Wednesday, May 6, 2020
Legal And Professional Issues In Handling The Vulnerable Group
Question: Discuss about the Legal And Professional Issues In Handling The Vulnerable Group In The Community. Answer: Introduction Despite of the endless campaigns by the government and non-government bodies (NGOs), there are increasing cases of abuse of the vulnerable population/group in the community. Vulnerable population may refer to a group of people who are unable to anticipate, adjust with, reject or provide solution to depressions and oppressions. Among others, they include; children facing family negligence, child abuse, the elderly population, and victims of domestic violence. A research finding by (Conway 2004) indicate that nearly 2.3% of the total population die as a result of violence and abuse. According to (Australian Bureau of statistics 2012), an approximation of 30 percent of the women face physical violence, 20 percent face sexual abuse/ harassment, and over 15% face abuse by their intimate partners. It is the responsibility of the Nurses and midwives in Australia, ascertained by the government to monitor and primarily provide appropriate care to the vulnerable group of people (Johnstone and Kanitsaki, 2007, p.253). Basing on the study findings carried out by different researchers, the Australiannursing and midwifery federation has played a considerable effort in ensuring proper treatment of the vulnerable group in the society, for example, handling cases such as child abuse, Domestic violence, and violation of elders rights among other forms of abuses in the society. This has all been done under the mandatory umbrella of the Australiannursing and midwifery federation. However, it is highly recommendable that the nurses and midwifery should have an insight in the professional code of conduct when carrying out their respective responsibilities as recommended by the federation (Piltz, and Wachtel 2009, p.93) Content While handling the vulnerable group of people/ victims of domestic violence, child abuse, and elderly mistreatment, nurses and midwives are expected to demonstrate and express their legal professionalism. In other words, they are projected to have and demonstrate the qualities that prove competence in the field of nursing. The nurses should also be able courageously balance situations of ethical dilemma, having the ability to be comprehensive and analytic to enable them provide the most relevant care to the vulnerable group (Johnstone and Kanitsaki 2007, p.250) As clearly highlighted/ stated in the Australiannursing and midwifery federation, the nurses have the responsibility of taking appropriate actions in helping the vulnerable people in the community, for example, according to the ANMF policy under child care, the nurses are responsible for ensuring the psychological, emotional, social, and physical and education rights of the child (Dimond 2003). This implies when a professional nurse comes into contact with a child experiencing abuse, they should critically intervene in while considering the total wellbeing of the child as far as the policy states. However, when implementing such, the nurse/ midwifery should be responsive to the language and cultural background of the child, act within the standards of regulation/ legislation of the state and ensure the rights of other parties are not dishonored (Ng and Douglas 2016, p50). In reference to the code of professional conduct for Australia nurses, conduct statement three, the nurses are expected to establish a screening center for children facing child abuse and negligence. The screening center under the program of the federation is purposefully aimed at providing counseling programs to the victims. However, it must be noted that the nurses providing the counseling programs should be fully trained and competent to handle diverse contexts and situations most suitably and appropriately (Bernoth et al 2014, p.455) When treating children facing abuse, the midwifery/ nurses are expected to create a balance of evaluation between the child and the parent/ guardian by actively engaging and managing the parties. This is streamlined towards presenting equal representation and expression of decisions. The nurse is expected to create a problem-solving platform that favors both the child and the parent. This helps in establishing the cause of the abuse and citing best solutions appropriate to both parties to avoid the occurrence of the same case again. The provision of childcare, in any way, should not cause a discrimination and unfair treatment of the parents, meaning if no agreement is reached in the dialog between the child and the parent with the help of the nurse, then justice should prevail. This can be practiced in the courts of law, in line with the federation rules and legislation (Nayda 2005, p.26). Besides just taking action towards solving a particular prevailing problem, the federation emphasizes carrying out prevention measures in the society where there are high cases child abuse. It is the responsibility of the nurses and midwives to create educational sensitization campaigns in communities where there are many cases of child abuse and negligence. This is to help in raising the awareness of the adverse effects that come alongside child abuse in the community. The nurses should provide recommendations of how best children should be handled (Mathews and Kenny 2008, p.60). In treating the vulnerable, the nurses are responsible in execution and provision of health services to the victims to ensure their relationship with the victim is considerate and good ('Elder abuse goes unreported' 2014, p11). This can be achieved by recognizing the dignity of the people through demonstrating kindness and care to the patient. The relationship between the nurse and the patient can be seen in the freedom of expression and interaction with the client. Nurses provide faithful solution to the clients/ victims they are handling with the aim of winning trust and honesty from the client. When handling an elderly victim, it is in order that the nurses express a high level of respect of the cultural initiative of the person being handled. This will maintain the clients divinity which is recommended by the professional code of conduct (Piltz and Wachtel 2009, p93). Given the fact that the vulnerable people i.e. the elderly, neglected children, children facing child abuse, and victims of sexual harassment always tend to have mental disorder, the nurses and the midwifes should be able to provide emotional and mental support to promote the wellbeing of the victims. This can be referred as the very first phase in helping the victim. On several occasions, such victims are mentally depressed and they tend to become suicidal. This implies that limited emotional and mental support may lead to aggression, becoming mad of even death. It is therefore very important for the nurse/ midwife to have a technical psychology of handling vulnerable victims (Krug et al 2002, p.1086). Nurses have full responsibility to provide safe care to the people experiencing domestic violence, providing counseling services to the affected parties and this calls for intelligence and integrity. In this case therefore the nurses should basic knowledge of how to handle such cases When professional Nurses and midwives get into contact with the victims of violence, child abuse and mistreatment among others, they should inquire the persons wishes and expectations in reference to the type of care to be delivered to them. First of all, it is the right of the patient to know the alternative treatment which can be provided to them to help them in evaluation and decision making. They are also meant to know the type of outcomes that are like to arise as a result of the care being provided (Johnstone and Kanitsaki, 2007, p.250). In other words, patients have the full rights of knowing and understanding the type of treatment being administered and the type of result they will have. By their professional knowledge and skills, the patients privacy must be respected and the patient have got the right to refuse the treatment provided to him or her if he or she thinks it is not favorable. Nurses and midwives in this matter should respect the patients beliefs and the personal choices that they make (Bagshaw et al 2013, p.100). The nurses have got the professional role to know the other conditions which may affect the decision. However they should respect the decision made by the patient and the family members. It is a profession of the nurses in Austria to adhere to cultural issues and ethics of the people whom they are taking care for. For example those who claim sexual and physical assault. In case of any cultural brief, the nurse has to respect and pay attention to it, also respect values, personal wishes and the decision of the person being cared for and their family members and the other people network to that person (Bagshaw et al 2013, p.100). The nurses are meant to approach victims in accordance with the standards of the profession. When the nurse and midwives are handling case such as victims of child abuse, domestic violence, mental illness among others, they operate within the standards developed and agreed by their professions with the aims of advancing the safety of the patients in their care as well as other people who are related to the victim for example those who relates to health documentation and information management (Bernoth et al 2014, p.455). Any information that may hinder professional standards or any unlawful practice should be reported to the person responsible or authority and if the issue is reported and not resolved, the nurses rise and safeguard the rights of the individuals. Nurses also recognize their professions by reject bribery that may come in form of gifts with an attempt to gain the nurses favor. Nurses and midwives in Austria should offer services and practices in accordance with the law that governs their professional (Piltz and Wachtel 2009, p93).. Nurse seeks for permission from the patient or the next of keen including family members before disclosing any information in relation to the victim. In absence of the consent, nurses seek permission from the professional judgment to disclose the information, giving the due interests and healthy safety of the person who is taken care of. While in contact with persons who claim different abuses, nurses should build and maintain public trust in their work at all times. The unlawful conducts of nurses lowers their reputation in the public and therefore its of high emphasis that they reflect their profession by behaving ethically which can help in maintaining the good reputation to the general public. This is recommendation by the code strengthening relationship with the public. According to the guidelines to national privacy act 1988. The nurses and the midwives are expect to maintain a high level of confidentiality as far the clients information is concerned (James 2016) However, there may be cases where fellow practitioners/ nurses and midwives tend to deviate from the assigned and amended code of conduct and action, the colleague who identifies others practicing the misconducts, while handing a victim, he or she must report to the authority or they make a report of that unlawful act committed and submits it to the nursing leader, and if he or she does not get a clear response from the employers, he or she can take the matter to external authorities like Australia nursing and midwifery federation. In order to provide the best services to the vulnerable, the nurses and the midwives under the guidance and regulation of the Australian nurses and midwife federation should strictly follow the amended legislations and rules (Piltz and Wachtel 2009, p93). Conclusion In conclusion, the Australian Nursing and Midwifery federation has played an important role in promoting the health status of Australians. This has been achieved by ensuring that health the necessary care and health services are taken as a priority by the federation. Several campaigns have also been put up to ensure the improvement in the care of the vulnerable group for example the World alliance for patience safety 2005, many organizations shall have the procedure for registering the issues about these human abuses (Johnstone and Kanitsaki, 2007, p.253).. In other words, the government has demonstrated a high level of care and protection for the vulnerable class. As subsequently explained, several legislations were passed, among others, include; The guidelines to the national privacy principle 2001, The privacy act 1988, Professional judgment, Australian Law reform commission and World alliance for patience safety 2005 among others. All these legislations were put in place to guide and enhance the conduct, code professional standards, and the relationship between the person receiving care and the nurses and midwives in Australia (Piltz and Wachtel 2009, p.94) References Bagshaw, D, Wendt, S, Zannettino, L, Adams, V 2013, 'Financial Abuse of Older People by Family Members: Views and Experiences of Older Australians and their Family Members', Australian Social Work, 66, 1, pp. 86-103. Bernoth, M., Dietsch, E., Burmeister, O.K. and Schwartz, M., 2014. Information management in aged care: cases of confidentiality and elder abuse.Journal of Business Ethics,122(3), pp.453-460. Conway, P 2004, 'World Report on Violence', Journal Of Community Applied Social Psychology, 14, 1, pp. 44-45, Academic Search Complete, EBSCOhost, viewed 19 September 2016. Dimond, B 2003, 'Domestic violence and the midwife: can you report it?',British Journal Of Midwifery, 11, 8, p. 511 'Elder abuse goes unreported' 2014,Australian Nursing Midwifery Journal, 22, 4, p. 11 James Marianne 2016, 'Abuse and Neglect of Older People, 'Australian Institute of Family Studies', https://aifs.gov.au/publications/family-matters/issue-37/abuse-and-neglect-older-people Johnstone, M.J. and Kanitsaki, O., 2007. An exploration of the notion and nature of the construct of cultural safety and its applicability to the Australian health care context.Journal of transcultural nursing,18(3), pp.247-256. Krug, E, Mercy, J, Dahlberg, L, Zwi, A 2002, 'The world report on violence and health', Lancet (London, England), 360, 9339, pp. 1083-1088. Mathews, P and Kenny, M 2008, 'Mandatory reporting legislation in the USA, Canada and Australia: a cross-jurisdictional review of key features, differences and issues', Child Maltreatment, 13, 1, pp.50-63 https://core.ac.uk/download/pdf/10881440.pdf. Nayda, R 2005, 'Australian nurses and child protection: practices and pitfalls', Collegian (Royal College Of Nursing, Australia), 12, 1, pp. 25-28 Ng, E, and Douglas, H 2016, 'Domestic and Family Violence and the Approach to Bail', Law In Context, 34, 2, pp. 36-57. Piltz, A. and Wachtel, T., 2009. Barriers that inhibit nurses reporting suspected cases of child abuse and neglect.Australian Journal of Advanced Nursing, The,26(3), p.93.
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