6.12 Conclusion
Acarer has both a legal and an ethical duty to avoid negligence. The ethical duty
differs from the legal one primarily in the following ways:
)1) It operates whether or not any harm actually follows from the negligence,
since it applies to actions, and failures to act, themselves, and not only to their
actualconsequences, but also to theirpotentialones.
)2) Both with regard to not doing harm and to doing good, the UKCC Code of
Practice requires a higher standard than the law, and also requires that the
carer be able to weigh up likely harms and benefits in order to decide what it
is best to do.
)3) Time and energy permitting, the carer should have a personal ethical
standard at least a little higher than that of the Code, and should also have an
ethics of ideals as well as duties, again in line with what is reasonably
possible.
)4) Ethics goes beyond the law in requiring a direct duty of care for unborn
children; a duty towards accident victims if one can help them; a general duty
to make sure that those whose work one is responsible for co-ordinating and
supervising carry out their duties properly; and a duty to report circum-
stances in which care is endangered. )The first two of these are general moral
obligations; the last two are specifically required by the Code.)
)5) Ethics may occasionally require someone to actively prevent an order or
policy from being carried out, even though this may conflict with their legal
duty, or to uphold the claims of someone they are not legally obliged to care
for in preference to the claims of someone for whom they are legally obliged
to care. )These situations are rare but not impossible.)
6.13 Notes and references
- Benjamin, M. & Curtis, J. )1992)EthicsinNursing.Oxford University Press, Oxford.
98 NursingLawandEthics