NURS330 Legal and Ethical Issues in Nursing or Consent

NURS330 Legal and Ethical Issues in Nursing or Consent

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NURS 330 Legal and Ethical Issues in Nursing

Task:

Please take the time to reflect on and discuss the two assigned articles with your fellow group members and respond to one of the following questions. Please post your response as well as your reply to one of your fellow group member’s posts online via Moodle.

1. Please discuss Corrigan’s notion that the idea of informed consent should be expanded from its current “‘tight and limited’ focus”. Please identify some of the freedom-limiting features that constrain the process of obtaining meaningful informed consent.

2. Do you agree with the Supreme Court’s decision in Starson v Swayze that Ontario’s Consent and Capacity Board should have based its decisions solely on Starson’s mental capacity rather than his best interests?

Jim’s primary care nurse is present when his physician relays the bad news to Jim. Clearly distraught, Jim admits that he has had sexual intercourse with a number of women during his business trips, and on several occasions did not bother to use a condom. Fearful of the effects that this revelation would have on both his family and his business contacts, Jim pleads with his caregivers to keep this information, and his diagnosis, confidential. Given his wife’s pregnancy, he feels this knowledge might cause her undue harm. He assures them that he and his wife have not had intercourse since her pregnancy. He refuses any treatment for his AIDS-related symptoms, since this would make the diagnosis obvious to everyone. Instead, he asks that his family, including his wife, be told that he has terminal and incurable cancer. Jim’s physician (who is also his friend) says that he will respect Jim’s wishes for now.

1. Did the clinic have the right to test Jim for HIV without his knowledge or consent?

2. Should the health care team keep Jim’s diagnosis confidential from his wife?

3. If the primary care nurse disagrees with the decision of the physician, what can she do?

NURS 330 Legal and Ethical Issues in Nursing

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