Friday, January 31, 2020
Reflective Account Values Essay Example for Free
Reflective Account Values Essay The first part of this Reflective Account describes what influences and events in my life have helped to develop my Personal Values. My grandparents taught me most of my basic ââ¬ËPersonal Valuesââ¬â¢. I learned from an early age how to be polite, have good manners and respect my elders as failure to do so would result in getting sent to bed early. In those days I did not have a television in my room so in my eyes this was the ultimate punishment! They were not deeply religious people; my grandmother attended church every Sunday and took me to Sunday school. At the age of twelve she gave me the choice as whether to attend or not. I did not attend but she still taught me the moral values of respecting myself, my body and how a female should/ should not behave in public and at home. As todayââ¬â¢s culture climate is changing towards how some young women behave e.g. children to several partners, going out barely clothed and getting themselves into all sorts of situations, I feel she was perhaps right in her teachings but when I say this to some of my nieces they tend to tell me Iââ¬â¢m a bit too old fashioned and theyââ¬â¢re glad Iââ¬â¢m not their mother. I do not have any specific religious values and I would not disagree or agree with anybody elseââ¬â¢s views, I hold the value of everybody being entitled to their own opinions and beliefs. I have passed all of these values onto my own child over the years and feel proud when people say what a polite and thoughtful man he is. A value that changed as I got older was one of ââ¬ËFirst Impressionsââ¬â¢. Again, my grandfather (who was a policeman) taught me that first impressions count but an experience in a local cafe showed me that this was untrue. An elderly gentleman who was often drunk and smelly used to come into the cafe and nobody, including myself would go near or speak to him. This day the only seat available to him was the one next to me. He started talking to me and I was astounded to realize that he was a very intelligent man, he was talking about things going on in the world and using words I had to ask the meanings of. I now use the value ââ¬ËDonââ¬â¢t judge a book by its coverââ¬â¢. A very important value which I learned was that of ââ¬ËFamilyââ¬â¢ values. Coming from a small dysfunctional family where there was no real closeness I married into a large family where they all lived in one anotherââ¬â¢s pockets. I learned all about honesty, trust and support in the family circle, how they were all there for each other, supporting each other through the good and bad times regardless of the consequences. When I divorced my sonââ¬â¢s father, his familyà supported both of us so my son had the best of both worlds, time with me and time with his father. I did not have this as a child, I did not see my father unless he was on a sober day and I never saw my mother until I was sixteen years old. I find this value very high on my list of personal values and have tried to pass this on to my son as he is about to become a father himself. Overall I have an open mind and I am willing to learn and compromise, maybe change a particular value or belief depending on th e role and situation I am in at the time, which takes me on to the second part of this reflective account. The second part of this reflective account describes how my personal values relate to social care values. As a social care worker I must follow the guidelines and key concepts as laid down by the Scottish Social Services Council (SSSC). This council was formed in October 2001 by the Scottish Government and aims to raise the standards in the field of Social Care Services. They have laid down ââ¬ËCore Valuesââ¬â¢ which underpin Social Care conduct. These ââ¬ËCore valuesââ¬â¢ are Dignity, Privacy, Choice, Safety, Realising Potential and Equality and Diversity. I believe that everybody has freedom of choice. We all make choices, whether it be what we wear, eat, what career path we choose to follow. Our choices can be endless but can also be limited. Limited choices can be because of things like finances, availability or circumstances, other choices depend on health, safety and danger to ourselves or to others. In my role as a social care worker I have a service user who has complex, additional needs and also uses a wheelchair. This user has the choice to use their wheelchair and can work the back brakes managing to get around the classroom at any time. This makes it difficult for us to manage the rest of the class as the user has no sense of danger and could possibly harm or put other class members in danger. We therefore have to take away the userââ¬â¢s choice of chair as we need to keep them and the rest of the class and staff safe and free from harm. This example shows that conflict can arise between the ââ¬ËCore valuesââ¬â¢ of ââ¬ËPromoting Choiceââ¬â¢ and ââ¬ËKeeping People Safeââ¬â¢ Privacy is not just a case of liking your own company or keeping private matters to yourself. I like my own privacy, having time to myself gives me the chance to gather my thoughts or just chill out in my own way. I can choose what I want people to know about me without fear, prejudice or being discriminated against. Privacy in Social Care often works alongside Dignity. Dignity is a value which varies from person to person. I myself on going to the bathroom would lock the door so that no one else comes in, another person might not bother, and for some people, they may be unable to do so. In Social Care a service users Privacy and Dignity must be preserved at all times. This means that when I support a user dressing/ undressing I must take them to the bathroom (as it is a school the bathroom is the only place for the user to do this as the door locks) maintaining their dignity and privacy. As well as respecting their dignity I also have to ensure that their private personal details are kept private from outside sources. Any written information such as care plans or medical records would be locked away in the filing cabinet in the Headmistresses office. Another aspect of privacy would be confidentiality. In my role as a social care worker I would hopefully have the trust of the user soââ¬â¢s that they could speak to me about anything, if I had any concerns that they would harm or put themselves or others
Wednesday, January 22, 2020
Essay --
Sigrid Axelsson SP3A Philosophy 1 Philosophy of language; Essay Question # 4 This essay will specifically try to answer question number; 4) What is the meaning of ââ¬Ëin the headââ¬â¢ (ideational)? How does Wittgensteinââ¬â¢s beetle box through experiment suggest otherwise? The meaning ââ¬Å"in the headâ⬠is ideational and the Wittgenstein beetle box theory supports that everything is created in the head and is ideational, but not that everyone has the same concept of reality. Is the meaning ââ¬Å"in the headâ⬠(ideational)? Ideational is when an idea pops up in oneââ¬â¢s head and a light bulb is switched on within the person who has the ideational moment in the mind. Yes, ââ¬Å"in the headâ⬠is referring to the ideational theories where a sentence or a word is, as an example ââ¬Å"in the headâ⬠is referring to the metal image of the inside of the head that is created in the brain when the word or sentence of ââ¬Å"in the headâ⬠is seen and heard by the human being. This is seen with Lockeââ¬â¢s explanation, that when the word red is seen or heard, the brain portrays redness as the metal image within the brain, and th...
Tuesday, January 14, 2020
Death of a Salesman Essay
In 1949; whilst America saw the culmination of anti-communist feelings, fear of the unknown and the general hysteria which stemmed from the Cold War against Russia; playwright Arthur Miller published what was seen to be a personal criticism of the American way of life, his play, ââ¬Å"Death of A Salesmanâ⬠. Death of A Salesman tells the story of Willy Loman, a lowly salesman slowly being estranged from society and increasingly led into confusion by his attempts to escape his own failure brought about by the great American Dream he has served so loyally. It was for this play Miller was brought in front of HUAC (house un-American activities committee) and charged with undermining American Values. Miller defended himself by claiming he simply aspired to ââ¬Å"show the truth as [he] saw itâ⬠. It is because Miller insisted on adhering to realism, that he chose a normal, ââ¬Å"Lomanâ⬠, or literally, low man, to be his Tragic Hero. In doing so, Miller broke one rule- that of Aristotelian tragedy, which demands a ââ¬Å"nobleâ⬠hero, of high birth; and simultaneously abided by another, the rule of a Modern Domestic Tragedy which requires an ordinary personââ¬â¢s story to be told. Whilst Milton would have deplored this ââ¬Å"introducing of trivial and vulgar persons [into tragedy]â⬠, Miller dismissed all criticism of his choice of hero, demanding his accusers to recognise ââ¬Å"it matters not whether the hero falls from a great height or a small oneâ⬠, or as Linda puts it, ââ¬Å"heââ¬â¢s not the finest character who ever lived. But heââ¬â¢s a human being and a terrible thing is happening to himâ⬠the importance then, lies in the way and reason for which the character falls. Willy does, however, comply with both the moulds of an Aristotelian tragedy and Modern Domestic Tragedy in that he suffers from a Hamartia which results in his fall from grace and eventual death. Most critics and audiences identify Willyââ¬â¢s Hamartia as his Hubris, his over inflated sense of self-worth and pride, which means he refuses help even as he becomes increasingly lost. However, a few critics complain that Willy cannot be a tragic hero, as he does not have one fatal flaw but many which combine to bring Willy down. This idea, as expressed by Thomas Adler, Ruby Cohn and others rests on the existence of other factors in Willyââ¬â¢s life, Willy is not only proud, but stupid, cursed with the wrong dreams, lacking in vision and most of all weak. It is this weakness which prohibits him from escaping the ââ¬Å"Jungleâ⬠of the American Dream, meaning he dies within it; a result of it and as a sacrifice to it, hoping that his death will reveal the ââ¬Å"diamondsâ⬠he seeks. Willyââ¬â¢s actual death in Death of A Salesman is not shown on stage, but rather, it is symbolised by the ââ¬Å"sound of a carâ⬠¦moving away at full speedâ⬠then the ââ¬Å"crash[ing] down [of music]â⬠which in turn morphs into ââ¬Å"a dead marchâ⬠, not explicitly showing the morbid act, but implying it heavily enough for the audience to be in no doubt of its occurrence. It is typical of a Modern Domestic Tragedy death not to occur in front of the audience. The music in this ââ¬Ëdeath sceneââ¬â¢ is poignant, powerful and very implicit to the plot, without it the audience would not know of Willyââ¬â¢s death. Music runs throughout the play as a catalyst through which Miller makes the subtler, unspoken ââ¬Å"presencesâ⬠or emotions known. Take for example the fluteââ¬â¢s melody which serves as both a melancholy theme tune to Willyââ¬â¢s failings and a musical embodiment of his estranged Fatherââ¬â¢s ghost, who ââ¬Å"made more in a week than a man like [Willy] could in a lifetimeâ⬠. The flute embodies both these roles in ââ¬Å"Requiemâ⬠. First, Willyââ¬â¢s failings are made clearer than ever as Linda starts to truly mourn her husband and elicit an impossible last goodbye from him. Second, flute also shows Willyââ¬â¢s fatherââ¬â¢s presence because we know it is from his father that Willy got the ââ¬Å"wrong dreamsâ⬠which drove him to the grave Linda sits by. It is perhaps important to consider the role of ââ¬Ëghostsââ¬â¢ or past figures which appear throughout the play. Ghosts and figures from the past litter tragedy throughout the centuries. Indeed, the oldest surviving complete tragedy, Aeschylusââ¬â¢s Persians (472 BC) features the ghost of the dead King Darius returning from the past to cast judgement over his son Xerxes, whom he deems to be failing in his role and pursuing the wrong dreams. This is not unlike the mocking presence of Willyââ¬â¢s own father and his brother Ben, both deceased who continue to taunt Willy with dreams he cannot achieve. Willyââ¬â¢s suicide is at once self-congratulating, misguided and selfless. He wants to escape the feeling he is ââ¬Å"temporaryâ⬠by truly leaving something behind, ââ¬Å"something one can feel with the handâ⬠. This something is his ââ¬Å"diamondâ⬠of the $20,000 insurance money, which will make him a ââ¬Å"heroâ⬠for Biff to ââ¬Å"worshipâ⬠and helping Biff to start up a business of his own. Requiem holds no answers as to whether the premium was paid and through this and the melancholy despair that runs through the final scene, Miller shows how pointless Willyââ¬â¢s death truly was. No matter how much money he leaves behind, it will never compensate for the loss the family has to endure. Linda cannot even understand his motives and Happy encapsulates the mood when he declares ââ¬Å"There was no necessity for itâ⬠. A sad twist of irony is Biff making it clear he is moving away. Thus, he would never have used the money anyway. This shows the true uselessness of Willyââ¬â¢s death and also his fatherââ¬â¢s lack of understanding of his own son, who from the start is happiest in the open ââ¬Å"playing around with horsesâ⬠. However a sadder twist is Happyââ¬â¢s utter unwillingness to learn from his fatherââ¬â¢s mistakes, and despite declaring ââ¬Å"Willy Loman did not die in vainâ⬠he goes on to prove the opposite, promising to ââ¬Å"win it for him [Willy]â⬠. The Requiem shows Willyââ¬â¢s final delusion shattered. There is a simple answer to Lindaââ¬â¢s piteous, ââ¬Å"why did nobody come? â⬠The answer is that Willy was not, contrary to what he claims time and time again, ââ¬Å"knownâ⬠, because he has not changed with the times, and the old values he clings to do not make a man ââ¬Å"knownâ⬠or ââ¬Å"a successâ⬠at all. Evidence of Willyââ¬â¢s failure to change with time can be traced back to, as Richard T. Brucher puts it, Willyââ¬â¢s ââ¬Å"unexpected, marvellingly innocent questionâ⬠: ââ¬Å"How can they whip cheese? â⬠Such a simple statement exemplifies his static approach to modern life; he wants everything to return to the ââ¬Å"great daysâ⬠and is unwilling to change anything, least of all his expectations and aspirations. Irony is another key feature of a Modern Domestic Tragedy and Lindaââ¬â¢s last lines, her mantra of reassurance, ââ¬Å"Weââ¬â¢re Freeâ⬠¦ Weââ¬â¢re freeâ⬠is more heavily laden with irony than any other line of the play. The lines are applicable in so many different ways, not only the upfront meaning of the family being free from debt. They also despondently relay Millerââ¬â¢s message that if you live following the American Dream and have consumerism as your only moral compass and religion, then the only way to free yourself is to die. A much more cynical view of Lindaââ¬â¢s words, as proposed by D. L. Hoeveler, suggests they epitomise the familyââ¬â¢s darker subconscious thoughts, that now Willy is gone, they no longer have to continue on the paths they were forced down. They are ââ¬Å"freeâ⬠of the burden Willy placed on them. However, the earlier events show that despite no longer being pushed down the path of the American Dream, Happy will continue to pursue it, so this interpretation too is heavily ironic. As for Linda, being ââ¬Å"freeâ⬠from the burden of Willy is certainly not what she would wish for, after all she ââ¬Å"more than loves himâ⬠and even his ââ¬Å"little crueltiesâ⬠do not change this. She needs to look after Willy so that she has a purpose and an aim. The play ends as it began, bringing the action back to the beginning and lending a continuous rhythm to the play, with Lindaââ¬â¢s anxious disconcerted calling to the deceased Willy, mimicking her trepidation in the opening scene when Willy enters. It is the flute which opens and closes the play. Everything reverting back to the way the play started shows how insignificant Willyââ¬â¢s death really is. Capitalism does not crumble, life goes on. It is here that I believe Modern Domestic Tragedies are flawed, where Shakespearian ones are not. When Macbeth dies, the audience is certain that his Kingdom will mourn his loss, however warped he was, he was still their King. There will be a ââ¬Å"massiveâ⬠funeral, of the sorts Willy dreams of, and a Kingdom-wide expression of collective grief. It is this grief that I believe provides the catharsis of emotion for the audience, they know his death will continue to be felt after they leave the theatre and this assurance brings closure. This closure however, does not exist in Modern Domestic Tragedies. Willyââ¬â¢s death will go unnoticed by most, and this does not bring significant catharsis to the audience. There is no final completion of raw emotion. To support my view I can only offer the words of Shakespeare himself, ââ¬Å"The poor beetle on which we tread In corporal sufferance feels a pang as great As when a Giant dies. ââ¬Å"
Monday, January 6, 2020
Law of ethics in nursing and health - Free Essay Example
Sample details Pages: 8 Words: 2545 Downloads: 2 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Did you like this example? Brief 211982 In order to answer this question, one must assess and consider the law relating to ethics within the health professions for nurses and midwives. This will require a particular emphasis on the ideas and structures of the legal responsibilities that a midwife or nurse have to face on a daily basis through their response to a patient reporting alleged abuse whilst at work. This will require a conceptual analysis of the ethical ideas of non- maleficence[1], beneficence[2], autonomy[3], and confidentiality. Donââ¬â¢t waste time! Our writers will create an original "Law of ethics in nursing and health" essay for you Create order This in turn will apply to the rights of the patient. According to the scenario, a qualified nurse was informed, whilst on placement in a childrenââ¬â¢s unit, that another member of staff was being too rough with a patient and was also being rude. The patient did not wish for anyone else to be informed of it as she was worried about the repercussions and did not want to make a fuss. There is clearly a number of important issues that arise in this scenario, both legally, morally and ethically. A qualified nurse or midwife is held accountable both legally and ethically for their actions. In terms of a nurseââ¬â¢s legal accountability, they are bound by the regulations of statute law, the common law, and any binding European intervention. This is also subject to the law that is specifically aimed at nurses and/or midwives, as well as the professional code of conduct that binds all nurses, midwives and specialist community public health nurses. It is important to demonstra te the law that binds all individuals in everyday circumstances. In this particular scenario it is clear that two distinct areas of law are involved. These being the law relating to the tort of trespass to the person and the criminal law act of assault. Accordingly, the tort of trespass can be divided into a battery, an assault or false imprisonment. Clearly, in this scenario the elements of particular interest are that of battery and assault. Accordingly, a battery is the direct and intentional application of physical force to the claimant by the defendant, without having lawful justification to impose the force. Thus, the claimant must show that the defendant intended to touch him and that the touching was the direct result of the defendantââ¬â¢s actions. This in turn must be seen as a positive act and the defendant must not be labouring as an automaton. Equally, an assault must be an act that causes the claimant to directly and intentionally fear that a battery will be immedia tely inflicted on him by the defendant. Thus, the claimant must be in fear of an imminent battery[4]. Thus, according to the scenario, it would appear that the other member of staff has by acting in a rough manner, committed the tort of either assault or battery. It is clear from this that the patient has suffered at the hands of the other member of staff. It is worth noting that the tort of battery or assault is punishable by the claimant suing the defendant. Thus, the patient will need to issue legally proceedings against the other member of staff. As mentioned above, the tort of assault or battery is also a criminal offence. The criminal offence of assault or battery to be substantiated, the prosecution must prove beyond a reasonable doubt the actus reus[5], the mens rea[6] and the absence of a valid defence. The actus reus and mens rea are specific to the individual offence. According to the common law, the actus reus of common assault is that the victim was caused by the defend ant to fear unlawful force by used. This means that the victim is fearful of being touched. The mens rea for assault is that the defendant intended or was subjectively reckless as to the victim fearing the unlawful force being used. This means that the defendant intended the victim to be in fear or was reckless as to that consequence. It is arguably clear from the brief outline from the scenario that the patient has been unlawfully touched by the other member of staff. Due to her raising her objections to the qualified nurse this would indicate that she is in fear of it happening again. Although she has said that she does not want to make a fuss or report it to anyone else, it is clear that she would prefer it not to occur again. Thus, the patient would have recourse to the criminal law if she was of a mind to report the incidents to the police. According to section 39 of the Criminal Justice Act of 1988, ââ¬ËCommon assault and battery shall be summary offences and a person guilt y of either of them shall be liable to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding six months or to bothââ¬â¢. Thus, if the patient wishes to proceed to charging the other member of staff with assault, the other member of staff will be tried at the Magistratesââ¬â¢ Court. However, if the unlawful assault is not deemed to be at a satisfactory standard then the patient can still pursue the matter under the criminal law. It is therefore worth noting the definition of a battery[7]. According to the common law[8], a battery is committed when the defendant touched or force was applied to the victim, and the defendant intended that such force or touching be administered or was subjectively reckless as to the force or touching being administered. It is clear from the brief outline of the scenario that the other member of staff has acted in a manner likely to constitute a battery as the patient has suffered unwarranted touching and/or fo rce being applied. It is also clear from the above statutory extract of section 39 of the Criminal Justice Act of 1988, that a battery is to be treated as a summary offence and thus tried by the Magistratesââ¬â¢ Court. It is worth arguing however, that the unwarranted touching and/or assault may have been administered due to the legal concept of necessity. This is a concept that can act as a defence, and is used when it is deemed in the individualââ¬â¢s beneficence to act in that particular way. Thus, if the member of staff had reason to believe that the patient needed any treatment that could be in her best interests then they may administer it. However, it is also worth noting that the conduct of the other member of staff, if acting under necessity, could give rise to a separate dispute under Article 8 of the European Convention on Human Rights and Fundamental Freedoms of 1950. This enshrines the right to respect for private and family life. It is clear from this right th at the privilege against being touched is enshrined within Article 8. The legal question that forms the basis of this right is why should another individual have the right to touch another? Thus, according to the case of St Georgeââ¬â¢s Health Care NHS Trust v S[9], the right not to touch another individual is deemed to be the right of body integrity. This supersedes the doctrine of necessity due to the idea that body integrity is protected by law. Thus, even if the other member of staff can demonstrate that it was necessary to touch the patient, they are still accountable for the battery and/or assault in both tort and criminal law. This is also due to the idea of competence. The imposition of the breach of Article 8 will only aggravate any criminal sanction, as well as an increase in any damages claimed in the civil courts. The next important consideration in this scenario is the moral and ethical issues that the other member of staff being rough and rude brings up. It is cl ear from the values in medical ethics, which have been identified by Fletcher and Buka in 1999, that several items of potential conflict arise with the other member of staffââ¬â¢s conduct. It is clear from the identification of these values by Fletcher and Buka that they play a vital role in the development in medical ethics. As stated above, Fletcher and Buka identified and developed the principles of non-maleficence, beneficence, autonomy, confidentiality, justice[10], truthfulness and honesty[11], and dignity[12]. It is clear from the brief outline of the scenario that the conduct of the other member of staff touches on most of these ethical principles. Due to the idea of not doing anything to harm the patient, the medical practitioner needs to weigh this requirement against the need of necessity. Again the other member of staff could argue under paragraphs 2.2 and 3.8 of the Nursing and Midwifery Council[13] code of professional conduct: standards for conduct, performance and ethics, that the patient needed the treatment, that involved being rough, administered. These paragraphs state ââ¬ËYou are personally accountable for ensuring that you promote and protect the interests and dignity of patients and clients, irrespective of gender, age, race, ability, sexuality, economic status, lifestyle, culture and religious or political beliefs[14]ââ¬â¢ and ââ¬ËIn emergencies where treatment is necessary to preserve life, you may provide care without consent, if a patient or client is unable to give it, provided you can demonstrate that you are acting in their best interests[15]ââ¬â¢. These clearly show that if a nurse or midwife can demonstrate that they are acting in the best interests of the patient then they are permitted to act without fear from the professional conduct committee. However, as already identified above necessity in a medical situation does not act as a defence in law. This is due to the principal of competence and bodily integrity. However, if the other member of staff can not show that they acted in the patientââ¬â¢s best interests then they have acted contrary to the idea of non-maleficence. This will be punished by the professional conduct committee if it is proven. This is of course a crucial point as the patient may have a propensity to make up allegations that are ill founded. The next important consideration in the idea of ethics is the idea of beneficence. As mentioned above beneficence is where a medical practitioner is believed to always act in the best interests of the patient. This again encompasses the idea of necessity. It is important to note that the other member of staff will need to demonstrate that they acted under necessity. It is worth noting that this requirement could arguably be in conflict with the notion of non-maleficence, as it maybe in the patientââ¬â¢s best interests to do something that could cause them harm. However, it is worth noting that the ethical concept of benefi cence is not an absolute obligation like non-maleficence. If the other member of staff has not acted in a manner that could be classed as necessity, then they are liable not only under paragraphs 2.2 and 3.8 of the NMC code of professional conduct: standards for conduct, performance and ethics, but also under paragraphs 1.2 and 8. This again will be subjected to the professional conduct committee. The next important consideration is the ethical concept of autonomy. As mentioned earlier this is the belief that a patient has the right to refuse any treatment suggested. This is clearly in line with the legal argument of body integrity. It is arguable that this is a bigger component in the ethical web than the idea of beneficence. This is due to the idea that a patient has the right to refuse treatment and the medical practitioner has an obligation not to do anything to harm the patient. As the patient has the right to refuse treatment, it is clear from the brief outline of the scena rio that the other member of staff has no justification to impose harm to the patient even if it could be classed as being in the patientââ¬â¢s best interest. Again the other member of staff could be made to account for their conduct towards the patient. This is providing that the patient wishes to take the matter further and it can be proved that they have acted contrary to the code of practice and medical ethics. However, this concept must be based and argued against the beliefs of the majority view. This is a different notion to raise, however, when it comes to individual rights. The final considerations under medical ethics is the notions of confidentiality which in part encompasses the other ideas of truthfulness and honesty. The idea of confidentiality is where the patient discloses something to a medical practitioner in trust. This is also held dear in paragraph 5 of the NMC code of professional conduct: standards for conduct, performance and ethics. It is clear from th e brief outline of the scenario that the patient has told the registered nurse this information in confidence as the patient does not want to make this information public. There is arguably a case where the registered nurse must act in a trustworthy and honest manner. This is also embodied in paragraph 7 of the NMC code of professional conduct: standards for conduct, performance and ethics. It is clear that if the registered nurse was told by the patient not to mention the allegations of rough behaviour, then they are bound by the duty of confidentiality towards the patient. If the registered nurse breaches this obligation then they will be held liable by the professional conduct committee. It is also worth noting that if the patient does not wish to pursue this matter any further, then the registered nurse may wish to watch the other member of staff in anticipation of this action occurring again. In conclusion, a nurse is legally and ethically accountable for their actions. A ccordingly the other member of staff is liable under both the law relating to the tort of assault and/or battery and the criminal offences of both assault and battery. They are still deemed liable even if they can demonstrate that they acted due to a necessity to prevent a greater harm. Equally, the ethical standards of non-maleficence and beneficence, unless the other member of staff can seriously demonstrate that it was necessary to touch the patient, have been breached. The idea of autonomy has to be based against the majority view. The professional conduct committee would have to weigh this according. In terms of the registered nurse, if they breached the duty of confidentiality then they are also liable to the professional conduct committee. Footnotes [1] The Latin for which is ââ¬Ëprimum non nocereââ¬â¢ which means ââ¬Ëfirst, do no harmââ¬â¢. [2] The Latin for which is ââ¬Ësalus aegroti suprema lexââ¬â¢ which means a ââ¬Ëpractitioner should act in the best interest of the patientââ¬â¢. [3] The Latin for which is ââ¬Ëvoluntas aegroti suprema lexââ¬â¢ which means ââ¬Ëthe patient has the right to refuse or choose their treatmentââ¬â¢. [4] Thomas v National Union of Mineworkers [1985] 2 All ER 1. [5] This means the ââ¬Ëguilty actââ¬â¢. [6] This means the ââ¬Ëguilty mindââ¬â¢. [7] R v Taylor, Little [1992] 1 All ER 708. [8] Haystead v Chief Constable of Derbyshire [2000] Crim LR 758, held obiter that battery was a common law offence. [9] [1998] 3 All ER 673. [10] This is defined as the usage of limited resources. [11] These are usually combined with the notion of informed consent. These were crucial elements in the Doctorââ¬â¢s Trial at Nuremberg. [1 2] This has the ordinary English meaning. [13] Hereinafter referred to as ââ¬ËNMCââ¬â¢. [14] Paragraph 2.2. [15] Paragraph 3.8.
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