiritual well-being in advanced cancer patients. Supportive Care in Cancer, 20(10), 2269-2276.

20. Rollnick, S., Butler, C. C., Kinnersley, P., Gregory, J., & Mash, B. (2010). Motivational interviewing. Bmj, 340, c1900.

21. Tarrier, N. (2010). Broad minded affective coping (BMAC): A “positive” CBT approach to facilitating positive emotions. International Journal of Cognitive Therapy, 3(1), 64-76.

22. Wilson, K. G. (2014). The ACT Matrix: A new approach to building psychological flexibility across settings and populations. New Harbinger Publications.

23. Macintyre, T. E., Moran, A. P., Collet, C., & Guillot, A. (2013). An emerging paradigm: A strength-based approach to exploring mental imagery. Frontiers in human neuroscience, 7, 104.

24. Gingerich, W. J., & Peterson, L. T. (2013). Effectiveness of solution-focused brief therapy: A systematic qualitative review of controlled outcome studies. Research on Social Work Practice, 23(3), 266-283.

Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Health And Wellbeing Assignment Help

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