Rapid developments in the medical field in the last century have revolutionized the field of medical practice. It is now possible to diagnose diseases faster and more accurately using advanced diagnostic techniques. Medical management has become more effective with refined medications having more specific actions and fewer side effects. Surgical treatment has moved towards less invasive modes of management with lesser morbidity and faster recovery.
Search Legal and ethical aspects of the perioperative phase The perioperative period refers to the time before commencing a surgical procedure and extends to slightly after the procedure. The period is divided into three distinct phases namely; the perioperative, the intaraoperative and the very last period also called the post operative period.
Perioperative is the term used to sum up for all the three phases. This phase is marked with special medical care provided by the nursing team.
All the three phases are thus marked with various nursing activities. For any surgical procedure to be done there must be an agreement between the doctor and the patient. In the medical fraternity the procedure involved in agreeing on whether to pursue or not to pursue an operation is called obtaining consent.
This paper gives a critical analysis of the legal and ethical parameters of the perioperative period, a description of the events in each of the three phases, examples of cases where the recommendations have been applied and few where the recommendations have not been adhered to hence the consequences.
For patients who may not be in a position to consent for themselves, approval is sought from their close relatives present or reference made to any advanced directives if the patient had any.
This period is marked with psychological and physical preparation of the patient for the procedure headed for in the operation room. Different operations will need varying lengths of time for this period with some being shorter while others being lengthy.
Keffer L,p23 The perioperative period is then followed by the intraoperative where the patient is moved from the ward into the theatre. The period ends on moving the patient from the operation room to any other facility in which the patient can undergo recovery from the anesthetic effect.
Stoelting K and Miller D,p The postoperative period ensues on relocating the patient from the post surgical recovery facilities into the facilities meant for surgical recovery.
This period unlike all the rest is bound to end in other facilities that are outside the theatre. It is expected that nursing services be provided by nurses trained in post anesthesia especially for cases where the patient is bound to remain hospitalized for some time before going back home.
All the nursing activities in all the three phases of the perioperative period are geared towards ensuring the survival of the patient through the entire procedure. The preoperative period is such a sensitive period in medical practice that is marked with high skill in surgery and the use of a wide range of anesthetics.
Medical practioners in this field are thus expected to perform their duties within limits of their best ability, responsibility and accountability as expected by their professional ethics.
Doctors are thus expected to exhibit utmost skill especially when handling sensitive procedures like operations in the theatre or before subjecting a patient to the entire operation period.
A doctor who does not abide to these ethical regulations is bound to be questioned by the legal framework. With the legal framework implicated, doctors involved in any periopearative procedure are subjected to both the criminal and the civil law Lawrence et al,p Studies indicate that it is quite rare for a doctor or a medical expert to be criminalized on charges related to the general public.
Majority of cases point to civil charges that encompasses offences towards the patient. With regard to negligence in the preoperative period, the duty of care was incorporated in to the legal framework not in relation to any type of medical related case but as result of any acts aimed at other human beings.
With reference to the legal and ethical parameters of the perioperative period, a number of similarities and differences exist between the expected standards. The legal framework thus fosters minimal accountability with regard to the standards of the practice while the professional ethics demands for the utmost standards in the practice.
This thus explains why a doctor stands to be questioned for not adhering to the professional code of ethics even if he or she may be practicing within the provisions of the legal framework.
Any procedure done on the patient without his or her approval is considered as a crime especially when the patient is in perfect position to approve or differ by him or herself.
It is recommended that for cases where the patient is not in a position to consent, a close family member be sought for the approval of the procedure before it is carried on by the medical team.
The regulations regarding the need for informed consent in any medical procedure are covered in the patient charter which recognizes the need to have the patient approve or differ with the need to have any medical procedure. For any delicate procedure to be performed especially with regard to organ transplant both the donor and recipient need to be fully in formed of the benefits and the risks associated with the procedure.
Sven T,p However there situations that may appear delicate and very serious that not even the patient on the verge of death or a close relative will consent.Welcome to the unit Work within a Legal and Ethical Framework (CHCCSA).
All workers, regardless of their field or profession, operate within a legal and ethical framework of some kind. This simply means that we all work within the boundaries defined by applicable laws and ethical standards.
“Legal” and “ethical” are often used in the same sentence. Though there is a relationship between the two, the concepts are not interchangeable. They often clash and work with each other. Both “legal” and “ethical” are often used in the same context in terms of issues and social. Legal and Ethical Aspects 2 LEGAL AND ETHICAL POINTS This section is based on the chapter “Legal and Ethical Aspects”, by enedict Stanberry, from the book “Introduction to Telemedicine” 2nd Ed, Edited by Richard Wootton, John Craig, Victor Patterson.
Chapter 2: Legal and Ethical Aspects of Nursing. Cooper and Gosnell: Foundations and Adult Health Nursing, 7th Edition. MULTIPLE CHOICE.
caninariojana.com a nurse becomes involved in a legal action, the first step to occur is that a document is filed in an appropriate court. It is a nurses legal and ethical duty to protect patients from impaired or incompetent workers.
Allowing the impaired nurse to sleep enables the impaired nurse to avoid the consequences of his or her actions and to continue the risky behavior. Legal and Ethical Aspects of International Business is your authoritative guide to the law and ethics of business leadership in the global market.
It provides the vehicle for today s and tomorrow s managers to successfully navigate the legal and ethical environment of business around the world.2/5(1).