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Unit 3 Understanding Law & Ethics Assignment Level 3

3298Downloads1 I Published: 22 Apr ,2020

Introduction

In nursing practices, there are various aspects that are associated that seems essential enough to be involved so that all the processing of the operations and services can go in an efficient and appropriate manner. Some very well known and basic aspects involve the analysis and understanding of the ethics, law and other factors that leads to maintenance of professionalism in various different nursing practices (Green and Karolides, 2014). The report is about analysing a case. The case study to be used in the report is that a fellow student has made some derogative and irrelevant comments on a Facebook post. So, it involves the discussion about the actions and preventive measures to be taken in order to control such actions.

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Immediate action

The immediate action that could be taken is that the person should be made aware of the fact that it is completely unacceptable to pose any remarks regarding anything, whether it would be the colour, age, gender or even the way of teaching of someone. It is not acceptable because a few disrespectful or derogative comments about anyone can have a negative impact on the image of the person and that might affect their way of living and dealing with the situation as well. In nursing practices, it is very important to ensure that every single person is aware of the laws so that they might not get indulge in any such activity that can seem harmful for any other person (Rudge, 2015). There are various laws and policies that have been developed by the Australian government in order to avoid any such complications in the nursing practices so that they can keep their focus on providing an efficient quality of treatment to the people, thus making lives better and healthy.

As the fellow student has been commenting negative and disrespectfully, the law of defamation can be taken as the immediate step. As per the law of defamation, it helps in protecting the reputation of the person from false comments or ideas of anyone. So, the fellow student who was going very derogative about the lecture, it can be applied for the same. It is because it is completely OK if a person is not satisfied with the thoughts and ideas of some other person but on the basis of that, making irrelevant comments on that is not acceptable because it affects the fame as well as can effect the behaviour of the person. Also, it can lead to depression and other related complications (Morton, Fontaine and Gallo, 2017). So, the law of defamation can help the lecturer to stay prevented from any unfair attack such as the disrespectful comments made by the student etc. The law also helps in hampering the free speech so that the higher authorities such as lecturer etc. of the nursing practice can stay prevented from scrutiny. There are two types of defamation, one is the oral and the other is published. The student made comments on a Facebook post and they were threatening and disrespectful as well, so this can be considered as published defamation, which is also known as libel (Witney, Joyce and Vicki, 2015). So, for slandering the law, the teacher can file a complaint against it and the student can then receive a legal notice. Also, the student can get a legal letter by the lawyer of the lecturer to remove the matter as soon as possible.

Subsequent actions

There are various subsequent actions that can be taken by the lecturer in order to avoid any such issues in the future. The internet is not considered as a liability free zone because it takes no time to the broadcast of some specific comment of some person. So, a comment on some specific page does not mean that it will remain to them only. It can be shared, liked, unlike by an enormous number of population. So, the fellow student who mage false comments regarding the lecture of the lecturer should be aware of the fact that they have to face liability because of that. Also, the student can remove the comments and reply a sorry comment on the behalf of that. Also, the nursing care can make involvement of various factors that can help then in avoiding the same incidents in the future (Forrester, 2017). A very common example of this can be considered as the fact that if the nursing care can make everyone aware of the policies, legislations etc. then the employees, nurses can also ensure that they may have to go through the consequences of this. It is because there may be the possibility that the ideas and views of two individuals does not match, but making derogative and threatening comments on the basis of that is completely not acceptable and the persons found guilty may have to pay huge penalties. Also, the punishment can lead the person to go behind the bars as well.

To prove the defamation, there should be sufficient amount of proof so that it can be proved that someone has actually tried to defame. The nursing care centres can also organise a variety of sessions in which they can help the nurses and employees to know the importance of ethics and professionalism in the nursing practices. These elements play a very important role while dealing with the operations and services of the nursing care. Professionalism in nursing covers various aspects such as non biased care for the individuals, respect, a positive attitude, team work etc. So, the nurses as well as the other team members, students must ensure the fact to maintain a balance between all these factors so that it can lead the nursing care centres to achieve all their targets and goals at a much faster rate. The fellow student who commented negative and posted threatening and disrespectful comments on the Facebook post about the lecturer can also be understood that it is not the way to show the hatred or disrespect and this can also lead to various further complications. So, it is better not to make use of any such methods, rather include ways such as helping, advising and suggesting more efficient ways that can help.

Applicable sections

Maintaining the standards

In managing the nursing practices, one of the essential factor is that the nurse should be aware of the ways to maintain the actual standards. It is important so that there should not be any delay or compromise in the way the patient is to be treated. Also, the involvement of technology can prove as a beneficial factor (Buka, Davis and Pereira, 2016). Various modern and advanced scientific factors can also be included so that an efficient amount of care and treatment can be provided to the patients. The fellow student who posted irrelevant comments should also be guided about the standards and policies so that they should stay aware that such actions can lead to further complications and can get legal as well. Also, there should be an efficient relationship and interaction between the people involved in the nursing practices. It is because having a good interaction with all the students and authorities is considered as very essential to stay fresh and motivated towards achievement of the goals.

Code of Ethics

It is also advised to make use of the ICN code of ethics and not only for the nurses, but also for the students practising nursing. So, all the centres of the nursing care and practices can make sure to involve the ICN code of ethics so that it can help all of them to stay aware of all the standards and essential ways such as being in professionalism while performing the operations etc. It is important because it will help them in maintaining a balance between the functionality of the services (Green and Karolides, 2014). Also, the centres of the nursing care and practices can involve various opportunities for the students, lecturers and nurses so that it can help in fostering their competencies to a huge extent so that it can help in promoting the positive influence of the values that are being used. So, these functions can be considered as essential ones that play a very important role in maintaining a balance with the functionality of the operations and services that are being used in the nursing practices.

APHRA'S social media policy

This code of conduct helps in providing standards for the professional behaviour that can be implemented by the nurses and the staff. It is because this helps in maintaining the professionalism in the nursing practices (Witney, Joyce and Vicki, 2015). So, the code of conduct also provides professional standards that are to be implemented in each and every care centre involving the nursing practices. There are various obligations as well on the advertisements of the promotion of the health care services. Whether it is through the means of social media or advertisements, it should follow the basic guidelines and standards and do not violate nay of the factor.

NMBA's code of direct nurses

As per the nursing and midwifery board of Australia, it helps in providing various standards, codes that can further promote a safe and professionalism in the nursing practices. NMBA helps the nurses and midwives to understood the new needs and requirements that are to be changed in order to bring a sort of modification and improvement in the whole system of the operations and services of the nursing practices (Morton, Fontaine and Gallo, 2017).

Possible legal and future implications of the action

The action that has been taken by the fellow student that they have made derogative, disrespectful and threatening comments can actually have a very negative impact on the person or victim. Libelling the law or making unfair comments about a person is completely not acceptable at all (Green and Karolides, 2014). It can have various legal implications as well on the person guilty. As the fellow student has made derogative, threatening and disrespectful comments on the Facebook post about the lecturer, the lecturer here holds the right to sue the student. It is because the comments can be act responsible for affecting the popularity and reputation of the lecturer. In the nursing practices, it is very important to consider the ethics, professionalism and laws because if all these are to be kept in mind, it can help in decreasing the rate of such incidents (Arnold and Boggs, 2015). Out of the libel and slander, the fellow student can be charged under the libel because commenting on the Facebook post is termed as a form of written communication. Either the chances to go in prison are less but the fellow student has to pay a huge penalty amount to the lecturer if they have made a complaint against it.

On the basis of these comments, the lecturer holds the right to sue the fellow student. Also, along with these legal implications, it can throw a huge impact on the person itself. As in such cases, there are high chances of the person getting through issues like depression etc. Although there are some strong personalities as well that do not get much affected by it but some gets affected as well. So, in this case, while analysing the nursing practice also, if the lecturer on which the derogative and threatening comments have been made, there is a possibility that the lecturer can go in depression etc. (Brown, 2014), so it however throws an impact on the personal as well as professional lifestyle of the lecturer. So, it is very important to stop this type of behaviour and actions. So, on the basis of this action, the fellow student can get suspended as well. It is because such practices throw a negative impact on all the operations and procedures. Thus, it demonstrates a sort of lack in the professionalism and ethics of the procedures that are being implemented in the nursing practices. Although, imprisonment is likely to be involved less but the lecturer here holds the power to sue the student and in return, the student might have to a pay a huge amount of money as a penalty.

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Conclusion

It can be concluded from the report that the way of making derogative, threatening comments made by the fellow students is totally not acceptable. It can throw a negative impact on the reputation of the lecturer. So, while implementing the operations in the nursing practices, some elements are required to be involved in order to achieve all the processing in an efficient and appropriate manner. Ethics, laws and professionalism play a very major role in all the nursing practices and can help in preventing such issues so that the health care centres can be bale to keep their focus on achieving their targets, thus making the lives of people better and safe. 

References

  • Brown, D., 2014. Penality and imprisonment in Australia.Comparing Prison Systems,367.
  • Buka, P., Davis, M. and Pereira, M., 2016.Care of Vulnerable Older People: Legal and Ethical Aspects of Nursing. Palgrave Macmillan.
  • Forrester, K., 2017. AN INTRODUCTION TO LEGAL ASPECTS OF NURSING PRACTICE.Contexts of Nursing: An Introduction, p.153.
  • Green, J. and Karolides, N.J., 2014.Encyclopedia of censorship. Infobase Publishing.
  • HEATON, L., 2014. Legal aspects of nursing.Kozier & Erb's Fundamentals of Nursing Australian Edition.3. p.57.
  • Rudge, J., 2015. Australians' Right to be Bigoted: Protecting Minorities' Rights from the Tyranny of the Majority.Brook. J. Int'l L..41. p.825.
  • Williams, G., 2015. The legal assault on Australian democracy: The annual Blackburn Lecture.Ethos: Official Publication of the Law Society of the Australian Capital Territory. (236). p.18.
  • Witney, C., Joyce, M., Ms, C. and Vicki, C., 2015. Munchausen by Internet and nursing practice: An ethnonetnographic case study.
  • Arnold, E. C. and Boggs, K. U., 2015.Interpersonal Relationships-E-Book: Professional Communication Skills for Nurses. Elsevier Health Sciences.
  • Morton, P. G., Fontaine, D. and Gallo, B. M., 2017.Critical care nursing: a holistic approach(p. 1056). Lippincott Williams & Wilkins.
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