Nursing Practice – Ethical and Legal Issues . All work is written to order. These duties are ethical duties as well because ethical considerations arise when these duties are breached, considerations such as when can these duties be contemplated, so there for these duties are ethical duties as well. To function in this dual role, it is essential for the nurse to understand the legal foundation for nursing 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 care plan Sample assignments: Here are certain nursing care plan samples which can help the students in writing the legal and ethical issues assignments which are the major part of academic nursing curriculum. These include the Abortion Act 1967, the Mental Health Act 1983, theData Protection Act 1998, The Children Act 1989, various Acts relevant only in Scotland, and guidance such as the Guidance for Access to Health Records Requests provided by the Department of Health. In England, a patient is considered a minor if he or she is under 18 years of age, although in Scotland the required age is lower at 16. In this case Mr. S is making constant requests for having 40mgs of morphine which is prescribed to him every 4hours PRN. you may add on to this.. Ethical and Legal Issues in Nursing Essay. 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. This ethical tight-rope is walked by nursing professionals on a daily basis; how they handle these ethical dilemmas will vary. About Legal Issues Rights, responsibilities, scope of nursing practice As defined by state nursing practice acts Sources of laws Sum total of rules and regulations by which a society is governed Law made at federal, state, and local levels 2. 13th Jun 2017 Nursing Reference this Disclaimer: This work has been submitted by a university student. 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. 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. 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. 75). You can view samples of our professional work here. In quantitative research, much attention should be paid to addressing ethical and legal norms and rules. Autonomy has two aspects, one from the nurse’s view and another one from patient’s perspective, so n this essay we will discuss autonomy issues from perspectives of nurse and the patient. They are often considered as the vital part of nursing. Free resources to assist you with your nursing studies! Dealing with ethical issues will always be a factor in the field of nursing. CNA Ethical and legal issues As a professional member of the health care team, there are certain ethical and legal issues that must be upheld by the Certified Nurse Assistant. Company Registration No: 4964706. 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. “The justification for giving placebos is that in the judgement of the giver, the act is beneficial to the patient” (Rumbold. Nurses roles and the code of ethics have also been discussed in the essay. Chapter 3 LEGAL AND ETHICAL ASPECTS OF NURSING PRACTICE OBJECTIVES • Define the key terms/concepts • Discuss the distinctions between criminal law and civil law • Explain legal responsibilities and obligations of nurses • Discuss various legal issues that arise in nursing practice • Access, compare and contrast the Code of Professional Conduct for Nurses… Autonomy means to respect rights of others to determine a course of action. Bioethics. (2009). The legal and … Nursing Ethics: A Principle-Based Approach. *You can also browse our support articles here >, http://www.gmc-uk.org/publications/standards_guidance_for_doctors.asp, http://www.tampabay.com/news/health/research/moffitt-cancer-center-discoverspatient-consent-was-falsified-for-study/1117483. By Moira K. McGhee. In that case, Justice Rose reiterated that an AIDs case involved a significant public interest, but also a, fundamental right to individual confidentiality. This is a duty of confidentiality, to not give information about the patient to others without, consent. VAT Registration No: 842417633. 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] clinic to ensure they can apply principles of health care and ethics. 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. Physicians who provide care for nursing home residents are regularly challenged by ethical and legal issues. Legal and Ethical Issues in Nursing. Therefore informed consent is an ethical, legal and a professional duty of nurses and even every health professional. 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. 11th Feb 2020 (pp. So, giving him placebo is a better option. Nurses adhere to certain ethical principles when caring for patients. Many nurses do not have formal education in legal and ethical issues, and as such as often unqualified to address. As a nurse, she needs to have courage, honesty and should maintain the advocacy role. According to the scenario, these main ethical and legal duties will be respect of patient’s autonomy and the duty of care which is given to all the patients. Do you have a 2:1 degree or higher in nursing or healthcare? Here patient’s condition has been critically discussed and the main influence is on patient’s autonomy and informed consent of the patient. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. In this scenario, it is very critical to decide that if the patient has become dependent on morphine or is it the doctor who thinks the patient has become dependent, being a registered nurse; one should maintain the autonomy of the patient keeping the standards of health care provided to the patient. Free resources to assist you with your nursing studies! Respondents cited the following as their most frequently experienced dilemmas: Other responses include breaches of confidentiality, conflicts of … The NMC’s ‘Code of, Professional Conduct: Standards for conduct, performance and ethics’ is widely adhered to in the profession. *You can also browse our support articles here >. There are some contracts in nurse-client relationship which are boundaries, confidentiality and therapeutic nurse behaviours. Knowledge of these. illness, remove suffering, and extend services beyond the individual to their family and the community. According to Felicia “Liz” Stokes, JD, RN, senior policy advisor at the ANA’s Center for Ethics and Human Rights, ANA considers the top three nursing ethics issues as: Creating and maintaining an ethical work environment; Nursing’s role in social justice, such as … The main legal issues in the healthcare system relate to medical negligence, informed consent and confidentiality. Awareness of ethical problems involves rational reflection of what action should be taken in particular scenarios, and adhering to principles guiding this behaviour. As to school nurse grit, school nurses often face challenges with non-nurse administrators related to role clarification, accountability, and scope of … Another way is through oral communication, for example, by telling a correctional officer of a need to be seen by medical, or mentioning a health concern to the nurse during medication administration. The following are several common ethical dilemmas that nurses face while on the job. VAT Registration No: 842417633. Ethical issues happen when choices need to be made, the answers may not be clear and the options are not ideal. xxxiii Kleiman, S. (2007). It is believed that the autonomy issue can only be resolved by a team effort, which can include processes of health education, self management etc (Proot et al: 2002). You can view samples of our professional work here. When choices need to be made concerning ethical issues, but the “best” course of action isn’t clear and the treatment options aren’t ideal, nurses are often faced with an ethical dilemma. 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. Mr. S has a right to decide if the morphine is relieving his pain or not and the health professionals are meant to respect his decision as patient is the person who is suffering from a very severe pain. ‘Moffitt Cancer Centre discovers patient consent was falsified.’ St. Petersburg Times. Ethical and Legal Issues in nursing Essay April 26, 2019 April 26, 2019 student approvedscholars The nursing regulatory body, the Nursing and Midwifery Council requires all registered nurses to have an understanding of the ethical and legal principles which underpin all aspects of nursing practice(NMC,2010). We'll go over law, jurisprudence, incompetence, liability, negligence, and malpractice. circumstances is integral in enabling nurses to perform their roles following ethical standards. SAGE Publications, p. 9. x Nursing and Midwifery Council 2010, p. 15. xi United Kingdom Central Council for Nursing, Midwifery, and Health Visiting (UKCC) (1992). Legal issues in nursing practice 1. Nursing Essay The following are several common ethical dilemmas that nurses face while on the job. Nurses must be guided in learning about ethics within their profession to ensure mistakes to do, not occur. The patient also has the right to have the informed consent about any medication which is prescribed to him. All work is written to order. 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. To make matters even trickier for nurses, the same ethical dilemma on two different occasions may require a different solution each time. 11th Feb 2020 Nursing Essay Reference this Tags: nursing. In the Nursing and Midwifery Order 2001, the Nursing and Midwifery Council (NMC) must establish minimum, standards and requirements for nursing education in professional and ethical issues.iv The NMC, is an organisation established by parliament to protect the public and regulates the medical and nursing professional standards using the Register of, Medical Practitioners (RMP). of Legal and Ethical Issues in Nursing reflects the continued influence that law and ethics have on the professional practice of the discipline of nursing. We're here to answer any questions you have about our services. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. In response to the need for nursing input into social and legal issues, nurses now find career opportunities as forensic nurses, legal nurse consultants, and nurse-attorneys (Blais & Hayes, 2011, pg. Mr. S condition successfully states the ethical, legal and professional issues that surrounds nurse’s and patient’s autonomy as patient’s need of morphine would be conveyed by the nurse to the doctor. This article discusses the hypothetical case of Jack, a two-day-old infant diagnosed with trisomy 13 (syndrome), a life-limiting condition. There is another positive point according to the nurse perspective which could be a main concern that the patient is demanding morphine repeatedly to make him feel satisfied and relieved from pain, but according to the nurse’s assessment, the patient feels satisfied and relieved mentally but that is not true, actually the patient has become mentally stuck that morphine s the only medication which can heal his pain. 1989 words (8 pages) Essay. This paper will explore the ethical and legal issues encountered by nurses in two case studies. The nurse has a duty to prevent the patient from anything worse happening to the patient but if the patient is not mentally ill, he/ she should have full right to take any decision for them. 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. In this essay, the whole critical discussion will be about the professional, ethical and legal issues that arise according to the given scenario. The NMC states that patients can expect professionals to consider all information confidential to enhance trust, and no information can be, disclosed without consent other than in exceptional circumstances.x Nurses are also under, instruction from doctors and employers, required to exercise their own judgment as well as following directions and adhering to the ethics of the team and, the Code of Professional Conduct for Nurses.xi This can lead to some conflict, where they, may be instructed to act contrary to their own personal beliefs, hence a balance of opinions must be applied by the individual to ensure they continue to, act in the patient’s best interests while following ethical obligations. (2013). This is our group presentation for our Trends and Transitions class, the last class in the Nursing Program. Yet, given their position within the hierarchy of the medical institution, nurses also face some nursing-specific challenges in providing medical care. 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. These issues affect both patient care and a nurse' sjob satisfaction and mental well-being. The consideration of legal and ethical issues is very significant in every profession. CHAPTER 44. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. In this scenario, the patient states the pain score as 8/10 after three hours of having morphine and the doctor thinks the patient has become dependent on morphine. (Nursing theorists may say when a nurse in faced with a dilemma the decision should be based on two ethical models – utilitarianism – one that brings the most good and the least harm for the greatest number of people or deontological theory – action is not judged on its consequences but is judged on whether it agrees with moral principles) This is not an example of the work produced by our Nursing Essay Writing Service. 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. Just some stuff to refresh your memory on the ethical and legal issues in nursing. 1 ). A comprehensive understanding of current legal and ethical frameworks facilitates the delivery of appropriate skilled nursing care. 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. Under no circumstances should the nurse carry out the order without clarification. & Vollmann., J. 11th Feb 2020 Nurses are highly accountable to patients, the … Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of NursingAnswers.net. Accommodations in Nursing Education •BSN Student totally “wheelchair Issue 6, p. 13. iii Slowther A, Bunch C, Woolnough B, Hope T. (2001). This is not an example of the work produced by our Essay Writing Service. The environment and specialty a RN works in can determine specific ethical dilemmas. Issue 8, p. 36. xxxvii Lord Goff in Re F (Mental Patient: Sterilisation)  AC 1. xxxviii Marshall v Curry  3 DLR 260; Murray v McMurchy  2 DLR 442. In response to the need for nursing input into social and legal issues, nurses now find career opportunities as forensic nurses, legal nurse consultants, and nurse-attorneys (Blais & Hayes, 2011, pg. Examples are unsafe nurse-to-patient ratio, nonresponse by a physician, inappropriate medication orders and refusal of lifesaving treatment by a competent adult patient. Jack's prognosis is poor, and he is not expected to live past two weeks of age. In this essay, we looked at the case of Mr. S who is in severe pain and is in need of another dose of morphine. 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. Legal, Ethical and Professional Issues in Nursing. Registered Data Controller No: Z1821391. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. All these contracts are applicable internationally. While the industry has changed in recent years due to modern healthcare, some ethical issues remain the same. Doctors think that the patient has become dependent on morphine so the doctors prescribe him for a placebo of normal saline instead. In response to the need for nursing input into social and legal issues, nurses now find career opportunities as forensic nurses, legal nurse consultants, and nurse-attorneys (Blais & Hayes, 2011, pg. Final year JINSAR 2. 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. Transforming Nursing Practice Series. Nursing and Midwifery Council, London, p. 17. v Nursing and Midwifery Council 2010, p. 18. vi General Medical Council. 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. 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 ). It is under Human Right Act of 1993 which when applied ensures that a person has a right to decide what they want without any interference of any other person. There are some negative points as well. PRESENTED BY: S. LINDA M.Sc. Ethical Principles in Nursing Pages: 3 (721 words) Legal and Ethical Issues for Mental Health Professionals Pages: 11 (2560 words) Legal and Ethical issues in nursing Pages: 13 (3092 words) Applying ethical principles in nursing management Pages: 5 (1190 words) This is the only current text to critically examine the vast array of legal and ethical matters confronting nursing faculty in classroom and clinical settings. Third, causation, which is a factual connection between the action of the nurse and the harm, suffered by the patient. The nursing regulatory body, the Nursing and Midwifery Council requires all registered nurses to have an understanding of the ethical and legal principles which underpin all aspects of nursing practice(NMC,2010). The patient must be considered competent to make the decision, as in other circumstances a breach of confidence may be permitted. 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. i Edwards, S. (2009). It is a fact that nurses encounter many situations where their ethical codes are tested. What are the top ethical issues in healthcare faced by hospital leaders and managers? In fact, nurses led the way in the 1980s in conducting empirical research on ethical issues (Pinch, 2009). situation, and often subjective therefore unable to be entirely answered by these guidelines. Second, a, breach of that duty by not meeting the required standard. Code of professional conduct for the nurse, midwife and health visitor. xxv The principle of autonomy for competent individuals then implies that confidentiality, must be respected. In England and, Wales, the Family Law Reform Act 1969 states that a person who is 16 or 17 years old has a statutory right to consent to treatment, under section, 8, a minor aged 16 or over is considered an adult and has the legal rights which flow from this categorisation. These principles include beneficence which is doing no harm to the patient, maleficence which is doing harm to a patient for positive outcome, justice in allocating care based on need not status and patient autonomy which is respecting the patients right to make health decisions.