workshop 1 b

Question 1

State the problem

Answer 1

Distinguish between ethical problems and other

medical, social cultural, linguistic and legal issues

Question 2

Get the facts

Answer 2

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

Question 3

Consider the

ethical principles

Answer 3

Consider autonomy, beneficence, non-maleficence,

justice, confidentiality/privacy and veracity

Question 4

Consider how the problem would look

from another perspective

Answer 4

How would another person view this issue or

problem?

Question 5

Identify the

ethical conflicts

Answer 5

Explain how the ethical conflicts occur and how they

might be resolved

Question 6

Consider the law Identify relevant legal concepts and laws.

Answer 6

How can

you apply the NMBA standards and codes?

Question 7

Make the ethical

decision

Answer 7

What is the right thing to do?

Question 8

Voluntary Assisted Dying
• NSW
victoria
western Australia
tasmania

Answer 8

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

Question 9

VIC - Voluntary Assisted Dying Act 2017

• Eligibility criteria

Answer 9

– 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

Question 10

Negligence

Answer 10

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

Question 11

The tort of negligence applied to

nursing practice

Answer 11

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