In your future role as a health care professional you will be faced with complex and challenging situations. There will at times be a legal solution that can be applied to the situation. It is important that you are aware of what this might be so that you can confidently practice within these legal boundaries. Almost always there will be differing ethical positions that need to be considered. The purpose of this case study is to provide you with the skills to identify a legal issue, including the possible outcomes and consider why an ethical conflict arises.
A brief overview of what is required
The case study will assess all of the learning outcomes in 2972NRS. You have been provided with a contemporary health law case study that reflects some of the diverse and challenging issues that can arise within the provision of any health care service. You are required to identify and discuss the legal and ethical issues presented in this scenario.
You are expected to submit your case study with appropriate grammar, spelling, sentences, paragraphs and references. It should be structured using the following ‘APA Level 2’ headings:
Referencing: APA 6th Ed
Word Limit: 1500 words (excluding references)
Assignment Weight: 30%
Formatting the Case Study: Please refer to the Nursing and Midwifery Writing and Referencing Guide that describes how your case study is to be formatted.
Submitting the Case Study: You must submit your case study via turnitin before 5pm on Tuesday 26th April. It must include an assignment cover sheet.
A short introductory paragraph that outlines what you will be presenting in your case report.
• You do not need to include a detailed account of the facts in the scenario; the markers are aware of the facts and this is an unnecessary use of words.
Identify and discuss the legal issues raised by the facts in the case study. This requires you to:
• Consider the facts and identify the legal issues in relation to consent
• If Adam and Lilith wish to sue Dr Abel what type of action would that be?
• Identify the elements that they need to be prove for the action to be successful?
• Describes the standard of proof that would be required for the action to be successful, and who bears the burden of proof?
• Describe the defence that Dr Abel could raise. This includes describing the elements of a valid consent (with supporting case law and legislation) and the process for obtaining consent in those circumstances when an adult cannot provide it themselves.
• If Adam and Lilith are successful what outcome could they expect?
Referring to the Universal Declaration on Bioethics and Human Rights:
• Identify three principles that are relevant in this scenario
• Describe how the principles apply to the facts in the scenario
• Describe where a conflict between these principles may arise by considering the different values of each of the people in the scenario
• Describe a process to address this conflict.