Legal aspects of research

Dimond, Bridgit

doi:10.7748/ns.4.39.44.s52

Cited by 8 publications

(7 citation statements)

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“…The ‘reasonable person’ rule can be applied in such cases, which enables a professional to act in the best interests of the patient (Beauchamp and Childress, 2001). It is reasonable to assume that a reasonable person would wish to be treated for life‐threatening conditions when not able to give consent (Dimond, 2002). However, health care professionals should not assume that a reasonable person would wish to be physically restrained when there are other alternatives available.…”

Section: Legal and Ethical Issuesmentioning

confidence: 99%

The use of physical restraint in critical care

Hine

2007

Nursing in Critical Care

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Critically ill patients are at high risk for the development of delirium and agitation, resulting in non-compliance with life-saving treatment. The use of physical restraint appears to be a useful and simple solution to prevent this treatment interference. In reality, restraint is a complex topic, encompassing physical, psychological, legal and ethical issues. This article briefly discusses the incidence of delirium and agitation in critically ill patients and examines in detail the method of physical restraint to manage treatment interference. The historical background of physical restraint is discussed and the prevalence of its use in critical care units across the world examined. Studies into the use of physical restraint are analysed, and in particular the physical effects on patients discussed. The use of physical restraint raises many legal, ethical and moral questions for all health care professionals; therefore, this study aims to address these questions. This article concludes by emphasizing areas of future practice development in intensive care units throughout the UK.

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Section: Legal and Ethical Issuesmentioning

confidence: 99%

The use of physical restraint in critical care

Hine

2007

Nursing in Critical Care

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“…It is reasonable to assume that a ‘reasonable person’ would wish to be treated for life‐threatening conditions when not able to give consent. (Dimond, 2002). The Department of Health (2001) advises that if clinical staff are unsure of the legal implications of an intervention, then expert advice should be sought from the associated legal department.…”

Section: Legal and Ethical Considerationsmentioning

confidence: 99%

“…When all other alternative therapies have failed, and as a last resort, in the UK there are situations when it would be seen as lawful to use reasonable force and to restrain a patient (Dimond, 2002). These are:…”

Section: Legal and Ethical Considerationsmentioning

confidence: 99%

British Association of Critical Care Nurses Position statement on the use of restraint in adult critical care units

Bray¹,

Hill²,

Robson³

et al. 2004

Nursing in Critical Care

105

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Critical care nurses in the United Kingdom have become increasingly concerned about the use, potential abuse and risks associated with physical restraint of patients. Restraint in critical care is not only confined to physical restraint but can also encompass chemical and psychological methods. There are concerns regarding the legal and ethical issues relating to the (ab)use of physical restraint techniques in critical care. The aim of this article was to present the British Association of Critical Care Nurses (BACCN) position statement on the use of restraint in adult critical care units and to provide supporting evidence to assist clinical staff in managing this process.

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“…68 Justice must also be substantive and reflected in society's laws and systems. [82][83][84][85] We know instinctively what justice is about. A deep passion for justice is expressed by Eckhart in his understanding of compassion: 'Whatever God does, the first outburst is always compassion' (cited in Fox 86 p. 277) and, 'compassion means justice and compassion is just to the extent that it gives to each person what is his or hers' (cited in Fox 86 p. 103).…”

Section: Nurturing Spiritual Principlesmentioning

confidence: 99%

Nursing: a spiritual perspective

Long

1997

Nurs Ethics

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This article explores and examines the fundamental need for nurses to include the promotion of the spiritual dimension of the health of human beings as well as the physical, mental and social facets if they truly wish to engage in holistic care. The author attempts to define the phenomenon of spirituality, aware of the dilemma that many individuals face when thinking and reflecting on this very personal and intangible issue. To be spiritual is to become fully human, the article argues, and the reverse is also true. Spirituality in health is inextricable in each person's search for the discovery of the truth about self and the meaning and purpose of life. Healthy communities are the product of healthy individuals who sow spiritual seeds such as unconditional positive regard, acceptance, respect and dignity for the benefit and advancement of individuals and humankind as a whole. The global nature of the phenomenon of spirituality is also shown by using examples of people who demonstrate compassion and communion with other human beings, in other countries in times of suffering, war and disaster. Compassion and empathy is expressed and experienced for victims of earthquakes that happen miles from home and far removed from personal or religious beliefs. Yet at such times we are all connected in the tapestry of life by our own human spirituality and earthiness. Abstract themes like compassion and justice are treated in the text within the context of spirituality. The author argues that being just and fair means that all patients have the right to achieve spiritual healing regardless of their belief systems, culture or creed. The works of some spiritual philosophers are used to reflect on this integral aspect of human caregiving. Historical symbols of spirituality are examined. The need for nurses to explore and reflect on the paradoxical concepts involved in their own spirituality is highlighted. Nurses are the essential providers of care and, therefore, the paper argues, guardians of that essential humanity that ensures that patients never become less than full human beings, whatever their condition, faith, culture or belief, or whoever they may be. The author contends that this responsibility is uniquely essential to being a nurse.

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Legal aspects of research

Cited by 8 publications

References 0 publications

The use of physical restraint in critical care

The use of physical restraint in critical care

British Association of Critical Care Nurses Position statement on the use of restraint in adult critical care units

Nursing: a spiritual perspective

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