similarities between legal and ethical frameworks in aged care

Whilst legal standards are set by governmental laws, ethical standards do not necessarily have a legal basis. As with any new technologies, however, AI also introduces new ethical, legal and governance challenges . RESTRAINTS The use of restraints can apply to some patients in certain circumstances. Current Cost Of Rice 2023, Best Commercial Courses To Study In The University 2022: Top 10, Cost Of Starting a Poultry Farm In Nigeria 2022: See How Much. Should legal standards trump ethical standards in this situation? E - ETHICAL. They are both concerned with preventing immoral and unlawful acts in the society, c. They are both aimed at creating and having a better society, d. They both regulate the conduct and behavior of individuals in the society. Component 2: A belief about the nature of Ethics comes from people's awareness of what is right and wrong. He is also a Developer with knowledge in HTML, CSS, JS, PHP and React Native. It tells us how to act in a particular situation and make a judgment to make better decisions for ourselves. It is important that all parties are aligned in terms of advance care planning knowledge and the healthcare approach for the individual. Code of Ethics for Care Workers. It is apparent in this case study the RN and aged care facility failed to give duty of care to Mrs. Davis as a result of being restrained Mrs. Davis sustained physical harm to her person. A parent who does not spend time with their children could be considered ethically irresponsible, as children have the right to spend time with their parents. We will be looking at the legal and ethical issues and the implications of these issues in this case study that could impact the RN, EEN and family members of Mrs. Davis as well as the care facility. This approach also seeks to look at every person as an end, in and of themselves, rather than the means to an end. However, as new treatments are introduced and the field changes, healthcare professionals face new legal and ethical challenges. However, there are differences between legal and ethical standards. (Forrester & Griffiths, 2010). With legal standards in place, authorities are allowed to enforce rules when people do something illegal. Thats to say that it is specific to a State or country and only applicable therein. It is the nurses duty to advocate for patient safety and patient rights. These two terms ( Law and Ethics) are closely related as they both have the end product of preventing illegal or immoral acts in the Society. similarities between legal and ethical frameworks in aged carelake weiss camper lots for rentlake weiss camper lots for rent a) Similarities Both are formed according to making decisions about support matters containing the way organisational policies and procedures are created in a support facility. This has made it possible to diagnose diseases faster and more accurately. In such a society, it is perfectly ethical to cut in line to reach the door first. These principles are widely disseminated and strictly applied within a corporate governance framework. (2013). There is no mention in the case study that there is a restraint authorization from a medical doctor or any family members. In Andrews case, there needs to be consideration of his autonomy, his previous preferences, his wellbeing, his current decision-making capacity (including the possibility of making a supported decision), the involvement of Lucy as his substitute decision-maker (if he has no decision-making capacity) and the interests of his family. Advance Care Planning Australia, Nuffield Council on Bioethics report (2009), National Advance Care Planning Support Service, promote patient autonomy through a case-based approach to ethical decisions, promote congruence between individuals and substitute decision-makers, Health professionals should promote the appointment of a substitute decision-maker and this persons early involvement in the individuals health status, care requirements, and discussion regarding values and preferences, Health professionals should support and educate substitute decision-makers on their role and responsibilities, scope and substituted judgement, Health professionals should monitor the capability of the substitute decision-maker to fulfil their role, and provide information and support when required, If a non-competent person does not have an advance care directive, health professionals should encourage the substitute decision-maker to make an advance care plan on the person's behalf, Healthcare settings should promote a comprehensive model of advance care planning that incorporates autonomous, supported and substituted decision-making by implementing an ethical framework that considers case-based decision-making, Healthcare settings should educate the workforce on the benefits of advance care planning, the importance of quality advance care directives and how to enact them. For example, if someone steals, the legal standard saying 'you cannot steal' is used to discipline that individual, perhaps by placing him in prison. Advocacy is to protect the patient from potential harm from other healthcare workers and can also be to protect the patient from family members. copyright 2003-2023 Study.com. Ethical is anything pertaining to right and wrong in thought and conduct. Similarities Differences Both law and ethics are based on moral values of the society Legal guidelines View the full answer Transcribed image text: 5. Personal identity is also an important ethical consideration. All the statutes and laws that lawyers point to are legal standards. Andrew is a retired 64-year-old who is married and has young adult children. Encourage individuals to make their wishes known when they cannot speak for themselves by uploading their advance care directives and other advance care planning documents to their My Health Record. There are three stages of this methodology. This is the basis of person centred care. Laws are rules developed by governments in order to provide balance in society and protection to its citizens. The facility has sent him to his local emergency department and the physician is aware that his advance care directive is legally binding. There are other related forms of legal such as: post-legal, pseudo-legal, quasi-legal, pre-legal, etc. leading to economic growth and better quality of life. In the financial field, they should ensure credibility and transparency in accordance with established standards of conduct. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or. Law is objective and assertive, while Ethics is flexible and subjective. They are based on human principles of right and wrong. b) Differences Regarding the legal framework, determination of the legal course of action is settled by laws. - Techniques & Process. Dual Relationship Ethics & Counseling | What is a Dual Relationship? 2.1 Identify, access and interpret sources of information about the ethical responsibilities that apply to the work role. Decision making can be supported by referring to the code provided here. However, there is a line of difference between law and ethics. Here are a few legal issues that affect the healthcare system on a regular basis: Ethical issues often involve the topics of confidentiality, informed consent and patient-doctor relationships. This similarity has led to various people placing Law and Ethics alongside each other. Advance care planning should occur in consultation with the full healthcare team and others involved in future decision-making. The Aged Care Act 1997 (the Act) and associated Aged Care Principles set out the legislative framework for the funding and regulation of aged care, although services are also provided through contractual arrangements outside of the Act. Queensland Government. Retrieved from http://www.safetyandquality.gov.au/wp-content/uploads/2013/05/SAQ083_Patient_guide_OPEN_DISCLOSURE_INTERNALS_V5.pdf, Australian Nursing Federation. Laws are enforced by governments to its people. Save my name, email, and website in this browser for the next time I comment. i. Based on Ethics, I am driving carefully so as not to hurt someone or cause damage on their car. Advance care directives should explicitly address the conflict between past directive and present interests. With legal standards in place, authorities are allowed to enforce rules when people do something illegal, whereas ethical standards lack such regulation. Laws are designed to protect individuals when making decisions about their healthcare. You will also learn about the ethical standards of American society. Contact our National Advance Care Planning Support ServiceTMon 1300 208 582 for further guidance. You would feel wronged, and yes, you were wronged, ethically speaking. The law also can force people to perform what they believe to be unethical conduct. Clarify all the facts of the current situation. Ethical standards refer to a set of values developed by the institution`s founders to guide the organization`s behavior. Whether it is enforced based on aged care regulation or further company policies, controlling the disclosure of private and personal information is critical in managing patient privacy and maintaining ethical business practice. The law is described as a set of rules and regulations created by the government to govern society as a whole. Health professionals: roles and responsibilities, Aboriginal & Torres Strait Islander peoples, Australian Capital Territory: create your plan, Advance Care Planning Improvement (ACPI) Toolkit, Australian Capital Territory Advance Care Planning Week events, New South Wales Advance Care Planning Week events, Northern Territory Advance Care Planning Week events, Queensland Advance Care Planning Week events, South Australia Advance Care Planning Week events, Tasmania Advance Care Planning Week events, Victoria Advance Care Planning Week events, Western Australia Advance Care Planning Week events, Austin Health 2021. Should all ethical standards become written legal standards? In general, law and ethics determine the actions of individuals around the world. In addition, they also set out the responsibilities of healthcare professionals. . (2013). However, unless the lack of times leads to severe neglect, this choice to spend time away from ones children is not illegal. These two terms are closely related because of the similarities which they share. The law is generally accepted, recognized and enforced. Another similarity is that both legal and ethical standards are there to help society as a whole. Organizational culture relies heavily on these standards. Rarely will the law and an advance care directive provide sufficient directions or preferences for decision-making under all circumstances. Use these questions to stimulate in-depth discussion and reflection on these concepts. We're here to answer any questions you have about our services. This unit applies to community services and health workers who play a proactive role in identifying and meeting their legal and ethical responsibilities. . Ethics and legal have different meanings, although both aim to ensure that people live well.