Question 1: Which ethical principles are challenged in this case study and how?

Q2: Identify the legal issues raised.

Q3: Discuss some of the short term and long-term consequences which may arise from this lie/deception?

Q4: Considering at least 2 different ethical theories, outline some possible actions the nurse may take in responding to this situation. 

Q5: What will you do?

Autonomy

–When autonomy is removed in order to treat someone ‘for their own good’ this is called paternalism. Paternalism is often referred to in a

negative context as it removes autonomy, however it may be a positive if it is used in cases where autonomy is not possible. For example, someone who is

in a coma without an ACD, or an elderly patient with advanced dementia (ethics here can be grey).

Veracity is telling the truth, and is often compared with deception. Deception may be implying a falsehood or allowing someone to believe a falsehood

without explicitly lying to them – the concept may be morally similar to lying as you have allowed a lie to exist even without verbalising it.

92444 Professional Accountability Autumn 2020 Assessment 3 Exam

Answer is poorly done and does not cover the relevant details. Lack of understanding evident.
0-8 MARKS

Satisfactory answer with some relevant details included. A basic understanding evident
12-14 MARKS

Excellent answer with ALL relevant details included. High level of understanding evident.
18 -20 MARKS

/20

Answer is poorly done and does not cover the relevant details. Lack of understanding evident.
0-8 MARKS

Answer is limited and lacking relevant details. Superficial understanding only evident.

9-11 MARKS

Satisfactory answer with some relevant details included. A basic understanding evident
12-14 MARKS

Good answer with relevant details included. Sound understanding evident
15-17 MARKS

Excellent answer with ALL relevant details included. High level of understanding evident.
18 -20 MARKS

/20

Answer is poorly done and does not cover the relevant details. Lack of understanding evident.
0-8 MARKS

Answer is limited and lacking relevant details. Superficial understanding only evident
9-11 MARKS

Satisfactory answer with some relevant details included. A basic understanding evident
12-14 MARKS

Good answer with relevant details included. Sound understanding evident
15-17 MARKS

Excellent answer with ALL relevant details included. High level of understanding evident.
18 -20 MARKS

Answer is poorly done and does not cover the relevant details. Lack of understanding evident.
0-8 MARKS

Satisfactory answer with some relevant details included. A basic understanding evident
12-14 MARKS

Good answer with relevant details included. Sound understanding evident
15-17 MARKS

Excellent answer with ALL relevant details included. High level of understanding evident.
18 -20 MARKS

/20

Legislation Links

Restraint

Mental Health Act 2007:

https://www.legislation.nsw.gov.au/view/html/inforce/current/act-2007-008

Restraint Policy Direction for NSW Health:

http://www.asmofnsw.org.au/Draft%20NSW%20Health%20policy%20for%20consultation%20-%20seclusion%20and%20restraint%20in%20NS.._%20(002)

Equality, Capacity and Disability in Commonwealth Laws (ALRC Report 124):

https://www.alrc.gov.au/wp-content/uploads/2019/08/alrc_124_whole_pdf_file

Decision-Making Tool: Supporting a Restraint Free Environment in Residential Aged Care: https://www.agedcarequality.gov.au/sites/default/files/media/Decision-Making%20Tool%20-%20Supporting%20a%20restraint-free%20environment

Consent

Equality, Capacity and Disability in Commonwealth Laws (ALRC Report 124): Informed consent to medical treatment:

Informed consent to medical treatment

Children and Young Persons Act (1998):

https://www.legislation.nsw.gov.au/view/html/inforce/current/act-1998-157

Guardianship Act 1987:

https://legislation.nsw.gov.au/#/view/act/1987/257

Guardianship Regulation 2016:

https://legislation.nsw.gov.au/#/view/regulation/2016/556

Minors (Property and Contracts) Act 1970:

https://legislation.nsw.gov.au/#/view/act/1970/60

NSW Health Consent to Medical and Healthcare Treatment Manual:

https://www.health.nsw.gov.au/policies/manuals/Pages/consent-manual.aspx

Minors Act explained regarding medical consent (easier to understand):

http://www.findlaw.com.au/articles/432/age-of-consent-to-medical-treatment.aspx

Children (Care and Protection Act) 1987:

https://www.legislation.nsw.gov.au/acts/1998-157

Mental Health Act 2007 No. 8: https://www.legislation.nsw.gov.au/view/html/inforce/current/act-2007-008

End of Life

Coroners Act 2009:

https://www.legislation.nsw.gov.au/view/html/inforce/current/act-2009-041

Advance Care Planning (NSW Health):

https://www.health.nsw.gov.au/patients/acp/Pages/default.aspx

No specific Advanced Care Directives Act in NSW, however NSW Govt has issued this document:

https://www.parliament.nsw.gov.au/researchpapers/Documents/advance-care-directives/Advance%20Care%20Directives

Abortion Law:

Abortion Law Reform Act 2019 No 11 – NSW Legislation

Euthanasia

Euthanasia Laws Act 1997:-

https://www.legislation.gov.au/Details/C2004A05118

Whistle-Blowing

Public Interest Disclosure Act 1994:-

http://www9.austlii.edu.au/cgi-bin/viewdb/au/legis/nsw/consol_act/pida1994313/

 Protected Disclosures Act 1994:

https://www.legislation.nsw.gov.au/acts/1994-92

Confidentiality and Privacy

Freedom of information Act 1989:

https://www.legislation.gov.au/Series/C2004A02562

Criminal Records Act 1991:

https://www.legislation.nsw.gov.au/#/view/act/1991/8/full

Health Records and Information Privacy Act 2002:

https://www.legislation.nsw.gov.au/#/view/act/2002/71

Privacy and Personal Information Protection Act 1998:

https://www.legislation.nsw.gov.au/#/view/act/1998/133

Mandatory Reporting – refer to Children and Young Persons (Care and Protection) Act 1998: https://www.legislation.nsw.gov.au/acts/1998-157

Negligence and Practice Regulation

Health Practitioner Regulation National Law (NSW) Act 2010:

https://www.legislation.nsw.gov.au/#/view/act/2009/86a

Civil Liability Act 2002:

https://www.legislation.nsw.gov.au/#/view/act/2002/22

Law of Negligence and Limitation of Liability Act 2008:

https://www.legislation.gov.au/Details/C2016Q00058