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
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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)
