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LEGAL ASPECT OF CONSENT IN NURSING.
Pages 4 (1004 words)
The patient must provide consent in written form such as through a living will to allow for organ removal after death. This stands in contrast to living patients donating organs such as kidneys since the patient’s consent can be obtained and used with immediate effect.
In case that explicit consent is not available, implied consent or authorisation by primary care givers can be utilised. Legal stipulations require that nurses need to acquire consent before any major medical procedures are carried out. Legally, a person should be in senses, of the legal age of consent and able to form decisions if they are to provide consent. However, it may not be possible for the patient to make decisions if they are not of the legal age of consent, are out of senses or are affected enough not to make sane decision. In such cases, the next of kin are responsible for providing explicit consent for medical procedures. In any of these scenarios, it is the nurse’s responsibility to ensure total confidentiality as a part of essential ethical practice. Confidential information available to nurses may be used against the subject individual who was gained consent from. A breach of confidentiality may occur if the nurse provides information on the patient willingly or unwillingly to any unconcerned party without the patient’s consent. Nursing entails a number of different ethical and moral responsibilities much like other professions. One of the key ethical responsibilities of nurses is to ensure that consent is obtained prior to performing any routines on a patient as described by Gallagher and Hodge (2012, p38). Carvalho et al. (2011, p12) detail that it is the responsibility of nurses involved to ensure that all stakeholders including the patient and his care givers are on board in terms of consent to avoid problematic situations later. ...
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