hsns206 Ethical and Legal Responsibility

Serom Lee, 220177090, Assignment 1 for HSNS206
Undertaking clinical placements is associated with dynamic challenges and unexpected
events. Nevertheless, the scope of practice that student nurses can participate in should be
clarified prior to the exposure to the clinical environments. Hence, among the significant aspects
of nursing responsibilities, in this essay the legal and ethical obligation with regards to privacy
and confidentiality of client’s information are highlighted. The instance of the client’s privacy
and confidential issues are discussed based on the understanding of legal and ethical conduct
expected of the registered nurse. Moreover, the importance of responsibilities and accountability
of a student nurse are examined.
The concept of the standard of care is central to meeting the expectation of a registered nurse and
understanding the role of a registered nurse in clinical situations (Berman et al., 2012, p. 69;
NMBA, 2016). The expectations of registered nurses increase the quality of responsible and
accountable nursing care. Furthermore, Levett-Jones and Bourgeois (2015, p35) emphasize that
these expectations also help nurses to carry out their daily duties safely and effectively. Most
importantly, the frameworks of person-centered care and evidence-based approach play a vital
role in achieving good client care (Nursing and Midwifery Board of Australia, 2016). The
registered nurse exercises decision making skills by using different reasoning approaches, which
are highly regarded as it contributes to the safe and quality outcomes of patient care (NMBA,
2016). However, nurses are liable by law for their own action depending on the decision they
made. Any harm or damage imposed on the client could put a nurse’s registration and career into
jeopardy (Berman et al., 2012, p79). Therefore, it is vital for nurses to practice and abide by the
sets of standard codes that maintain the integrity of profession. In order to become a competent
professional, the nurses should not fail to keep themselves up to date on institution’s policies,
procedures and the legislative requirements (Berman et al., 2012, p. 69).
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The next significant aspects incorporated in the standard of practice in the health care systems
are the legal and ethical issues. Berman et al. (2012, p. 96) support that nurses confront the
ethical care issues on a daily basis which happens at the client’s bedside. Johnstone, Da Costa
and Turale (2004) explain that some of the day-to-day direct care include performing invasive
procedures, taking a bed-bath, securing privacy and confidentiality, and ensuring client
autonomy. It is important to highlight that health professionals are obliged to safeguard the
patient’s information and privacy as mandated by government legislation. (Levett-Jones and
Bourgeois, 2015, p. 37)
One example of the confidentiality issues is the case of registered nurse Gemma Golden from the
case study. Gemma is involved in an ethical dilemma about maintaining client’s information.
Her client’s spouse insists on receiving the information about her husband such as hospitalization
process, the treatment and the doctor’s diagnosis over the phone. The dilemma is to what extent
the nurse can share the client’s information considering the legal and moral principles. First of
all, it is inferred from the statement of Government of Western Australian Department of Health
(n.d.) that disclosing the information of a client who is mentally competent to a third party may
only be carried out with consent. Failure to do this and giving the information of a client to a
third party constitute the tort of breach of confidentiality (NMBA, 2008). Additionally, Berman
et al. (2012, p. 77) state that registered nurses are not responsible for explaining the medication
treatment and procedure that a client will undergo. In other words, a medical practitioner or a
surgeon are the ones who are accountable for explaining a diagnosis. They also need to ensure
that the client understands the procedure thoroughly. Therefore, in this case nurse Gemma should
give careful consideration to the ethical management of information. For this reason, nurse’s
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motives for revealing confidential information should be beneficial to clients and therapeutic
communication should be involved (NMBA, 2010).
The codes of ethics established by NMBA (2008) and its companion, the code of professional
conduct for nurses in Australia are designed for multiple audiences, which infers that there is no
exception to student nurses. In other words, student nurses are fully accountable for their actions.
Therefore, student nurses should be aware of policies defined by hospitals and practice in
accordance with relevant policies, guidelines, standard, regulations and legislation (Berman et
al., 2012, p. 77; NMBA, 2016).
Although nursing students may perform in a narrower and limited scope of practice than the
registered nurse, it is strongly emphasized that nursing students hold liabilities to their actions
which is equivalent to the registered nurse’s duty of care within the clinical situations. For this
reason, the principal of delivering safe and quality care to patient should not be compromised by
student nurses. It is recognized that the nursing profession, including the registered nurses and
the student nurses, achieve the utmost standard of health care by acknowledging, respecting and
protecting the patient’s privacy: a fundamental human right.
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Reference
Berman, A., Snyder, S. J., Levett-Jones, T., Dwyer, T., Hales, M., Harvey, N., … Stanley, D.
(2012). Kozier and Erb’s Fundamentals of Nursing (2ne ed.). Vol. 1. Australia: Pearson
Australia Group Pty Ltd.
Government of Western Australian Department of Health (n.d.). Patient Confidentiality and
Divulging Patient Information to Third Parties. Retrieved from
http://www.health.wa.gov.au/circularsnew/attachments/234.pdf
Johnston, M., Da Costa, C., & Turale, S. (2004). Registered and enrolled nurses’ experiences of
ethical issue in nursing practice. Australian Journal of Advanced Nursing, 22(1).
Levett-Johnes, T., Bourgeois, S., (2015). The Clinical Placement (3rd ed.). Elsevier Australia:
Reed International Books Australia Pty Ltd.
Nursing and Midwifery Board of Australia (NMBA). (2008). Code of Ethics for Nurses in
Australia. Retrieved from http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-
Statements/Professional-standards.aspx
Nursing and Midwifery Board of Australia (NMBA). (2010). Professional boundaries for
nurses. Retrieved from http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-
Nursing and Midwifery Board of Australia (NMBA). (2016). Registered nurse standards for
practice. Retrieved from http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-

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Serom Lee, 220177090, Assignment 1 for HSNS206

Undertaking clinical placements is associated with dynamic challenges and unexpected

of a student nurse are examined.

procedures and the legislative requirements (Berman et al., 2012, p. 69).

patient’s information and privacy as mandated by government legislation. (Levett-Jones and

Bourgeois, 2015, p. 37)

communication should be involved (NMBA, 2010).

al., 2012, p. 77; NMBA, 2016).

protecting the patient’s privacy: a fundamental human right.

Australia Group Pty Ltd.

Government of Western Australian Department of Health (n.d.). Patient Confidentiality and

Divulging Patient Information to Third Parties. Retrieved from

ethical issue in nursing practice. Australian Journal of Advanced Nursing, 22(1).

Reed International Books Australia Pty Ltd.

Australia. Retrieved from http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-

nurses. Retrieved from http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-

practice. Retrieved from http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-

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