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Running Head: EMERGENCY CESAREAN 1
Running Head: EMERGENCY CESAREAN 1
Running Head: EMERGENCY CESAREAN 1
The second issue in this situation deals with the legality of not following orders. In most
other dealing with nurses this would constitute negligence, professional negligence or
malpractice (Potter and Perry, 2013). The physician on call gave an order for the nurse to follow.
Not acting in accord with this order could prove to have an undesirable affect on the pregnant
mother and the unborn child. If found negligent, by a disciplinary board for not following that
order, the nurse could face legal as well as psychological ramifications if the order given was not
followed.
Finally, the last issue in the situation deals with informed consent. Before any treatment
can be initiated by any care giver, the client that is to be the recipient of the care has to sign an
informed consent form agreeing to receive said care, in this case, a cesarean section. General
consent forms are usually signed upon admittance to the hospital. In the case study the couple
refused to sign an informed consent form. This action legally prevented the caregivers, in this
instance, the nurse and the physician from initiating any type of care. The only time an informed
consent can be waived is in the event of an emergency (Potter and Perry, 2013).
Herein lies the conundrum for the nurse at hand to analyze and render a decision on
which course of action to take. Ethically, the nurse is an advocate for the patients rights. In this
case the right to refuse care even if the ultimate end is death. Also, the rights of the unborn fetus
are at stake as well (Sewell, 1993). Legally, an order had been given to begin preparation for the
cesarean section, the refusal of which could be considered negligent if it causes harm to the
patient. That negligence could lead to malpractice and a civil lawsuit brought against the nurse
(Potter and Perry, 2013).
In conclusion, the author of this paper, having understood the ethical and legal
implications facing a nurse in the aforementioned case study, would act in accordance with the
obstetrician and carry out the order regardless of the unwillingness of the couple to not sign the
informed consent form and their wish to not have the procedure performed. This decision to
follow the order of the physician is in part three fold. In the case study there are two patients:
the mother and the unborn fetus. The author of this paper would advocate for the unborn babys
right to life in this emergency situation. The author would act in support of the physician because
a direct order was given. The noncompliance of the order would constitute negligence
subsequent to malpractice. Lastly, in an emergency situation, a caregiver does not need explicit
informed consent (Potter and Perry, 2013).
http://www.neonatology.org/pdf/cesarean.pdf