The past 18 months have undoubtedly had an impact on everybody and their ways of living their lives. However, nobody has felt the pressure more than our NHS. Everybody from doctors to midwives has felt the extremes that the COVID-19 Pandemic has delivered. Yet there have been a number of legal issues which have been raised within the nursing sector prior to this global crisis which has, arguably, been somewhat brushed to the side as a result of the chaos concerning PPE, NHS waiting lists, supply shortages as a result of Britain’s exit from the EU and many other concerns.
From the start of a nurse’s career, whether it be privately or for the NHS, they uptake three core values. These are: a duty of care for all of their patients no matter the circumstances, autonomy, and confidentiality.[1] With NHS nurses only being offered a 3% pay rise as a result of their efforts from the Pandemic, it is not hard to see why morale and motivation is at an all-time low despite restrictions being lifted across the country.[2] But that is another topic altogether. Naturally, as a result of their proclivity to the art of nursing, both legal and ethical issues tend to stem from them. This is what I will be looking at in this article.
The main relevant legislation is the Nursing and Midwifery Order 2001 which was constructed by the Privy council. Detailed in this order is the structure and organisation of many practices undertaken by midwives and nurses, as well as a thorough explanation of the duty of care that they are expected to provide. However, the primary legislation from which all medical councils make their decisions is the Health Act 1999.[3]
Medical Negligence
One of the biggest, and what some might describe as most controversial issues, relevant in nursing and other medical sectors is that of medical negligence. This, like the other issues which will be mentioned, also expands to all other areas of medical practice. Medical negligence is defined as a substandard case that’s been provided by a medical professional to a patient which has directly caused injury or worsened an existing condition.[4] This has been an issue for decades, and with more diseases being discovered and new versions of treatments being developed, how does one justify actions which could ultimately result in somebody losing their life? Should medical professionals be allowed to make what would be described as ‘informed risks’?
An example of medical negligence is a recent case in which a man whose name was disclosed to be Robert, was left infertile after negligent hernia surgery.[5] This is but one example of how one person’s negligence can lead to permanent, life-changing consequences for patients. This is why there is the option of compensation to the patient and their family for the mistakes made by medical professionals. In the UK, the average medical negligence compensation pay-out is around £50,000.
Informed Consent
Another legal issue that is consistently brought up in the medical field is that of informed consent. Informed consent occurs when a patient authorises a medical procedure or intervention based on an understanding of the risks, benefits, and alternatives.[6] There are many ways in which this can become compromised. The first of these is that if a decision is made under pressure whereby the patient does not make the final decision and instead it is made by family or the assigned medical professionals, this would be classified as a lack of informed consent. Similarly, if the patient lacks the appropriate capacity to be able to deliver an informed decision, then once again this would be seen as informed consent. However, one must ask themselves to what degree can this be challenged due to the unchangeable circumstances.
The aspect of children and their parents having informed consent before any kind of medical procedure is attempted. While children cannot be classified to give consent until the age of 16, it is imperative that they are aware of what is going to happen to the extent of which they are comfortable to know. Then it is crucial that the parents know everything there is to know about the procedure and the effects which it could have on their child in the future on both a temporary and permanent basis.
Conclusion
These are but two of the examples of legal issues which correlate with the work of nursing and other medical practices across the UK and the world. While it may seem controversial to focus on these matters, it is imperative that the awareness around these remain at the forefront of our minds. The past year and a half have brought hardships on all of us which will take time to subside, however, the issues which surround our health service are important ones to be conscious of. Especially if they were to affect us in any form during our lifetime.
Awareness is knowledge and the more people who know about these factors, the more educated and wary we can all be about the best interests for ourselves and our loved ones. A satisfaction which has become more crucial than ever in the times we are currently living in.
References
[1] Legal, Ethical and Professional Issues in Nursing” (nursinganswers.netDecember 10, 2020) <https://nursinganswers.net/essays/legal-ethical-professional.php> accessed September 7, 2021 [2] NHS Staff to Receive 3% Pay Rise” (GOV.UK) <https://www.gov.uk/government/news/nhs-staff-to-receive-3-pay-rise> accessed September 7, 2021 [3] Our Legislation” (Nmc.org.uk2018) <https://www.nmc.org.uk/about-us/governance/our-legal-framework/our-legislation/> accessed September 7, 2021 [4] What Is Medical Negligence? Compensation Guide | Irwin Mitchell Solicitors” (Irwin Mitchell2019) <https://www.irwinmitchell.com/personal/medical-negligence/medical-negligence-compensation-guide> accessed September 7, 2021
[5] Settlement for Man Left Infertile Following Negligent Hernia Surgery at Alexandra Hospital” (Fieldfisher) <https://www.fieldfisher.com/en/injury-claims/case-studies/settlement-for-man-left-infertile-following-neglig> accessed September 8, 2021
[6] Bester J, Cole CM and Kodish E, “The Limits of Informed Consent for an Overwhelmed Patient: Clinicians’ Role in Protecting Patients and Preventing Overwhelm” (2012) 18 AMA Journal of Ethics 869 <https://journalofethics.ama-assn.org/article/limits-informed-consent-overwhelmed-patient-clinicians-role-protecting-patients-and-preventing/2016-09> accessed September 8, 2021
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