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Within this essay the author will explore the concepts / issues in the specific case study and recognise the legal, ethical and professional dimensions of the Operating Department Practitioner (ODP).

Extracts from this document...

Introduction

Shane Wood D4013839 Student ODP Diploma in HE in Operating Department Practice Developing Understanding of the Legal, Ethical And Professional Concepts in Health Care CCH 1002 - N - T2 - 3 - 2004 Case study for Operating Department Practitioners (Word count 3847) Within this essay the author will explore the concepts / issues in the specific case study and recognise the legal, ethical and professional dimensions of the Operating Department Practitioner (ODP). The concepts that the author will look at are confidentiality, informed consent, autonomy, restraint, advocacy and accountability in regard to the mental health act (1983), the children act (1991) and the Association of Operating Department Practitioners code of conduct (2003). The author will also look at these concepts in the conclusion from a professional and student practitioners view point in response to maintaining professional practice The case study referred to in this essay is about a thirteen-year-old boy named Alan who has learning disabilities and has come to theatre for a Zadex procedure. This procedure is performed for the removal of the toe nail bed, to stop recurrent ingrown toenails. According to the AODP code of conduct, (2003) (clause 4) the ODP should "maintain currency of knowledge and practice in line with AODP policy for continuing professional development". As all health practitioners hold a responsibility to their patients and colleagues, therefore teamwork and communication between health care professionals is essential in patient care. According to Tschudin, (1992) "healthcare should be unrestricted by nationality, race, colour, age, sex or social status" as healthcare practitioners provide health services to the individual, the family and the community. It is therefore essential that the healthcare practitioners constantly improve their knowledge, experience and skills as they could often be faced with difficult and complex situations throughout their care. Within the scenario the student is asked to admit the patient under supervision. As the case study mentions, Alan shows signs of distress on admission, the student should direct his questions to the patient as well as ...read more.

Middle

stress the importance of an individual's right to determine how they should live their life, free from coercion except when it is to prevent harm to others (Singer, 1994). Thompson et al, (1994) also states that autonomy means recognising patients as individuals, who are entitled to such basic human rights, as the right to know, the right to privacy and the right to receive care and treatment. Beauchamp and Childress, (1994) cited in Hendrick, (2000) also maintain that the principle of autonomy means that people should not be subjected to controlling restraints by others, as long as their actions do not cause harm to others. In regard to the scenario we should use the deontological theory and treat Alan the same way we would if he were a relative. However, when a child is involved the principle of autonomy takes a back seat to the point that this fundamental ethical principle, is undermined by what doctors see as the best interests of the child. In essence, children are treated paternalistically because doctors are making decisions for them (Singer, 1994). There is a stark difference between the way in which adult's and children's autonomy is respected (Hendrick, 2000). Minors unlike adults are denied the right to make well-informed decisions, about their own lives and instead other people's values are imposed on them, disguised as in their best interests. The problem with this ethical dilemma was acknowledged by John Stuart Mill, (1806-1873) cited in Ethics Updates, (2004) who said: "'individuals are usually the best judges of what is in their interests and acting on the contrary presumption, that others may know better, is likely to lead to far worse outcomes". Beauchamp and Childress devised four principles of medical ethics, these four principles are one of the most widely used frameworks, which offer a broad consideration of medical ethics issues generally. These four principles are respect for autonomy, beneficence, non-malificence and justice (Beauchamp and Childress, 1994). ...read more.

Conclusion

Department of Health and Welsh Office, (1999), Mental Health Act 1983 Code of Practice, London, HMSO. Department of Health and Welsh Office, (2001), Seeking Consent: Working with people with Learning Disabilities, London, HMSO. Hendrick, J, (2000), Law and Ethics in Nursing and Healthcare, Cheltenham, Stanley Thornes. Herr, s, (1983), Rights and advocacy for Retarded People, California, Lexington Books, cited in Wheeler, P, (2000), Is Advocacy at the heart of practice, Nursing Standard, 14, 36, pp 39-41. References cont. Hewitt, J, (2002), A critical review of the arguments debating the role of the nurse advocate, Journal of Advanced Nursing, 37, 5, pp 439-445. Hodgston, R, and Simpson, P, M, (1999), Foundations in Nursing Practice, Hampshire, Palgrave Macmillan. Human Rights Act, (1998), London, HMSO. Janke, E, Chalk, V, and Kinley, H, (2002), Pre-Operative Assessment Setting a Standard Through learning, Southampton, University of Southampton. Jones, M, (1996), Accountability in practice, Wiltshire, Mark Allen publishing ltd. Mallik, M, (1997), Advocacy in Nursing Perceptions and Attitudes in the UK, Journal of Advanced Nursing, 28, 5, pp 1001- 1011. Mason, J, K and McCall Smith, R, A, (1999), Law and Medical Ethics, 5th edition, London, Butterworths. McCall Smith Mill, J, S, (1806- 1873), Utilitarianism, cited in Ethics Updates, (2004), [online], http://ethics.acusd.edu/, accessed 24/06/05. References cont. Mozley and Whitley, (1988), Mozley and Whitley's law dictionary, 10th edition, London, Butterworths, cited in Wheeler, P, (2000), Is Advocacy at the heart of practice, Nursing Standard, 14, 36, pp 39-41. NMC, (2002), Code of Professional Conduct, London, NMC. Pearson, A, and Vaughen, B, (1986), Nursing Models for Practice, cited in Kendrick, K, (1995), Professional Nurse, 10, 5, p1. Rumbold, G, (1999), Beneficence and non-malificence, cited in Ethics Updates, (2004), [online], http://ethics.acusd.edu/, accessed 24/06/05. Sim, J, (1997) Ethical Decision Making in Therapy Practice, Oxford, Butterworth Heinemann. Szasz, T, (1962), The Myth of Mental Illness, London, Secker and Warburg. Tay Swee Kian, C, (2001), Informed Consent to Medical Treatment - What Needs to be Disclosed, [online], http://www.med.nus.edu.sg/sur/lecture3/Informed%20Consent.htm accessed 20 09 05. Teesdale, K, (1998), Advocacy in healthcare, Oxford, Blackwell Science. ...read more.

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