HEALTH AND SOCIAL CARE

Legal and Ethical Aspect of Health and Social Care



Legal and Ethical Aspect of Health and Social Care

Introduction

The profession of health has always attached great importance to ethical requirements related to their work. Two main approaches have been developed to schematize health ethics: the ethics of virtue and ethical principles. The first approach asks for the attitudes that a person must possess to get to act as a good health care practitioner. The second goes the opposite way and inquire about the actions and principles to be respected for being a good professional. Nursing has been an activity that, despite the changes in its history, has always attached great importance to ethical requirements related to their work. The work of health care professionals has always been focused on the care of others. This action of care has changed over time and for this reason, the nursing profession has been designed differently in each historical period (Code of Conducts, 2010).

These professionals are quite often faced with ethics dilemmas and challenges in delivering health care services. However, to some extent, application of ethical values can be problematic especially when conflicting issues arise in cases time to time and nurses have to make decisions accordingly. Beyond professional matters, nurses' values differ greatly which compels them to be in conflict with the expected ethical behaviors in the profession (Ian, 2006). The paper discusses a starter cases and explores ethical dilemmas through an annotated bibliography to find out how various authors perceive nursing dilemmas and possible solutions to the same dilemmas.

The paper will discuss a hypothetical case of Bob and will evaluate the ethical and legal aspects of it along with appropriate action on the part of the health care practitioner (Agyapong, Kirrane, 2009, p.96).

Case

Bob has attended the genitourinary clinic at his local Trust hospital. Bob is seen by Dr Gomez who informs him that he is HIV positive. Dr Gomez counsels Bob to contact his sexual partners to inform them of his status. Bob starts a course of treatment. For the last 18 months Bob has been in a relationship with Sue. They are expecting a baby in 2 months time. Before this relationship Bob had a series of sexual partners (Raymond, 1998).

On a subsequent visit to the clinic it becomes clear to Dr Gomez that Bob has not told Sue of his HIV status. Dr Gomez is aware of the impending arrival of their baby and tells Bob that steps should be taken to assess whether Sue is HIV positive and whether the baby is at risk so that if necessary treatment may be started (Buccini, Iverson, 2009).

Bob adamantly refuses to tell Sue and says that if she is told without his consent then he will stop his course of treatment.

Ethical and Legal Considerations for Health Care Practitioner

There are several considerations that should be adhered being a health care professional

Autonomy

Autonomy refers to the right of patients to decide and make decisions about the medical treatments and decision without the intervention, ...