Identification: The problem here is that William is still unaware of his medical issues and health scenario. Due to the absence of the translator, William could not decode the doctor’s advice and points related to his treatment and diagnosis.
Evaluation: William’s case involves certain Ethical as well as Legal Principles that must be abided. In this case, Autonomy is the best suited Ethical Principle among the other three Code of Ethics. Because it says, even if there are cultural and traditional barriers to the welfare of the patient, he has his rights to involve his community member or family member for the best effect.
Autonomy: William’s consent has not been taken over the case. The doctor asked William about his transportation to the coast and William just said “Yes” without even understanding a single word of English. Without William’s entire knowledge and consent, nothing could be done to him, even if it is good for him. This is against the Ethical Principle.
Legal Action- William and his family can seek legal advice also as the law says, the Indigenous community must be backed up for basic and major consent.
Justice: Right-based Justice- William belonging to an Indigenous community has certain rights and is legally given his fundamental authority to be aware of the scenario he is in and should be acquainted with his health history and a recent report in his language.
To implement the ethical Rights, Dr Tranh and the nurse must seek help from the translator and must understand that William belongs to the Aboriginal Community which makes him entitled to the translator. William’s health plan should be shared to the translator, Jane or any other Aboriginal health worker who is familiar with the cultural and linguistic values of the community.
Evaluate and Reflect: in case the translator or any other person is not available from the similar community, the professionals must talk to the authority regarding the same and reflect upon the patient’s tender health for better and faster treatment. The issue must be escalated and resolved with William’s consent through an underwriting. This would prove his side of the story and would be a consensual agreement to treatment.
Ethics Law And Health Care - Answer 2
Identification: Gracie’s situation is still not under control and she is on the phase where she can probably harm other patients or her-self and thus, she is restrained to protect herself and other patients from any dangerous act.
Evaluation: Gracie’s psychiatrist has laid down a few fundamental and strict rules to be followed by the nurse while taking care of her. Thus, here, Mansi must abide by the patients’ clinical; history and psychiatrist’s notes. The Code of Conduct followed here is Non- Maleficence.
Non- Maleficence: This ethical code of conduct says that no harm must be done to the patient or by the patient. Mansi must try to prevent the harm and think of a way where no harm is done to anyone. Mansi must strive to minimise and lower the danger to Gracie by herself and probably the other patients by Gracie. Gracie must be restrained for a longer duration to protect herself and others. This is in benefit of the patient.
Justice: According to the law, legal Justice must be asked. The Psychiatrist must restrain Gracie lawfully with all the legal requirements. Only then, Gracie could be restrained due o her ongoing medical problems.
To Implement the Code of Conduct: Mansi must consult the psychiatrist and also check up on the previous nurse who handled Gracie. This would give her a better insight into Gracie’s case and her medical history.
Evaluate and Reflect: After consulting the psychiatrist and the other nurse, ethically and legally, Gracie should be restrained.
References for Telemedicine Practice
Hemsley, B., McCarthy, S., Adams, N., Georgiou, A., Hill, S., & Balandin, S. (2018). Legal, ethical, and rights issues in the adoption and use of the “My Health Record” by people with communication disability in Australia. Journal of Intellectual & Developmental Disability, 43(4), 506-514.
Nittari, G., Khuman, R., Baldoni, S., Pallotta, G., Battineni, G., Sirignano, A., ... & Ricci, G. (2020). Telemedicine practice: review of the current ethical and legal challenges. Telemedicine and e-Health.
Wszalek, J. (2017). Ethical and legal concerns associated with the comprehension of legal language and concepts. AJOB neuroscience, 8(1), 26-36.
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