The legal Aspects
The legal framework in the UK is mostly provided by the Human Rights Act (1998), however the paternalism from nursing is strongly suppressed by the patients' right of autonomy, the right to dignity and the right to life (Herring 2012). In nursing the duty of care is an umbrella term for the commitment to the patient. It includes providing information regarding possible benefits and risks prior obtaining consent , providing treatment, working within the ethical framework while respecting the patient’s right and autonomy and working in the patient’s best interest. Breaching a duty of care is perceived as negligence. Nurses can be sued for negligence if they fail at providing enough information regarding the treatment and …show more content…
MCA cover five key principles, namely: the presumption of someone having capacity, supporting someone to make decisions, people being allowed to make unwise decisions, best interest and least restrictive option. In the process of decision making full autonomy is ideal but when dealing with cognition impairment people may become autonomous to the extent that they are able to be managing their lives. Furthermore, respecting people rights and values supporting them throughout may be challenging, although acting in their best interest (Jacob et al …show more content…
The need for laws and guidance is to protect peoples' rights as a consequence of an addition in the number of cases of harm or death or acting against patient will. By following all these guidance, laws and frameworks, a nurse can deliver appropriate care while dealing with dilemmas consequently avoid malpractice even if is
The legal framework in the UK is mostly provided by the Human Rights Act (1998), however the paternalism from nursing is strongly suppressed by the patients' right of autonomy, the right to dignity and the right to life (Herring 2012). In nursing the duty of care is an umbrella term for the commitment to the patient. It includes providing information regarding possible benefits and risks prior obtaining consent , providing treatment, working within the ethical framework while respecting the patient’s right and autonomy and working in the patient’s best interest. Breaching a duty of care is perceived as negligence. Nurses can be sued for negligence if they fail at providing enough information regarding the treatment and …show more content…
MCA cover five key principles, namely: the presumption of someone having capacity, supporting someone to make decisions, people being allowed to make unwise decisions, best interest and least restrictive option. In the process of decision making full autonomy is ideal but when dealing with cognition impairment people may become autonomous to the extent that they are able to be managing their lives. Furthermore, respecting people rights and values supporting them throughout may be challenging, although acting in their best interest (Jacob et al …show more content…
The need for laws and guidance is to protect peoples' rights as a consequence of an addition in the number of cases of harm or death or acting against patient will. By following all these guidance, laws and frameworks, a nurse can deliver appropriate care while dealing with dilemmas consequently avoid malpractice even if is