The following are the ethical principles:
Autonomy – The right of the patient to involve in shared decision making.
Beneficence – Related to doing good.
Non-maleficence – Related to doing no harm.
Justice – Equitable to the distribution of nursing interventions.
Accountability: according to the NMC Code (2018) 11 states that be accountable for your decisions to delegate tasks and duties to other people.
To achieve this, you must:
- Only delegate tasks and duties that are within the other person’s scope of competence, making sure that they fully understand your instructions.
- Make sure that everyone you delegate tasks to is adequately supervised and supported so they can provide safe and compassionate care.
- Confirm that the outcome of any task you have delegated to someone else meets the required standard.
Accountability, according to pennels, 1997 is a requirement that each nurse is answerable and responsible for the outcome of his or her professional actions.
According to cornock, 2011, to be accountable, a nurse should:
- Have the freedom (autonomy) and authority to be able to make a professional judgement on which actions to take.
- Based on their knowledge of the possible options and consequences of each.
- A registered nurse is accountable to a number of people and organizations when making a professional judgement.
- The Purpose is to ensure that the public and patients are not harmed and to provide redress for those who have been harmed.
I learnt about the difference between accountability and responsibility:
- Responsibility relates to the acceptance and carrying out of a task or duty within a person’s sphere of competence.
- Accountability can be defined as being required or expected to justify actions or decisions
(Sharples and Elcock, 2011).
- An individual has to ‘account’ to a person or an organization for their actions, omissions and decisions in carrying out a duty or task.
- In nursing, the question of to whom you are accountable will depend on whether you are a registered nurse or a student.
We further on discuss who is accountable and to whom. As a nurse, nurses are accountable to:
- The Public
- The Employer
- The Patient
- The Profession
Don’t forget, you are also accountable to yourself
- Through criminal law
- Through contract law
- Through duty of care and tort of negligence
- Through the Code of Professional Conduct.
As a student nurse, learning in practice will take place under the supervision of a registered nurse or other professional.
The registered nurse will:
- Assess your level of competence, knowledge and understanding before delegating a task or activity. It is very important that you inform the nurse if you feel any task delegated to you is beyond your level of competence.
- The registered nurse will remain accountable for the overall care to be delivered. If you accept responsibility for the tasks delegated to you, you will then become accountable for your actions, omissions and decisions in performing those tasks (RCN, 2017).
As a student, you can be held to account by:
- The university.
- The law, through your duty of care.
In addition;
- As a student, you are not accountable to the NMC; however, an ability to demonstrate compliance with the NMC Code throughout your course is essential and this will be monitored by the university.
- On successful completion of your course, your university will sign a declaration to the NMC that you are of good health and good character sufficient to practice without supervision.
- This supports your own self-declaration of good health and character when you apply to register with the NMC.
The following are professional misconducts. If found guilty of Professional Misconduct:
- Judgement may be postponed.
- Referral may be made.
- The nurse may be suspended.
- The nurse may be cautioned.
- The nurse may be removed from the Register.
Consent is a general legal and ethical principle that valid consent must be obtained before commencing an examination, starting treatment or physical investigation, or providing care.
This principle reflects the rights of a person to determine what happens to their own bodies or what shapes the care and support they receive.
According to Griffiths and Tengnah (2017), touching a person without consent is generally unlawful and will amount to trespass to the person or, more rarely, a criminal assault- therefore it has a legal purpose.
- The clinical purpose comes from the fact that in most cases the co-operation of the person and the person’s confidence in the treatment is a major factor in their consenting to the examination, treatment or physical investigation, or the provision of care.
- Permission to touch a patient through obtaining consent is an important defence to a claim of unlawful touching.
- When giving consent for a procedure, patients are entitled to expect that the nurse is qualified to carry it out.
Additional considerations can be in the form of valid consent and capacity to consent.
Valid Consent:
- For consent to be valid, it must be given voluntarily and freely, without pressure or undue influence, by an appropriately informed person who has the capacity to consent to the intervention in question.
- Some people may feel pressurized, by relatives or carers for example, to accept a particular investigation or treatment.
- Registered nurses should be aware of this, and of other situations in which people might be vulnerable, for example, those resident in a care home, or in prison.
Capacity to consent:
- Principles underpinning UK mental health legislation and mental capacity legislation support “assumption of capacity”
- That is, adults are presumed to have the ability to independently make decisions about and decide whether to agree to or refuse any aspect of their care, treatment and/or support.
- A person who has capacity is able to provide or withhold consent for examination, treatment and/or care.
- If an adult makes a voluntary and appropriately informed decision to refuse care, treatment and/or support, then registered nurses must respect this decision.
An individual can only be regarded as “lacking capacity” and unable to independently make decision regarding their care, treatments, or support. Only deemed as such if all practicable help and support has been provided.
The 4-point test of capacity:
– Is the person able to understand the information relevant to the decision?
– Is the person able to retain that information for the time required to make the decision?
– Is the person able to appreciate the relevance of that information and to use and weigh the information as part of the process of making the decision?
– Is the person able to communicate their decision (whether by talking, using sign language or any other means?)
If the answer to any question is no, then the person can be deemed to lack capacity
Whether the person has a particular condition is irrelevant to the question of whether they have capacity to make decisions in any matter.
For young people and consent, the following were mentioned:
- A young person under the age of 16 has the legal capacity to consent to medical examination and treatment, including contraception, if they have sufficient maturity and intelligence to understand the nature and the implications of that treatment.
- If a child is considered mature and intelligent by the nurse, they are known as Gillick Competent.
- The aim of the Gillick principle is to reflect the transition from child to adult.
- The degree of maturity depends on the gravity of the decision.
- Consent cannot be overruled by a parent.
For confidentiality, Individuals have the right to expect that any information they provide is used only for the purpose for which it was given and not disclosed without their permission.
- The nurse must keep this information confidential, no matter whether the patient has given the information or if the information was obtained from someone else – a family member, for example.
- The exception to this would be if you believed someone may be at risk of harm.
KSB ADDRESSED.
KNOWLEDGE:
K1: Understand the code: Professional standards of practice and behaviour for nurses, midwives, and nursing associates (NMC 2018), and how to fulfil all registration requirements.
K2: Understand the demands of professional practice and demonstrate how to recognise signs of vulnerability in themselves or their colleagues and the action required to minimise risks to health.
K3: Understand the demands of professional practice and demonstrate how to recognise signs of vulnerability in themselves or their colleagues and the action required to minimise risks to health.
K4: Understand the principles of research and how research findings are used to inform evidence-based practice.
K5: Understand the meaning of resilience and emotional intelligence, and their influence on an individual’s ability to provide care.
K6: Understand and apply relevant legal, regulatory and governance requirements, policies, and ethical frameworks, including any mandatory reporting duties, to all areas of practice.
K7: Understand the importance of courage and transparency and apply the Duty of Candour
K8: Understand how discriminatory behaviour is exhibited.
K12: Understand the importance of early years and childhood experiences and the possible impact on life choices, mental, physical, and behavioural health, and well-being.
K20: Know how people’s needs for safety, dignity, privacy, comfort, and sleep can be met.
K26: Understand where and how to seek guidance and support from others to ensure that the best interests of those receiving care are upheld.
K30: Understand the principles of health and safety legislation and regulations and maintain safe work and care environments.
K33: Understand when to seek appropriate advice to manage a risk and avoid compromising quality of care and health outcomes.
K34: Know and understand strategies to develop resilience in self and know how to seek support to help deal with uncertain situations.
K36: Understand the roles of the different providers of health and care.
K41: Know the roles, responsibilities, and scope of practice of different members of the nursing and interdisciplinary team, and own role within it.
SKILLS:
S1: Act in accordance with the Code: Professional standards of practice and behaviour for nurses, midwives, and nursing associates (NMC, 2018), and fulfil all registration requirements.
S4: Take responsibility for continuous self-reflection, seeking and responding to support and feedback to develop professional knowledge and skills.
BEHAVIOURS:
B1: Treat people with dignity, respecting individual’s diversity, beliefs, culture, needs, values, privacy, and preferences.
B2: Show respect and empathy for those you work with, have the courage to challenge areas of concern and work to evidence based best practice.
B3: Be adaptable, reliable, and consistent, show discretion, resilience, and self-awareness.