Pages: 19

This chapter introduces key concepts of ethics with an overview of the origins and background. It also outlines the development of Bioethics and links professional codes of conduct while application to a healthcare context. There are several theories of ethics, with variations. The focus will be on the main theories and key concepts that are relevant to healthcare settings. Ethical perspectives are identified while setting the scene. It also explores the background and origins of these key ethical theories while laying the foundations for a ‘marriage’ between ethics and a legal framework. The principles of ethics are linked to fundamental human rights. The development of principles related to healthcare ethics has followed the classical moral philosophers. These are applied to a healthcare context.

Pages: 21

This chapter explores the development of bioethics and how it now underpins the law. It explores human rights as well as the sources of law that support the development of a legal framework for healthcare. The term ‘Law’ or ‘legal’ suggests a broad concept that also defines human rights of patients/service users. This will help the reader to apply appropriate legal as well as ethical principles to practice. Relevant key aspects of the law as it affects healthcare are considered. Human rights law defines people’s basic moral principles, which are usually believed to be fundamental and inalienable under international treaties. Also, this is an introduction to other aspects of the law that regulate healthcare and demonstrates that failure to comply can have consequences.

Pages: 25

Safety goes to the heart of care delivery. Service users are likely to be vulnerable due to illness. On admission, healthcare professionals must identify the patient’s needs while carrying out a risk assessment. This will enable them to minimise and manage the risk, and not by eliminating some manageable risk. Human factors may help or hinder treatment and recovery. This process will help for learning and ensuring that this does not happen.

Pages: 18

This chapter presents an opportunity for exploring legal and ethical issues related to the beginning of life, from conception, abortion child to adulthood. The rights of the child will be considered, while exploring the development of the relevant legal framework. The principles of law have been interpreted and applied from case law. There is a need to distinguish the contrasting rights of the child from those of adults. It is hoped that the reader will be able to appreciate the complexity of this area of law and to compare the rights of the child with those of adults.

Pages: 18

Patient information lies at the heart of nursing and healthcare provision. Communication is key to delivery of effective care. Record keeping is key to a caring relationship. This can be a tool for preserving vital information that relates to treatment and decisions about care as evidence of the care provided. A team of people who provide healthcare require patients’ or service users’ records for continuity of the care provided. The duty of confidentiality is at the centre of a fiduciary relationship. As technology advances, advanced methods of treatment are being implemented. There are ethical considerations and legal implications for technology such as artificial intelligence in diagnosis, treatment and rehabilitation are considered.

Pages: 23

Legislation provides for a person with mental capacity the right to autonomy for decision-making. Consent goes to the heart of treatment. There is a need for adequate information to enable them to make an informed decision; however, for those who lack capacity, different rules apply. There are provisions for compulsory treatment or presumed consent as well as best interests. If a patient is deemed to have capacity, consent must be sought. This chapter defines consent and sets the parameters on when this must be sought as well as the exceptions where consent is not required.

Pages: 26

The term ‘vulnerable groups’ applies to individuals who may be at risk of harm. This includes children and adults though children are regulated by a different set of rules (please see Chapter 4) as well as people who have mental health needs, learning disabilities or physical disabilities or needs. This chapter focuses on adults. Older people may fall into this group due to their frailty and/or illness, the ageing process showing physical or mental frailty. This is a challenge for healthcare professionals to recognise those at risk and the signs abuse. Everyone has a duty to safeguard vulnerable people by reporting abuse. This chapter defines key issues in this area and focuses on older victims.

Pages: 19

This chapter explores the importance of ethical and legal principles in order to provide care for diverse patients, with inclusion and fairness and without preferential treatment. Owing to the complexity of this area, which affects patient’s rights, this chapter aims to give an overview of aspects of discrimination and why it is important to treat different patients with diverse needs fairly. Fairness is sometimes defined as ‘justice’ or a fair distribution of resources, which is an established principle in ethics. This requires fair and non-discriminatory treatment for all.

Pages: 33

This chapter explores the relevant ethical and legal principles that are applicable to decision-making in end-of-life care. It is important to ensure that a patient’s individual dignity and respect is maintained not only throughout their journey but also on beginning the end of life. The complexity of this area should not be underestimated especially in the context of the limited resources argument. This should however be underpinned by patient-centred decision-making and their human rights. A comparative analysis will be necessary, in order to understand the UK context.

Pages: 18

This chapter aims to consolidate the key themes and to present a final opportunity for reflection while revisiting the aspects that have been previously explored in earlier chapters. It explores future challenges for healthcare and nursing specifically, within changing service-user demographics. It also considers the ongoing and at times complex needs of patients or service users who are now better informed. Gone are the days of paternalism and of a doctor-lead service provision, accountability now also rests on not only the shoulders of the nurse or healthcare professional as well as those of all other support staff.