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. PLAY. For this paper we will discuss the legal responsibilities of nursing, how personal and societal values can influence ethical decision-making and how the ANA’s Code of Nursing Ethics would influence the final decisions. Issues by nature are many and, today, many issues are brought up and are questioned upon their varying natures. In this section, you will provide the patient’s information, such as medical history, and give the current patient’s diagnosis, condition, and treatment. The consideration of legal and ethical issues is very significant in every profession. What are the common legal issues a community/public health nurse may face? a) Consent ... a patient must consent to disclosure of health information to a person outside the health care team. Concern clustered among sev- eral topics. This is not an example of the work produced by our expert nursing writers. Many nurses do not have formal education in legal and ethical issues, and as such as often unqualified to address these questions when they arise in the medical environment.xxxix While there are legal, ethical and professional guidelines which mandate the conduct of professionals, it does require education in the area and an ability to be aware of the risks of any personal decision made regarding a patient. The consent must be effective, and then no consent is required from a parent, except in specific procedures such as organ donation and nontherapeutic research. These circumstances are when there is a competing public interest, and the case went on to outline: ‘cases may arise in which disclosure in the public interest may be justified, such as a situation in which the failure to disclosure appropriate information would expose the patient, or someone else, to a risk of death or serious harm’ (at [25]). This is a duty of confidentiality, to not give information about the patient to others without consent. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or Information related to legislation, self-regulatory documentation maintaining professional boundaries, resolving professional practice issues were a few topics discussed. Just some stuff to refresh your memory on the ethical and legal issues in nursing. Vol 25. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Ethical and Legal Issues Generated by the HIV epidemic; Ethical Issues During Disaster; Futile care or aggressive interventions; Genomics … xv. Remember to practice critical care nursing consistent with standards of practice and the obligation of your legal standard of care. Ethical and Legal Issues in Nursing Ethical and Legal Issues in Nursing Generally, nursing is a healthcare profession that is focused on attaining, maintaining, or recovering optimal health and quality of life of individuals, families, and communities from conception to death. QUASI INTENTIONAL TORTS: It is usually involving situations of communication and often violates a person’s reputation, personal privacy or civil rights. The legal issues include confidentiality, autonomy, consent to medical treatment by children, disclosure of information … Information related to legislation, self-regulatory documentation maintaining professional boundaries, resolving professional practice issues were a few topics discussed. All work is written to order. 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. Under no circumstances should the nurse carry out the order without clarification. These issues affect both patient care and a nurse' sjob satisfaction and mental well-being. This particular scenario stretches from a legal aspect view, and a literal view of the incident. Legal Issues in Nursing. legal issues in nursing . Assault and battery give rise to criminal and civil liability. Transforming Nursing Practice Series. Florence Nightingale is the first person to start modern nursing practices and New Zealand was the first country to regulate nurses nationally. 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. Remember critical care nursing is built upon basic nursing knowledge and skills — never ignore their importance when caring for patients with an actual or potential high-risk health problem. Written on: July 14, 2020 . Legal & Ethical Issues that Health Care Professionals Face. The ANA Code of Ethics provides a standard by which nurse managers can assess ethical issues in nursing. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or simple procedures requiring consent. Flashcards. If the pessimism grows out of bounds, the person may not even feel like eating, speaking or working. Available at: http://www.gmc-uk.org/publications/standards_guidance_for_doctors.asp [1November 2014]. There may be a variety of reasons for the changes. After a chaos of choosing the right profession, I found nursing to be the best, matching all my abilities with the attributes of this profession. 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. Clinical Ethics Support in the UK: A review of the current position and likely development. Nurse educators should maintain working relationships with students. Law and Professional Issues in Nursing. 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. Additional Resources: Teleconference Handout Presenter: Trudy Button, ARNNL Legal Counsel … Title: Ethical and Legal Issues in Nursing Practice. Applied ethics in nursing. The breach of duty test refers to the reasonable judgments of ‘responsible bodies of medical opinion,’ where those of special skills or competence are judged at a higher standard for that profession, rather than the ordinary person test.xxii The standard of care is also higher for professionals, and while the primary duty is with the doctor, nurses can also be held liable even when acting under direction from her employer.xxiii The nurse, even when supervised, must exercise her own skill and competence as expected of a nurse of the same level and experience.xxiv. She was nauseous, feeling unwell and her abdomen was distended and tender. The concept is applicable to nursing profession as well. you may add on to this.. Persuasive Standards •National League for Nursing –Fair Testing Guidelines for Nursing Education •Texas Board of Nursing –2.7.4.a. For example, touching a person without permission – that is, without consent – can be both a crime and a tort – a civil wrong. This is a level of trust that' s not taken lightly by RNs, who face many examples of ethical dilemmas in nursing daily. Legal Issues in Nursing: Concepts and Terms This lesson will introduce you to the basic legal concepts and terminology of today's professional nursing. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. An example is competency 1 that deals with legislation and common law in midwifery profession. The nurse proceeded to tell me that if I didn't get up, I would be like the others who go home and return in a body bag. Ethical and Legal Issues Essay Example. The GMC guideline for confidentiality allows disclosure under Paragraph 27 where: ‘disclosure of personal information without consent may be justified in the public interest where failure to do so may expose the patient or others to risk of death or serious harm.’xxvii Discussion regarding confidentiality must be informed by ethical principles following case law and legislation, in addition to guidance policies, and any on-job learning which may be applied to independent cases. Gravity. The NMC’s ‘Code of Professional Conduct: Standards for conduct, performance and ethics’ is widely adhered to in the profession. Ethical and Legal Issues in Psychiatric/Mental Health Nursing ; 2 Introduction. Such errors can be caused by human factors, medical complexity and system failures (Ginny, 2010). Many nurses do not have formal education in legal and ethical issues, and as such as often unqualified to address these questions when they arise in the medical environment.xxx… Figure 47-1 Overview of the sources of law. The NMC requires nurses to keep their knowledge and skills up to date ensuri… This is not an example of the work produced by our expert nursing writers. Third, causation, which is a factual connection between the action of the nurse and the harm suffered by the patient. This article discusses the hypothetical case of Jack, a two-day-old infant diagnosed with trisomy 13 (syndrome), a life-limiting condition. The Status of a Patient. (2009). Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. Depression makes a person feel low in confidence levels, hopeless, unduly guilty, worthless, sad, sleepy and/ or full of pessimistic ideas. Generally, nurses must comply with patient request even if they do not personally agree, and ensure that in the nature of justice, all clients are treated fairly and equally, for instance regarding distribution of hospital resources and time spent per patient.xxxiv. 3, No. 1. Given that the duty of confidentiality is a combined public interest and individual interest assessment, the judicial system does not provide ample guidance. The law of informed consent underlies the ethical notion of autonomy, outlining the minimum standard of behaviour accepted by the community. 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. Just some stuff to refresh your memory on the ethical and legal issues in nursing. Over the past 3 days, she had been experiencing crampy left lower quadrant pain and had been unable to have a bowel movement. These occur when the medical surgical nurse is put in a position where she has to ignore the principles surrounding provision of ethical care. The three main principles this essay will discuss are accountability, informed consent and dignity. 1. But other seemingly minor problems may also have legal consequences. Examples are unsafe nurse-to-patient ratio, nonresponse by a physician, inappropriate medication orders and refusal of lifesaving treatment by a competent adult patient. 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. Be ever mindful when caring for all patients. 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. Case law is the second branch monitoring ethical standards in nursing and the medical profession. ix Griffith, R. (2013). i Edwards, S. (2009). This is our group presentation for our Trends and Transitions class, the last class in the Nursing Program. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or simple procedures requiring consent. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! You can view samples of our professional work here. xii Nursing and Midwifery Council 2010, p. 13. xvi R (on the application of Pretty) v DPP [2001] UKHL 61; Re B (Consent to Treatment: Capacity) [2002] EWHC 429; Evans v Amicus Healthcare Ltd & Ors [2004] EWCA (Civ) 727. xix Gillick v West Norfolk and Wisbech AHA [1985] 3 All ER 402. xxii Bolam v Friern Harnet HMC [1957] 2 All ER 118. xxiii Whitehouse v Jordon [1981] 1 WLR 246. xxiv Maynard v West Midlands Health Authority [1984] 1 WLR 634). Registered Data Controller No: Z1821391. We were given examples of the legal complexities of nursing through two case studies we were to evaluate. You may not submit downloaded papers as your own, that is cheating. Legal Issues in Nursing; Medication Errors Case Study: At 5:20 p.m., 82 year old Elizabeth presented in the Emergency Room of a rural hospital with complaints of abdominal pain. 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