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marking guide

The document outlines the marking guide for a concept map assessment in a nursing course, focusing on legal, ethical, and professional practice issues. Key topics include consent, professional misconduct, ethical principles, and their application to a case study involving a patient named Cora. The guide emphasizes the importance of relevant legislation, case law, and ethical considerations in nursing practice.

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Nicole Nicole
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0 views

marking guide

The document outlines the marking guide for a concept map assessment in a nursing course, focusing on legal, ethical, and professional practice issues. Key topics include consent, professional misconduct, ethical principles, and their application to a case study involving a patient named Cora. The guide emphasizes the importance of relevant legislation, case law, and ethical considerations in nursing practice.

Uploaded by

Nicole Nicole
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Faculty of Health Sciences

NURS2004_Inquiry for Professional Practice


Assessment 2 – Concept map marking guide

Facts to keep in mind while marking


 The legal issues are consent/battery & professional misconduct
 The ethical issues are autonomy, non-maleficence and beneficence
 The medical issue is reduced mobility, incontinence, requiring nursing
assistance with ADLs
 The social issues are that she is cared for in a residential home and needs
nursing care for ADLs

Consent - 9 Marks
Define and identify the legal elements of consent (2)
 Valid consent = voluntary, informed, capacity, current and covers the treatment to be
performed, may be implied or explicit.
 Consent obtained to avoid legal claim for trespass to person and negligence
- Consent will be valid if it is:
o voluntary
o informed
o given by a patient who has capacity
o current
o covers the treatment
- Implied or explicit consent

Relevant legislation, case law and policy (3)


 WA Health Consent to Treatment policy outlines minimum mandatory requirements
and guides health professionals in WA
 Adults over 18, with capacity can give or withhold consent (Age of Majority Act)
 Common law principle Schloendorff v. Society of New York Hospital 1914: “Every
human being of adult years and sound mind has the right to decide what happens
with their body.”
 Any other case that makes sense
 Civil vs criminal battery/assault (Criminal Code Act)
 Consent is the defence to battery

Legal consequences (2)


 Battery (Trespass to Person) (Case Law) - could be covered in Consent section or
Legal Issues section

Apply to the case study (2)


 Cora does have decision-making capacity – yes
 Cora has not given consent to disclose the information
 Mandatory reporting is a requirement – may be mentioned in legal
Faculty of Health Sciences
NURS2004_Inquiry for Professional Practice
Assessment 2 – Concept map marking guide

Legal Issues - Professional Practice - 9 Marks


Define professional practice and professional misconduct (3)
 May include
 communication,
 providing legal and ethical care,
 providing safe and competent care,
 consent, respect, advocacy,
 planning care etc
 documentation

Identify relevant legislation and demonstrate the link to professional practice (3)
 National Law states that NMBA need to create professional standards to guide
professionals
 WA Health Standards/Policies

Identify Two different elements and how they relate to the case study (3)
 Need to refer to specific principles/elements
 From one of these:
 Code of Conduct,
 Code of Ethics,
 RN Standards for Practice and
 NSQHS Standards

- Unprofessional conduct – section 5 of national law


- Code of conduct: Breach of code conduct contrauarty to accepted
practice standards of the professional
- Civil Liability Act – section 5 c – Professional Misconduct
- Code of conduct, ICN
-
Faculty of Health Sciences
NURS2004_Inquiry for Professional Practice
Assessment 2 – Concept map marking guide

Ethical Issues - 9 Marks


Identify and define the 4 main ethical principles
Apply the principles - allow 2 marks
 Beneficence (1/2)
o Do good, “make better”
o Providing respectful care, promoting health and recovery
o Mandatory reporting – protects Cora and other residents
 Nonmaleficence (1/2)
o Do no harm
o not doing psychological harm, causing physical and emotional harm by
dragging Cora
o mandatory reporting – prevents further harm – Physical and mental fear
 Autonomy (1/2)
o Self-determination
o Allowing independence as much as possible
 Justice (1/2)
o Fairness
o Providing safe care individualised to her needs

 Application of Principles (4)

 Conflicts
Provides 2 conflicts with application to case (3)
o Autonomy vs Beneficence
o Beneficence vs Non-maleficence
o Justice vs Non-maleficence
o Anything that makes sense

Presentation – 3 Marks

Spelling (1/2)
flow and evolution of ideas (1.5)
design (1/2)
readability (1/2)

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