NURS3012: Legal and Ethical Issues in Healthcare Practice – Assessment Brief

Assessment 2: Case Study Analysis

Weighting: 40%

Word Count: 1,500 words (+/- 10%)

Submission Format: Word Document (.docx) via Turnitin

Due Date: Monday, Week 10, by 23:59 (Local Time)

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1. Assessment Context

In professional nursing practice, you will inevitably encounter situations where legal obligations and ethical principles conflict. Competent nurses must be able to navigate these complexities to advocate for patients while adhering to regulatory standards. This assessment task is designed to evaluate your ability to identify legal and ethical issues within a clinical scenario and apply a structured decision-making framework to justify your professional conduct.

2. Task Description

You are required to write a 1,500-word essay analysing one of the three case studies provided in the Module 4 Learning Materials (Case A: Paediatric Consent, Case B: End of Life Care, or Case C: Mental Health & Restraint). You must construct a logical academic argument that addresses the specific legal and ethical tensions present in the chosen scenario.

Your analysis must address the following:

• Identify the primary conflict: clearly articulate the main legal and ethical dilemma facing the nurse.
• Legal Analysis: Discuss the relevant legislation (Acts), common law principles (court decisions), and professional standards (NMBA/NMC/ANA scope of practice) applicable to the case.
• Ethical Analysis: Apply the four principles of biomedical ethics (Beauchamp & Childress) or an alternative relevant ethical theory (e.g., Utilitarianism, Deontology) to examine the stakeholders’ positions.
• Resolution: Utilise a recognised Ethical Decision-Making Model (e.g., Kerridge’s or the REAL model) to propose a justified course of action.

3. Structure and Guidelines

Please adhere to the following structure to ensure your essay flows logically:

Introduction (approx. 150 words)

Provide a brief background of the chosen case study. State the aim of your paper and clearly outline the core ethical/legal dilemma (your thesis statement). Do not simply retell the story; summarise the clinical context relevant to the conflict.

Legal Implications (approx. 400 words)

Analyse the legal frameworks governing the situation. Depending on your region and the case chosen, you may need to discuss the Mental Health Act, laws regarding capacity and consent, or negligence. You must cite specific sections of legislation or relevant case law. Discuss the nurse’s duty of care and the potential legal consequences of action or inaction.

Ethical Analysis (approx. 400 words)

Critically analyse the scenario using ethical principles. For example, discuss the tension between Autonomy (the patient’s right to choose) and Beneficence (the nurse’s duty to do good). Avoid personal opinion; support your arguments with high-quality academic literature published within the last 5–7 years.

Decision-Making and Recommendation (approx. 400 words)

Synthesise your legal and ethical findings. Apply a structured decision-making model to determine the most appropriate nursing intervention. Justify why this decision is the most professionally responsible option, acknowledging any potential distress it may cause stakeholders.

Conclusion (approx. 150 words)

Summarise your main arguments. Reiterate how the recommended action aligns with professional standards and ensures patient safety or rights. Do not introduce new material in this section.

4. Formatting and Referencing

• Font: Times New Roman or Arial, 12-point.
• Spacing: Double-spaced with 2.54cm margins.
• Referencing Style: APA 7th Edition (American Psychological Association).
• Sources: You must use a minimum of 8 credible academic sources (peer-reviewed journals, textbooks, or government legislation). Do not use general websites (e.g., Wikipedia, WebMD).

5. Grading Rubric / Marking Criteria

Criteria	High Distinction (85-100%)	Credit (65-74%)	Pass (50-64%)	Fail (< 50%)
Identification of Issues (20%)	Insightful articulation of complex legal and ethical conflicts; critical grasp of the specific nuance in the case.	Clear identification of the main issues; minor nuances may be missed but the core conflict is stated.	Identifies the issues but description is descriptive rather than analytical; misses key legal/ethical tensions.	Fails to identify the correct legal or ethical conflict.
Legal & Ethical Analysis (40%)	Sophisticated integration of legislation, case law, and ethical theory. Arguments are compelling and deeply supported by evidence.	Good use of relevant legislation and ethical principles. Arguments are sound but may lack depth in critical evaluation.	Basic discussion of laws and ethics. Reliance on general principles without specific application to the case facts.	Incorrect application of law or ethical theory; significant gaps in knowledge.
Decision Making (20%)	Justification is robust, explicitly using a decision-making model to synthesise a professional solution.	Resolution is sensible and linked to the analysis, though the application of the model may be generic.	Resolution is proposed but lacks strong justification or link to the preceding analysis.	No clear resolution offered, or resolution is illegal/unethical.
Academic Literacy (20%)	Flawless structure, flow, and grammar. Referencing is accurate (APA 7) with a wide range of high-quality sources.	Clear structure and good grammar. Referencing is mostly accurate with occasional minor errors.	Readable but contains grammatical errors that impede flow. Referencing inconsistent or limited.	Poor writing quality makes ideas hard to follow. Plagiarism or inadequate referencing.

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When applying the principle of non-maleficence to the case of Mrs. V, the nurse must evaluate whether the administration of covert medication constitutes a breach of trust that outweighs the immediate reduction of harm. While the Mental Health Act 2007 may provide a legal avenue for involuntary treatment in acute psychiatric crises, ethical practice dictates that the least restrictive alternative must always be prioritised to preserve patient dignity (Johnstone, 2019). Therefore, before resorting to covert measures, the nursing team is ethically obligated to exhaust all communication strategies and document the patient’s capacity limitations to ensure the intervention is legally defensible and morally sound.

 References

• Johnstone, M. (2019) Bioethics: A Nursing Perspective. 7th edn. Chatswood, NSW: Elsevier. Available at: https://shop.elsevier.com/books/bioethics-a-nursing-perspective/johnstone/978-0-7295-4290-6 (Accessed: 25 January 2026).
• Kerridge, I., Lowe, M. and Stewart, C. (2023) Ethics and Law for the Health Professions. 5th edn. Sydney: The Federation Press. Available at: https://federationpress.com.au/product/ethics-and-law-for-the-health-professions (Accessed: 25 January 2026).
• Nursing and Midwifery Board of Australia (2020) Code of Conduct for Nurses. Melbourne: NMBA. Available at: https://www.nursingmidwiferyboard.gov.au/codes-guidelines-statements/professional-standards/nurse-code-of-conduct.aspx (Accessed: 25 January 2026).
• Ulrich, C.M. and Grady, C. (2018) Moral Distress in the Health Professions. Cham: Springer International Publishing. doi: 10.1007/978-3-319-64626-8.
• Woods, M. (2020) ‘Nursing ethics, legal capacity and the challenge of dementia’, Nursing Ethics, 27(4), pp. 1105–1116. doi: 10.1177/0969733020906597.