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Flashcards in workshop 1 b Deck (11)
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1

State the problem

Distinguish between ethical problems and other
medical, social cultural, linguistic and legal issues

2

Get the facts

Find out as much as you can about the problem. Take
time to listen to the patient. Find the facts that you
don't have

3

Consider the
ethical principles

Consider autonomy, beneficence, non-maleficence,
justice, confidentiality/privacy and veracity

4

Consider how the problem would look
from another perspective

How would another person view this issue or
problem?

5

Identify the
ethical conflicts

Explain how the ethical conflicts occur and how they
might be resolved

6

Consider the law Identify relevant legal concepts and laws.

How can
you apply the NMBA standards and codes?

7

Make the ethical
decision

What is the right thing to do?

8

Voluntary Assisted Dying
• NSW
victoria
western Australia
tasmania

nsw-- assisted dying in any form is illegal
– legislation failed to pass in 2017
– a person has the right to refuse treatment or request
withdrawal of treatment

Victoria – Voluntary assisted dying is legal in limited circumstances
• Western Australia - legal as of 1 July 2021
• Tasmania - on a date to be confirmed
• VAD is not lawful in other Australian States and Territories, though
this may change in the future as other jurisdictions consider law
reform in this area

9

VIC - Voluntary Assisted Dying Act 2017

• Eligibility criteria

– over 18 years
– incurable disease causing intolerable suffering
that cannot be relieved
– prognosis of less than six months (or 12 months
for neurodegenerative conditions)
– decision-making capacity
– decision made at the time of being unwell

10

Negligence

Duty of Care
• Relationship must exist
• Easily established in healthcare and patient
relationship
• Actions linked to effect on patient
• Neighbour principle set out in law

11

The tort of negligence applied to
nursing practice

1. There must be a duty of care (nurse to patient)
2. There must be a breach of that duty (nurse’s
conduct fell below the expected standard)
3. The loss or damage sustained by the patient
was a direct result of the nurse’s breach of duty
4. The loss or damage was reasonably foreseeable
• The intentions of the person are irrelevant
• The nurse’s failure to meet the legal
expectations of care underpin the concept of
negligence