Ethical, Legal and Professional Issues in Health Care.

Ethical, Legal and Professional Issues in Health Care.


The author of this essay is a second year student Operating Department Practitioner (ODP), currently training in a large and busy theatre suite. He has been working in a medical role within the Armed Forces for the past eight years.

The Oxford English Dictionary (1999) describes an autonomous person as being “self governing”, or able to make ones own choices about factors concerning their lives. The empowerment of patients is a concept which is now a cornerstone of modern medical care. The aim of this essay is to discuss the issues surrounding patient autonomy and directly relate them to the role of the ODP. By utilising the authors’ knowledge and experience strongly supplemented by published evidence, the following points are discussed:
1. Patient autonomy.
2. Autonomy and consent.
3. What is valid consent?
4. Autonomy vs. Paternity.

Patient autonomy.
The term ‘caring for a patient’ is difficult to define, as it means different things to different people and be can provided on a number of levels. Whether the provision of care is task orientated, such as bathing, feeding and treatment, or more spiritually based, such as listening, guiding and emotionally supporting, all forms are valid and important. Barnhart et al (1994) describes a care provider as one who responds to the unique needs of an individual, implying that all patients’ needs are different and should be identified in initial assessment. Mallet & Bailey (1990) enforce this when suggesting that the provision of effective individualistic caring is dependant on an accurate assessment of the patients’ health status and the adherence to the wishes of the autonomous individual. According to Boyd et al (1997), autonomy derives from the Greek word autonomia, which literally translates as “self rule”. As already mentioned, it is the capacity to make measured decisions on oneself, and to act on the basis of those decisions accordingly. The...