This discussion will focus on cardiac nursing, my current practice; it will discuss two ethical and legal issues in my current practice. As members of the health-care community, nurses experience many legal, ethical and professional issues similar to other health-care workers. Confidentiality is further governed by the Health Insurance Portability and Accountability Act 1996, which outlines the requirement to protect distribution of confidential information on patients.xxviii This mandates the need to reduce online systems tracking, monitoring login systems and monitoring confidential information distribution. If the NMC find behaviour unacceptable, they have the power to remove registration from nurses. State and federal legislation and statutes set the foundations for legal nursing documentation. Third, causation, which is a factual connection between the action of the nurse and the harm suffered by the patient. xv. Test. legal issues in nursing . According to Stubenrauch (2007) when a professional causes negligent act then it becomes a malpractice, however not all cases of malpractice result from negligence. (2013). 1. Revealing student information Educators must respect a student’s legal rights to confidentiality as defin… It include a comprehensive set of activities and duties by which individuals and families are assisted in a range of human life experiences ranging from birth, sickness and end of life. You can view samples of our professional work here. However, before reaching litigation, it is often expected that nurses are competent in making these decisions and informing their supervisors and subsequently the court regarding patient consent. Legislation determines what is right or good within a society. Ethical and Legal Issues in Psychiatric/Mental Health Nursing ; 2 Introduction. Summary … Download full paper File format: .doc, available for editing. Legal ethical & professional issues in nursing. Disclaimer: This work has been submitted by a student. This is a duty of confidentiality, to not give information about the patient to others without consent. Ethico-legal issues are far less common in developing countries compared with developed countries. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Professional, Ethical & Legal Issues in Nursing Practice 3760 Words | 16 Pages. An example is competency 1 that deals with legislation and common law in midwifery profession. For example, touching a person without permission – that is, without consent – can be both a crime and a tort – a civil wrong. The ANA Code of Ethics provides a standard by which nurse managers can assess ethical issues in nursing. Ethics and Legal Issues in Nursing .Ethical and Legal Issues in Nursing Ethics • Method of inquiry that helps Second, a breach of that duty by not meeting the required standard. This is partly because the populaces in developing countries are less well informed of their rights and because of fatalistic and religious beliefs in many societies in developing countries. ix, However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for practitioners. From a health sector perspective, autonomy may or may not be practical for the purposes of precluding liability from litigation and avoiding ethical criticism, weighed against the best interests of the patient.xxxv It may also be that the patient does not have the requisite decision-making capacity, in which case nurses may treat the patient without consent. Nurses work in different specialties namely; pediatrics, cardiac, neonatal, orthopedic, and adult- gerontology among others. Nurses are highly accountable to patients, the public, employers, and the entire profession. This is usually grounded on the principle of necessity, and the circumstances in which it is permitted are limited.xxxvi It must be proven as necessary to treat the patient, and in addition the necessity to act was coupled with it being impractical to communicate with the patient, and the action taken was that which a reasonable person in the same circumstances would take if acting in the patient’s best interests. In the case study presented, the principles of protection of safety of the patient are as follows: The first principle is that security safeguards should be effected to protect the patients' health, and this happens when transporting Antonia to hospital from the convenience store where he was in confusion. For example many patients want to sign DNR (Do Not Resuscitate) forms to ensure that no attempts should be made to revive them if they are close to death. She remained active in nursing education until her retirement from Washington State University Vancouver in May 2014. For example, the failure of nurses to adhere to professional responsibility in revealing private information. What are the common legal issues a community/public health nurse may face? The patient must be considered competent to make the decision, as in other circumstances a breach of confidence may be permitted. Nursing and Midwifery Council, London, p. 17. v Nursing and Midwifery Council 2010, p. 18. vi General Medical Council. Nurses are constantly faced with the challenge of making difficult decisions regarding good and evil or life and death. Legal issues within nursing such as civil and criminal laws Topics involving nursing licensure, such as grounds for revocation Areas of liability in nursing Cases related to crime and nursing Awareness of ethical problems involves rational reflection of what action should be taken in particular scenarios, and adhering to principles guiding this behaviour. Justice Rose stated: ‘the public in general and patients in particular are entitled to expect hospital records to be confidential, and it is not for any individual to take it upon himself or herself to breach that confidence whether induced by a journalist or otherwise’ (at ). xxxi. Jack's prognosis is poor, and he is not expected to live past two weeks of age. Many Americans consider nursing to be the most honest and ethical of all professions. Yet, given their position within the hierarchy of the medical institution, nurses also face some nursing-specific challenges in providing medical care. The Nursing and Midwifery Council (2008) state as a nurse you are personally accountable for actions or omissions and must be able to justify behaviour. If you need assistance with writing your nursing essay, our professional nursing essay writing service is here to help! Neonatal nurses regularly face complex legal and ethical dilemmas. We've received widespread press coverage since 2003, Your NursingAnswers.net purchase is secure and we're rated 4.4/5 on reviews.co.uk. The Register acts to allow the GMC to monitor entry to the profession only by achieving the standards required to become an RMP, and also by monitoring ‘fitness to practice’ proceedings to ensure all practitioners maintain consistently high standards of conduct. The same unlawful action can be dealt with in different ways by the law. xxxii Compliance with legislation is mandatory, whereas compliance with the ethical notions of autonomy must be applied at a personal level within the nursing practice. page 4 1dwlrqdo &hqwhu ri &rqwlqxlqj (gxfdwlrq ,qf zzz qxuvhfh frplegal issues in nursing dsso\ suhylrxv ghflvlrqv wr vxevhtxhqw fdvhv Applied ethics in nursing. Constantly changing values in health, behavioural science, and society mean that medical practitioners must be aware of new ethical issues for the medical sector, and learn how to respond appropriately. Nursing is the heart of healthcare Pursuing a path which leads to the God, always compel and motivate me to divert my all attention towards Nursing. In the latter case, the court stated that ‘the doctor has a duty not to voluntarily disclose without the consent of his patient information which he has obtained in his professional capacity, save in exceptional circumstances’ (at ). However, the case study is mainly based on the occasions that follow the unfortunate incident. Symptoms of depression can be seen in a person who's gripped with an inferiority complex and frustration. Terms in this set (65) Constitutional Law . This is a level of trust that' s not taken lightly by RNs, who face many examples of ethical dilemmas in nursing daily. xvii Nurses require a sound understanding of the associated ethical and legal principles in order to make such a judgment, and this is best understood by implementing stringent teaching and education procedures prior to practicing in a health clinic to ensure they can apply principles of health care and ethics. The situation mentioned above was an excellent example of a nursing case study. The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s euthanasia statute is under legal review – and a nurse who commits such acts can be charged with murder. *You can also browse our support articles here >, http://www.tampabay.com/news/health/research/moffitt-cancer-center-discoverspatient-consent-was-falsified-for-study/1117483. i These duties are supplemented by the principles of beneficence, meaning promoting or doing good and acting in patients’ best interests, and non-maleficence, meaning to avoid harm. Ethical issues happen when choices need to be made, the answers may not be clear and the options are not ideal. It’s my habit to complete the task with flying colors, so I am portraying it in my professional degree i.e. Password systems are tracked to ensure hospital employees cannot access patient files without consent. Spell. An Essential Guide. Aspect of Nursing Legal Responsibilities in Nursing . xxx The signature implies that the patient is aware of the procedure, its alternatives, and possible risks, so when a nurse does not obtain the signature and falsifies it, the employer and the nurse are both accountable for damages. The reason being, prior to Mr. Abraham’s death, was a drunkard’s... ...Legal Issues In Nursing Bachelor Of Nursing... Legal Issues In Nursing Bachelor Of Nursing... Legal & Ethical Issues in Nursing Principles of Patient Safety Patient safety emphasizes on reporting, prevention and investigation of errors within the medical field that lead to adverse healthcare events. There are fourteen key concepts which outline the ethical standards and responsibilities expected of a doctor. Original Presentation: October 27, 2015 Short Description: The presentation focused on minimizing the discipline risk in nursing practice. In addition to publishing seven editions of Legal and Ethical Issues in Nursing, she also edited a text on nursing care at the end of life. Legal issues in nursing are nearly always related to potential harm to the patient. Code of professional conduct for the nurse, midwife and health visitor. Physicians who provide care for nursing home residents are regularly challenged by ethical and legal issues. For example, in the UK, the evolution of the Mental Capacity Bill highlights the public’s belief that patients have the right to make their own treatment decisions. Nurses are ultimately responsible for understanding all recommen- dations regarding potential drug interactions, therapeutic benefits and adverse side effects before administering any type of drug. This is my firm belief that I am blessed with the nature which is so caring, helping and passionate to serve humanity, which blends with the needs of the nursing industry. Nurses are influenced by professional, personal, cultural, social, and political factors. The nurse assigned to care for her abdicated her duties when she left the patient under the sole care of a driver. 2nd edition. 3, No. The concept is applicable to nursing profession as well. You can view samples of our professional work here. xvi In England, nobody can consent to treatment for an incompetent adult, so the Court must make a declaration in the best interests of the patients and the overall medical practice. In 2001 a study found that there was a perceived need for more advice on ethical dilemmas within the health profession, after increasing legal cases and public inquiries.iii As a result, various Clinical Ethics Committees (CECs) and Research Ethics Committees (RECs) were established within the UK to provide comprehensive ethics support. Legal Issues In Nursing Bachelor Of Nursing - Essay Example. Copyright © 2003 - 2020 - NursingAnswers.net is a trading name of All Answers Ltd, a company registered in England and Wales. Figure 47-1 Overview of the sources of law. If you find papers matching your topic, you may use them only as an example of work. Nurse educators should maintain working relationships with students. Additionally, nurses are expected to work together with other health practitioners and care professionals or agencies, service users, carers and communities, and extended families, to ensure decisions made about patient care adhere to shared values.xii, The current legal framework in the UK includes statute law and case law. VAT Registration No: 842417633. A research project that included treating all the white men and not treating all the black … Read a sample chapter. There is also legal implication with the fact that a patient is being treated without her consent and it is also violation of the law which gives a patient right to refusal for treatment on her body. Contrastingly, the Human Fertilisation and Embryology Act 1990 is applied by the courts strictly, for instance in the interpretation of the word ‘embryo’, which limits the autonomy on a legislative basis. Read Text. Due to rapid advances in medical practices and technologies, nurses and other healthcare professionals often face the challenge making decisions … Legal and ethical issues are prevalent in the health care industry, and in particular for the nursing practice, where nurses have daily individual contact with patients. Administrative Law. Administering Medications With Care Unfamiliarity with medications can result in nursing negligence. The situation mentioned above was an excellent example of a nursing case study. 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