The NS4101 Law and Ethics for Nurses Assignment sample is designed to help nursing students understand key legal responsibilities, ethical principles, and safeguarding duties in clinical practice.
In this essay, three threads are being focused: legal aspects of dementia care, ethical issues on patient’s autonomy, and values concerning maltreatment of vulnerable adults in the context of the given scenario, Scenario A. These concerns are very important to help in giving proper care to Andrew and at the same time consider issues in relation to his wife, Gemma. The legal consideration will involve concentrating on the parts of the Mental Capacity Act (2005) which deals with the issues of capacity and consent. It will also include the legal obligations for reporting of barred individuals in relation to safeguarding concerns. Ethical considerations drawn to the equation will comprise Autonomy and best interests especially in the case of dementia patients. Nurses ought to be authoritative and uphold his autonomy but protect him in the process. In the communication aspect of values, it will focus on promoting safeguarding for vulnerable persons, especially having in mind situations where Gemma was distressed and her son has been financially exploiting her.
These components will be connected to the NMC Code of conduct (2015) and legislation, ethical standards and nursing care measures. This way, it will elaborate on how the nurse may shield patient’s rights, deliver ethical care, and secure vulnerable patients when faced with challenges.
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According to the Mental Capacity Act of 2005, there exists methods of assessing Andrew’s capacity to make decisions on his care. Dementia is a clinical condition that can lead to decline or loss of certain cognitive processes such as learning capacity, memory, good judgement etc. This is the case of Andrew who at times forgets events that occurred and who also has problems with handling coins. Depending on deterioration in Andrew’s condition, he might lose capacity to make rational decisions for his medical treatment (Zaçe et al. 2021). As for the Act, it proposes two criterion to establish mental capacity: one criterion is whether a person has an impaired ability to function mentally, and the second criterion is whether the impairment impacts the capability of the person to use the information that is normally understood by himself, retain it, or weigh what is being told to him to enable him to make the decision in question (Duffy, 2025). When Andrew has been deemed as lacking capacity in decision making, some decisions must be made in his best interest with much emphasis on his welfare and dignity.
5 Years | MSc
There is also an important element highlighted that the legal requirements must be complied with in matters regarding capacity assessments while there is a great involvement of nurses in the same process. Out of the provisions in the NMC Code (2015), the first one requires that nurses should prioritize people and must ensure human beings receive the quality health services they need in a dignified manner. When it comes to the situation where Andrew is not capable of making decisions in certain situations, the nurses are expected to involve the doctors and social workers to conduct an assessment (Hurley et al. 2022). They should also be able to interact with Andrew and his wife, a good example being while conveying some information they have to ensure that they do so in a manner that he understands. Moreover, there is a need to provide benefits for Andrew, unlike causing him harm, therefore, they need to apply the principle of beneficence and non-maleficence.
One of the major themes evident from the movie is root/source financial abuse with regard to Andrew. Gemma has also raised an implication that their son defrauds them annually as he embezzled their cash. What is important to note is that under The Care Act (2014), the act covers financial abuse as amongst those that call for entry to the safeguarding system. Registered nurses have a mandatory responsibility to make a referral to authorities or other adult safeguarding teams. One of the nursing interventions that can be undertaken to minimize such risks would require collaboration with other players in the health field which include social care workers, the safeguarding officers and lawyers (Havaei, 2021). This team can review his account details and prevent further abuse if the problem is ascertained to be of the financial kind. As a result, the two should seek support by themselves and the nurses should advocate for protection of referrals. So there is a great need for early intervention for both children especially in order to safeguard their rights and meet their needs as provided in the constitution in the aspect of child care and support.
The aim of this paper is to illustrate both how autonomy and patients’ best interest might be in conflict in ethically difficult situations when caring for patients with dementia. In this regard, the existence of decision-making capacity in Andrew is doubtful given that he suffers from dementia. Patients’ rights are the fundamental truths that keep human liberty in check with an emphasis on the autonomy of every single person. But in other phases, there may be moments when they are unable to perform a simple choice as to assess the risks that are related to the actions that they take. In this case, ethically it becomes quite complicated for a professional to navigate in a way that allows Andrew to exercise his rights while at the same time avoid the negative consequences associated with the decision (Schmitz-Luhn and Chandler, 2023). His wife, Gemma, who observes his short-term memory and fiscal management capacity, might not share her husband’s view about his ability to live independently. Nurses have this concern in between as they respect the independence of the patients, but at the same time try to avoid exposing them to some harm.
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According to the NMC Code of professional conduct (2015), it was understood that a patient's dignity and personalisation was of great essence. In the care of Andrew, it is necessary for the Nurses to involve him in the discussions regarding his care and his choices. This is very important in assisting him as she acts in a manner that assists him convey his needs. If this is the case, then, it would be appropriate for the nurses to engage Gemma in the care planning although Andrew should be at the center of this process (Foye et al. 2021). Moreover, the code also requires that the nurses should practice in accordance with the best practices of current knowledge and protect the vulnerable clients. It implies that all the decisions being made must take appropriate ethical considerations in line with the supporting rights of Andrew, and evidence-based practice that would foster his well-being.
Different ethical theories which include utilitarian and deontology offer different ways of making decisions in the management of the dementia patients. In other words, utilitarianism gives priority to the overall increase in well-being because the idea is to always improve the quality of life while, if needed, ignoring the subject’s wants or needs, such as in the case of Andrew (Dean et al. 2021). Nurses should ponder over these frameworks while demanding appropriate care for and treatment of Andrew; the decision making must respect his rights as well as his welfare.
One of the solutions would therefore be improving the level of communication between Andrew, Gemma and healthcare professionals. Therefore, the nurses need to enable expression of Andrew’s preferences in a way that would consider Gemma’s concerns too. To navigate any ethical issues Nurses are encouraged to approach committees for a resolution or get an opinion from other senior personnel (Bunning et al. 2022). It may also be initiated, enabling Andrew to state some wishes that would have been implanted if he were incapable at the time of making the document. This helps his wishes to be complied with even if he gets worse, that’s why a loved and tended-to dog is a lucky one.
In this case, professional protection of vulnerable adults in need especially when clients like Andrew and Gemma is always encouraged in the provision of health care. This is why Andrew is vulnerable to be harmed economically and incapacitated especially by his progressing dementia. His wife Gemma is incapacitated due to health complications and mental strains thus will be taken care of by the family. Regarding their son, she has certain questions about his capabilities to take money from them; this raises concerns of safeguarding (Serbser-Koal et al. 2024). Therefore, financial abuse is a common form of elder abuse as the target is often an older person with cognitive impairment who is incapable of managing his or her financial matters. Indeed, it might seem that further details regarding the matter are overshadowed by Gemma’s fear or distress. Nurses should ensure that they are mindful of these signs and do all that is possible to prevent accidents that may occur to Andrew as well as trying to protect the unborn baby, Gemma.
While the NMC Code (2015) does provide clear direction on patients contradictory to their published information, expand upon their weight management plans and disclose any other treatments may have a nursing allegation lodged against them if they fail to do so. To this extent, nurses who are attending to Andrew have a legal requirement to report any suspicions of financial abuse (Sarathi and Deepa, 2021). He has to be very careful to follow security measures while at the same time be cautious with the family circumstances. Aside from that, nurses should gain Gemma’s confidence to make her disclose more information to them. They can seek required assistance and management since they can relay the gravity of the circumstances to the management.
The Care Act (2014) therefore requires mandatory reporting of abuse for health care personnel under the contexts of their practice with adult vulnerable persons. This means that the financial abuse is legally acknowledged as one of the guarding of the adults and the intervention when it is needed. Nurses in this scenario have knowledge that there is possible financial abuse on Andrew, therefore they should report the case to social services (Aspinwall‐Roberts et al. 2022). They will also proceed to make a safeguarding referral to check whether Andrew and Gemma’s situation can be intervened by the right authorities and ensure that the former is assisted accordingly. The Act also puts into consideration multiple agencies planning, which entail that the nurses must consult with the social workers and safeguarding staff to arrive at the plan for caring for Andrew while addressing Gemma’s complaints.
This essay has looked at three areas of concern in Andrew’s care, they are legal aspects, ethical issues and vulnerable adult protection. The law covers the individual’s best interest for decision making, through the Mental Capacity Act (2005), as well as ensuring protection against financial abuse by Care Act (2014). The following laws provide nurses with principles that assist in determination of best interest for the patients and reporting of safeguarding issues.
Another ethical dilemmas revolve around conflicts between patient’s independence and security in relation to the patient Andrew. The staff should respect his rights at the same time as they attend to the needs of the patient. According to the NMC Code (2015), the best practice in professional working relationships with patients includes patient-centered care, dignity as well as accountability. In this particular case, good communication practice with Gemma should be observed in order to address her concerns and be of assistance to her as a caregiver.
It is imperative that Andrew is safeguarded from his condition given that he is suffering from dementia while safeguarding is needed by Gemma since she is distressed. Nurses are able to recognize risk and promote MDT working. Public awareness, implementation of protective measures and encouraging the rights of patents is very important in ensuring the patients receive the best solutions. This can be done if nurses interrogate these issues at the onset in order to guard frail and other at-risk populations and uphold nurse ethics and character.
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