Nursing Informed Consent Case Study

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Gaining a patient consent prior to the medical procedure has claimed simple yet imperative process of patient care for nursing professionals as some of the legal implications can occur that may lead to a negligence on clinical care, risk the nursing registration or even criminal assault that is resulting a litigation, if it does not proceed accordingly. Patient’s consent can be obtained in various ways, such as implied, verbal or written forms are available and most importantly, different types of consent will require on the nature of treatment. Informed consent is an ongoing, practical process in relation to the patients’ health care in the clinical setting which would involve providing sufficient information about the clinical procedure and …show more content…
In Standard Operating Procedure; Consent and Treatment (2012), for example, if the patient is unable to give consent due to incapacities to make a sound decision (unconscious and/or mentally unstable, etc) and require emergency medical treatment to avoid serious harm, the health professionals can provide treatment by demonstrating professionalism to act in patient’s best interest and legislation would protect for the minors under 18 years old (Guardianship Act 1987 for New South Wales)and it will be different to other states)and mentally disable patient by appointing them a guardian to advocate their rights and make an appropriate medical decision for them (Daly, Speedy, & Jackson, 2010). However, with an exception of medically urgent situation, if patients who arrived in the operating theatre without valid consent the health professionals should not move the patient to the treatment bay and relevant supervisors, such as Clinical Nurse Manger, Medical Director and other health service administrators, should be notified. Treatment should also be cancelled or withheld until the valid consent is available. …show more content…
“Professional practice” is one of the domains that consist of the National Board National competency standards for the registered nurse that gives an account of the professional, legal and ethical accountabilities which would require evidence of a sufficing evidence base practice, responsibility and liability for practice, working in compliance with legislation affecting nursing practice for patient care, and securing patient’s rights. (Nursing and Midwifery Board of Australia, 2010) In this particular scenario, the nursing staff who failed to obtain patient consent before proceed the nursing procedure would not satisfy the section 1 and 2 of professional practice on the National competency standards for the registered nurse, which are explaining the legal implication for nursing practice, relevant legislation controlling nursing practice, appropriate response towards unprofessional and compromising practice and how can the nurses practicing in the boundary of code of ethics and conducts. In addition to the violation of professional practice, it is also disregarding one of the values on code of ethics for nurses in Australia which related to providing quality nursing care to the individual. According to “value statement 1” on code of practice, the witness nurse needs to report to the nursing staff’s unethical and insufficient practice to the nursing authority. (NMBA,

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