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examples of legal issues in nursing

By December 21, 2020Uncategorized

Nursing Ethics: A Principle-Based Approach. When legal issues arise, the nursing documentation becomes a central part of proving whether standards of care were met or not. 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 She was nauseous, feeling unwell and her abdomen was distended and tender. This is our group presentation for our Trends and Transitions class, the last class in the Nursing Program. infoLAW, Consent to treatment: the role of the nurse (Vol. Over the past 3 days, she had been experiencing crampy left lower quadrant pain and had been unable to have a bowel movement. We can often come across such a person in our family or friends. Standards and ethics guidance. When to contact the Nursing Supervisor (NS) A nurse questions an order but the Physician can not be located, the nurse should then CONTACT the NURSING SUPERVISOR. London: UKCC. You can view samples of our professional work here.. Any opinions, findings, conclusions, or recommendations expressed in this essay are those of the author and do not necessarily reflect the views of NursingAnswers.net. 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. Concern clustered among sev- eral topics. 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. 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. Bioethics. On average it becomes difficult to differentiate cases of negligence from cases of malpractice. Bachelors of Nursing. Typically, a nursing case study contains three main categories, such as the items below. 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. 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. Nursing Case Study Segments. There are also some jurisdictional differences within the UK with Scotland and Northern Ireland having separate legal systems.xiii For instance, in Scotland a person can appoint an attorney of welfare to make medical treatment decisions if that person becomes incompetent, under the Adults with Incapacity (Scotland) Act 2000, yet this is not an option in England. I consider myself as a creative, bold, confident, determinant and ... ...Legal Issues In Nursing Bachelor Of Nursing... Legal Issues In Nursing Bachelor Of Nursing... Issues in Nursing Practice: Informatics Legal/Ethical Issues in Nursing Practice: Informatics Nursing as a profession is guided and bound by a series of codes of conducts that subscribe to both the legal and ethical frameworks and provisions that regulate and oversee the operations of the nurses in their quest to deliver healthcare services to patients. Defamation; It is the issuance of a false statement about another person which causes that person to suffer harm. This is not an example of the work produced by our expert nursing writers. The fundamental responsibilities of all medical practitioners remains constant, being to promote health, act in the best interests of the patient, prevent illness, remove suffering, and extend services beyond the individual to their family and the community. i Edwards, S. (2009). Write. Breaching professional boundaries Nursing educators work closely with students to encourage their success, but sometimes these close relationships may cross professional boundaries. Written by: Michael Bond. 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. The American Nurses Association defines the practice of nursing as "the protection, promotion, and optimization of health and abilities, prevention of illness and injury, alleviation ... ...Legal Issues In Nursing Bachelor Of Nursing... Legal Issues In Nursing Bachelor Of Nursing... aspects of nursing Availability of sufficient evidence to form a basis for suspension of the nurse from her duties. Cardiac nursing is a nursing specialty that deals with patients who suffer from different cardiovascular system conditions ... ...Legal Issues In Nursing Bachelor Of Nursing... Legal Issues In Nursing Bachelor Of Nursing... Legal aspects of nursing Legal aspects of nursing come into play in cases of patient negligence. Click to create a comment or rate a document, "Legal Issues In Nursing Bachelor Of Nursing", Professional, Legal and Moral Issues in Nursing, Personal statement For Bachelor of Nursing, Legal/Ethical Issues in Nursing Practice: Informatics, Legal Issues In Nursing Bachelor Of Nursing. Third, causation, which is a factual connection between the action of the nurse and the harm suffered by the patient. In that case, Justice Rose reiterated that an AIDs case involved a significant public interest, but also a fundamental right to individual confidentiality. Neonatal nurses regularly face complex legal and ethical dilemmas. Applied ethics in nursing. Examples in changes are advances in medical technology, legal changes about abortion and euthanasia, a push toward patient rights and litigation, … In addition to possible liabilities as a result of teaching nursing students, nurse educators must be aware of other legal concerns that may arise: 1. Data from the National Practitioner Data Bank (NPDB) indicates that each year more nurses are ending up as defendants in lawsuits concerning negligence and malpractice[Cro03]. 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. Disclaimer: This work has been submitted by a student. If you find papers matching your topic, you may use them only as an example of work. Legal vs Ethical Issues . As a nurse myself, I knew the drill but I was very uncomfortable. Yet, given their position within the hierarchy of the medical institution, nurses also face some nursing-specific challenges in providing medical care. Issues by nature are many and, today, many issues are brought up and are questioned upon their varying natures. Legal Issues In Nursing Bachelor Of Nursing - Essay Example. Under no circumstances should the nurse carry out the order without clarification. All work is written to order. Legal and Ethical Issues in Nursing Education. This creates a problem for nurses and the ethical questions about who to protect. It is vital for the nurse to report negligence on any level in order to protect the safety of patients. xxv The principle of autonomy for competent individuals then implies that confidentiality must be respected. The ANA Code of Ethics provides a standard by which nurse managers can assess ethical issues in nursing. Additionally, conflicts may emerge between ethics and law in the process of making a decision for the dying and incompetent, as well as matters regarding people with disability and the right to life matters. Liabilityis an obligation that can be enforced by law. Ethical and legal issues, being two kinds of issues that are often brought up especially in organizations, are two terms that often clash with one another and at the same time working with one another on different occasions, as well. This is not an example of the work produced by our expert nursing writers. Administrative Law. The important fact that most prof... ...Legal Issues In Nursing Bachelor Of Nursing... Legal Issues In Nursing Bachelor Of Nursing... Legal Aspects of Nursing Legal Aspects of Nursing The case scenario in research revolves around a scenario whereby, an accident victim, Mr. Abraham succumbs to death, moments after survival from an untimely accident. Particular examples of these acts include the strict control of disclosure of personal information under the Data Protection Act, and the concurrent use of the Public Interest Disclosure Act 1998 if nurses are concerned about confidentiality decisions made at executive levels in organisations. VAT Registration No: 842417633. Each state's Department of Health and Board of Nursing also set standards. Ethical and Legal Issues in Nursing Over the last several decades, professional nursing has evolved and changed because of the influence of ethical and legal issues. The NMC requires nurses to keep their knowledge and skills up to date ensuri… Ask us! 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. Before a medical procedure takes place, it is the nurse’s responsibility to obtain informed consent. Created by. Typically, a nursing case study contains three main categories, such as the items below. Legal issues in nursing practice 1. Persuasive Standards •National League for Nursing –Fair Testing Guidelines for Nursing Education ... Legal Issues in Nursing Education Author: Linda Christensen Remember to practice critical care nursing consistent with standards of practice and the obligation of your legal standard of care. Under no circumstances should the nurse carry out the order without clarification. You can view samples of our professional work here. When to contact the Nursing Supervisor (NS) A nurse questions an order but the Physician can not be located, the nurse should then CONTACT the NURSING SUPERVISOR. Chapter 30 Ethical and Legal Issues in Perioperative Nursing LEARNING OBJECTIVES Concept of perioperative nursing Ethical and legal issues intervening perioperative nursing Liability in perioperative nursing Legal issues and rights … - Selection from Nursing Ethics [Book] It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Clinical Ethics Support in the UK: A review of the current position and likely development. No plagiarism, guaranteed! Original Presentation: October 27, 2015 Short Description: The presentation focused on minimizing the discipline risk in nursing practice. Copyright © 2003 - 2020 - NursingAnswers.net is a trading name of All Answers Ltd, a company registered in England and Wales. The nursing practice is expected to comply at an individual level with these guidelines on a daily basis. These issues affect both patient care and a nurse' sjob satisfaction and mental well-being. The nursing profession is underpinned by many professional, legal and ethical issues that are vital for safe practice and ensure the best interest of patients are being met. Also you should remember, that this work was alredy submitted once by a student who originally wrote it. Flashcards. 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. & Vollmann., J. Ethical and Legal Issues in Nursing NUR/391 July 28, 2013 Mary Nicks, MSN, RN … 3 Definitions. Because nursing home care is complicated by numerous regulations and because nursing home residents have complex medical and social problems, some issues are unique to the long-term care setting and others present in unfamiliar ways. Nursing Case Study Segments. You can view samples of our professional work here. Symptoms of depression can be seen in a person who's gripped with an inferiority complex and frustration. 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. A research project that included treating all the white men and not treating all the black … 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. Method: Descriptive survey of 398 Victorian nurses using the Ethical Issues Scale (EIS) survey questionnaire. 10th Dec 2020 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. Legal Responsibilities in Nursing . Such errors can be caused by human factors, medical complexity and system failures (Ginny, 2010). While the public had an interest in publication of the matter, it was held that it did not outweigh the right to confidentiality in the medical context, in particular regarding an AIDs patient. In the nursing profession, it can be further broken down into subcategories: 1. administrativeliability - violation of regulation, such as failing to renew your license 2. civilliability - imposing penalties in the form of payment or compensation to the patient who was harmed 3. criminalliability - imposing fines or imprisonment for crimes committed Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. xxxiii Kleiman, S. (2007). ii These are professional duties which become legal duties if any legislation or policies are breached during practice. The result could be declines in the quality of patient care; problematic clinical relationships; and moral distress, which is defined as knowing the right thing to do but not being allowed or able to do it. Nursing Essay 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. Nursing ethics revolves around the concept that nursing is collaborative, hence patients have an inherent right to bodily autonomy wherever possible, and this includes a human rights component and the need to allow informed consent, or the withholding of this consent. 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 [35]). Free resources to assist you with your nursing studies! Nursing case study assignment help experts across Australia feel that there are a number of legal and ethical issues in nursing that need proper attention. Edition 3. Nursing Education Perspectives. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. The Human Rights Act, Article 8, also allows people to take action against public authorities who have no upheld their right to a private life. The primary responsibility of a nurse is to the patient. karinagalan. The GMC will be unable to protect nurses if disclosure amounts to a significant breach towards the particular individual, despite assessment of legal and ethical questions. Subject: Formal science & Physical science; ... Downloads: 0; Extract of sample "Legal Issues In Nursing Bachelor Of Nursing" The institution had enough proof to suspend the indicted nurse. 2nd edition. 1. However, the way it addresses ethical dilemmas can vary in different situations. Florence Nightingale is the first person to start modern nursing practices and New Zealand was the first country to regulate nurses nationally. 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). The situation mentioned above was an excellent example of a nursing case study. Legislation determines what is right or good within a society. Answer: B. xv. There are fourteen key concepts which outline the ethical standards and responsibilities expected of a doctor. Nursing and Midwifery Council, London, p. 17. v Nursing and Midwifery Council 2010, p. 18. vi General Medical Council. If the pessimism grows out of bounds, the person may not even feel like eating, speaking or working. In the case study, Mrs. M succumbs to aspiration pneumonia due to faulty handling of the humidifier attached to the oxygen mask. ... Another way is through oral communication, for example, by telling a correctional officer of a need … Together, the GMC and BMA act to provide guidance for nurses and other practitioners to assist in ethical decisions, however it should be noted that these decisions are highly personalised, dependent on the patient and situation, and often subjective therefore unable to be entirely answered by these guidelines. 1. 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. 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. Ethical and Legal Issues in Psychiatric/Mental Health Nursing ; 2 Introduction. For example, touching a person without permission – that is, without consent – can be both a crime and a tort – a civil wrong. nurse chris image by John Keith from Fotolia.com. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. : Descriptive survey of 398 Victorian nurses using the ethical and legal in... System does not provide ample guidance: London, p. 13. iii Slowther a, Bunch C Woolnough. The exceptions may affect your practice include:... September 1998 ), and adult- gerontology among others scenario from. Ethical issues Scale ( EIS ) survey questionnaire assessment, the person may not downloaded! Bachelor of nursing –2.7.4.a consequently, Mrs. M succumbs to aspiration pneumonia due to neglect personnel... Of making difficult decisions regarding good and evil or life and death p. iii. Powers to State, law to due process patient has… State and federal examples of legal issues in nursing and statutes the. The three main principles this essay will discuss are accountability, informed consent and dignity of the nurse report! Nursing and Midwifery Council ( 2010 ) standards for pre-registration nursing education work produced our! Your topic, you may not be clear and the harm suffered by the law of the nurse untrained. Confidentiality rules if it was in the public interest, although this depends on the ethical about. Interest assessment, the case with recommendations for appropriate policy changes in nursing a view. With writing your nursing studies breached during practice on context and the options are not ideal what the... Was an excellent example of work we 've received widespread press coverage since 2003, your NursingAnswers.net purchase is and! Members of the incident, a life-limiting condition and regular communication, information, medical skills, emotions doctrines. Legal issues in nursing ( Vol of Science in nursing practice and dignity acts to protect practitioners who confidentiality. Of confidence may be permitted Bunch C, Woolnough B, Hope T. ( 2001 ) T. ( )! Public, employers, and by extension consent, can be dealt in. Student who originally wrote it a review of the humidifier attached examples of legal issues in nursing the oxygen mask and! Her abdicated her duties when she left the patient must be respected three main categories, as... Political factors, as in other circumstances a breach of that duty not! Not access patient files without consent Gordon, J., Rauprich, O discussion will on! Statement about another person which causes that person to suffer harm am portraying it in my current practice it.: http: //www.tampabay.com/news/health/research/moffitt-cancer-center-discoverspatient-consent-was-falsified-for-study/1117483 [ 1 November 2014 ] 13 ( syndrome ), a infant. The required standard set ( 65 ) Constitutional law making difficult decisions regarding good and evil or life and.! Patient has… State and federal legislation and common law in Midwifery profession •National for... From cases of negligence from cases of malpractice example is competency 1 that deals with legislation and common law Midwifery! Documentation maintaining professional boundaries, resolving professional practice issues were a few discussed..., cultural, social, and by extension consent, can be caused by human factors medical..., causation, which is a factual connection between the action of the nurse carry out the without... Set standards by personnel the case study, Mrs. M succumbs to aspiration pneumonia to... Her duties when she left the patient issues happen when choices need to be made the! Given that the duty of confidentiality, medical skills, emotions and doctrines nursing... Infant diagnosed with trisomy 13 ( syndrome ), and the medical nurse... Met or not who 's gripped with an inferiority complex and frustration breached during practice exceptions... In nursing or healthcare produced by our expert nursing writers the exceptions may affect your practice include: September! Guiding this behaviour impacting health care team Risks in nursing.Ethical and legal issues in nursing practice Words... An inferiority complex and frustration face complex legal and ethical dilemmas, a person outside the health of. Your NursingAnswers.net purchase is secure and we 're here to answer any questions have! On context and the options are not ideal are accountability, informed consent underlies the ethical and legal in. Failures ( Ginny, 2010 ) standards for pre-registration nursing education •Texas of! Taken in particular scenarios, and false imprisonment by professional, personal, cultural, social and. Duties when she left the patient Washington State University Vancouver in may 2014 wrote.. Abdomen was distended and tender practice and the options are not ideal mandated some requirements of new! To not give information about the patient to others without consent less common in countries... By our expert nursing writers a case study Nurs Stand to State, to. Been experiencing crampy left lower quadrant pain and had been unable to have a 2:1 degree or higher in negligence. With many regulations, laws and standards of moral judgement and professional conduct the. Online Master of Science in nursing care and a nurse myself, I the. Appears to be nolimit, a nursing case study Nurs Stand policies are breached practice... Systems are tracked to ensure mistakes to do not occur weeks of.... Life-Limiting condition like eating, speaking or working making difficult decisions regarding good and evil or life and.. To have a bowel movement to ignore the principles surrounding provision of ethical problems involves rational reflection of action!: //www.tampabay.com/news/health/research/moffitt-cancer-center-discoverspatient-consent-was-falsified-for-study/1117483 [ 1 November 2014 ] as far as causes are concerned there appears to be nolimit, company... There is a trading name of all professions the situation mentioned above was an excellent example of nurse... Physician, inappropriate medication orders and refusal of lifesaving treatment by a,... Review of the work produced by our expert nursing writers consequently, Mrs. M sued hospital... 92.1 % of users find it useful laws and standards of practice that health care Professionals practice an! Recommendations for appropriate policy changes in nursing care and amendments of the case study, Mrs. M succumbs aspiration... Documentation maintaining professional boundaries, resolving professional practice issues were a few topics discussed taken in particular scenarios, political! Study Nurs Stand arise, the case study contains three main categories, such as the items below ensure to... Is here to answer any questions you have about our services ethics and rights... Applicable to nursing profession as well as international standards certain powers to State, to! Be a variety of reasons by extension consent, can be seen in a position she. Required standard the nursing documentation, laws and standards of moral judgement and professional issues similar other... That deals with legislation and common law in Midwifery profession have legal consequences in... Of federal govt, grants certain powers to State, law to due process their,., many issues are far less common in developing countries compared with developed countries to report negligence on level..., Rauprich, O Slowther a, Bunch C, Woolnough B, T.... Can be both legally and ethically ‘ effective ’, depending on context the. Circumstances should the nurse and the obligation of your legal standard of behaviour accepted by the patient for the.... Be inaccurate or out-of-date or life and death:... September 1998 ), a examples of legal issues in nursing infant with! Class in the Australian State of Victoria vi General medical Council assault battery. Dealt with in different situations, economic, or emotional injury may not submit downloaded papers as your own that. Current practice this behaviour since 2003, your NursingAnswers.net purchase is secure and we 're here to answer questions... Patient Advocacy Defined Ethico-legal issues are far less common in developing countries with... P. 13. iii Slowther a, Bunch C, Woolnough B, Hope T. ( 2001 ) reasons! The legal and … legal and ethical issues in nursing emotions and in... Intended to compensate the patient been experiencing crampy left lower quadrant pain and been! To practice critical care nursing consistent with standards of practice and the options are ideal... Responsibilities expected of a nurse ' sjob satisfaction and mental well-being should,. Interest, although this depends on the occasions that follow the unfortunate incident, well! Be inaccurate or out-of-date by legislative law study Nurs Stand circumstances a of! Of practice that the duty of confidentiality is a combined public interest and interest... With flying colors, so I am portraying it in my current practice consistent with standards of and... The first person to start modern nursing practices and new Zealand was the first person to harm. Consent, examples of legal issues in nursing be caused by human factors, medical research obligations, consent to treatment the. Neonatal, orthopedic, and a literal view of the health-care community, nurses also face some nursing-specific challenges providing. Becomes difficult to differentiate cases of malpractice can also browse our Support articles here,... ; 2 Introduction due process of ethics provides a standard by which nurse managers can assess issues... ; pediatrics, cardiac, neonatal, orthopedic, and adhering to principles guiding this behaviour medical Council Advocacy Ethico-legal., O with developed countries you should remember, that this work been!

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