Nurses are highly accountable to patients, the public, employers, and the entire profession. She has worked as an in-patient charge nurse, clinical research coordinator doing research for pharmaceutical companies, and has served as the RN-case manager for Great Plains Home Health and Asera Care Hospice serving central Nebraska. principles of distributive justice). There are three major sources of primary legal material, as follows. What they do: Currently, nurse educator is the nursing specialty in highest demand; a survey in 2010 found that 56% of nursing schools in the United States had nursing educator positions open. Ulysses et al (2011) asserts that in health practise the therapeutic nondisclosure may lead to frustration which in turn affects the practitioner’s responsibility towards his patient and his family. Prima Facie it is a clear case of violation of constitutional rights of a patient if nursing professional does not inform the patient about her medical condition and learn her desire and judgment in designing and developing her future treatment and palliative care plan. . A Forensic Nurse expert witness gathers evidence from victims of sexual assault and trauma, and testifies in court as part of the criminal justice system. A. Knowledge of these circumstances is integral in enabling nurses to perform their roles following ethical standards. They are often considered as the vital part of nursing. In the following discussion, I will look at the ethical principles and legal implications of hiding information from the patient and administering morphine without his information or approval. Forensic Nursing is the application of nursing science to public or legal proceedings, and/or the investigation of crime. More and more nurses are being named defendants in malpractice lawsuits, according to the National Practitioner Data Bank (NPDB). Company Registration No: 4964706. You are then introduced to the published forms of law and are … No plagiarism, guaranteed! The NMC (2008) provides strict guidance about the nursing practitioners code of practice and the accountability that members of the profession should have towards patients in their care; it is in light of this that nursing professionals have a responsi… On the other hand, it may be possible that the patient does not want to listen to the information regarding his health but in such a situation it is the duty of the physician to provide the basic information to the patient (council 2004). It is a team based effort of care giving and it is also responsible for initiating the concept of dedicated palliative care development team. We're here to answer any questions you have about our services. 1. There is a wide range of speciality fields available for nurses and midwives to work in. Burns. When the wrong drug is administered, the wrong dose is given or the wrong mode of administration is used, a medication error has occurred that can have serious … Due to these legal issues and emotional disturbances families of the patient and patient itself undergo a lot of stress and psychological trauma. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. The Disciplinary Process 2. An immigration lawyer may work for the government, a law firm, a community-based organization, or in-house for a company employing immigrants. Download a PDF copy of this Fact sheet - Advanced nursing practice and specialty areas within nursing - May 2020 (139 KB,PDF). 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. Medical-surgical nursing is a nursing specialty area concerned with the care of adult patients in a broad range of settings. Standard of Care 5. If you need assistance with writing your essay, our professional essay writing service is here to help! 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. Critically analyse how ethical, professional and legal issues underpin nursing practice. ix, However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for practitioners. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. administer medication without consent. Our members represent more than 60 professional nursing specialties. There might be things which she wants to do before dying if she would have been informed. 2, Manuscript 5. Legal issues in nursing documentation regarding medication records and medication errors are common. Second, a breach of that duty by not meeting the required standard. Examine medical malpractice cases and the impact on the nurse and the … You can view samples of our professional work here. Various prominent medical cases have been heard recently, in particular relating to nurses assisting suicide, the refusal of medical treatment by a patient who is competent, and using embryos frozen for IVF. It is a primary phenomena in resolving ethical dilemmas .It required to be supplemented by providing good care to health service user (Botes 2000).In order to apply justice health professionals provide care evenly to all the patients in hospital not patient and family. The nurse should properly converse with the patient and make sure that the patient is well aware of all available treatment options (Johnstone 2011). \"Legal Considerations for Nurses Practicing in a Telehealth Setting\". Types of Nursing Specialties: 20 Fast-Growing Nursing Fields With the nursing field constantly evolving, there are a variety of different types of nurses you can be. Practicing without a current and valid license is illegal and it amounts to pra… There are various palliative regimes which are applicable for other diseases, such as cardiac or renal disease, so as to help the patient to cope with the suffering (Johnson et al. Beneficence- The principal of beneficence as a ‘do good’ describes applications of interventions that are carried out by nurse and physician for the benefit of patient .It also include the protection of right of health service consumer (Staunton & Chiarella 2008). Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocations of their license. Patients need a palliative care to support their long and slow treatment procedure Tang, (2006, p. 360). 19, No. In 2015 the IOM Committee for the Evaluation of the Impact of the Institute of Medicine Report on The Future of Nursing assessed the changes to the field of nursing and peripheral areas over the past five years as a result of the IOM report on the future of nursing . When legal issues arise, the nursing documentation becomes a central part of proving whether standards of care were met or not. Do you have a 2:1 degree or higher? The neonatal period is defined as the first month of life; … The neonatal period is defined as the first month of … CNEs may be educating nurses with an associate degree but vast clinical experience, as well as recently graduate… You likely chose the nursing profession because you enjoy helping others. According a survey conducted almost three decades ago, it has been cleared that 97% of the physicians felt that it is correct to tell the truth to the patients regarding all the relevant aspects of their illness which includes the nature of the illness and its expected outcomes. The NMC contains guidelines regarding the expectations of particular duties such as confidentiality, medical research obligations, consent rights, and autonomy. Palliative care is often associated with terminal diseases like Cancer and AIDS but now the concept has been changed. 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. Criminal Conduct 4. Nurses are highly accountable to patients, the … Find out which clinical specialties and areas of practice are offered in each WA Health public hospital and health service. Johnstone (2011, p 21) says that nursing professional is very uncertain. In the modern world, there are a number of nursing specialities. i These duties are supplemented by … “Patients and families from diverse communities have different beliefs about autonomy and may not envision disclosure of information in the same way as their health care providers. How do effective nurse leaders and others approach problem solving and decision making in organizations. Law handbook Victoria recognizes another law governing certain aspect of hospital care and ethical issue. Decision making is also “family centered” so withholding truth is not rare 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. Medical-surgical nursing is a nursing specialty area concerned with the care of adult patients in a broad range of settings. Issues in Nursing Vol. At the end of 2013, 80% of hospitals and 50% of healthcare providers implemented EHRs.1 But, the … Studies show that more nurses are being sued for on-the-job behaviors and actions than ever before. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Whether court sides with students or nursing programs depends on various factors 11/10/2017 This result in deteriorating in her physical health and she may ask question about her situation and prognosis of the disease. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below approved by the NMBA in August 2019. 3, Manuscript 3. This article includes a link to our free guide to a career in nursing. Non – maleficience – This principle is based on the phenomena of ‘does no harm’ for example in health care when privacy hard to maintain for research or study purpose then health professional ensure that they do not disclose the patient’s personal details .This principal helps in prevent the occurrence and possibilities of harm. Registered Data Controller No: Z1821391. The health professional should motivate the family introducing them the benefit of therapeutic discloser and harmful effects of concealing information e.g. Legal issues and regulations play a dominant role in nursing practice today. Online Journal of Issues in Nursing. Justice -Justice described as treat everyone ‘equally and fairly’. Demonstrate an understanding of the professional, ethical and legal issues while reflecting on the roles, relationships and influences on nurse/midwife prescribing practice Describe and discuss your personal perspectives of the therapeutic relationship as a provider of aromatherapy. Words like 'liability', 'negligence' and 'malpractice' probably never entered your mind. This can be in court or with insurance companies, healthcare providers, and other agencies. (Goethals, Gastmans & de Casterlé 2010) state that many a times the moral distress may lead to less involvement of nurse in his work. xiv When read with Article 3, it can be implied that there is a fundamental right for all individuals to determine their own lives, without interference from the government, including the right to choose medical treatment – treatment must be either consensual, or if the patient is in fact incapable of consent, it must be therapeutically necessary. ANA is proud to work with our affiliate partners to help members connect, share information, and collaborate with other specialty nurses. The nurse’s education, license and nursing standard provide the framework by which nurses … Autonomy– The main principle of autonomy is that the patient should have adequate information about his condition so as to make a significant choice of treatment (Moulton & King 2010). Free resources to assist you with your university studies! However, nurses are increasingly finding that legal issues are an everyday part of nursing practice. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Given that the duty of confidentiality is a combined public interest and individual interest assessment, the judicial system does not provide ample guidance. 1 … The GMC has also provided guidance on particular areas such as consent, confidentiality, and withholding or withdrawing treatment.vi This guidance is not mandatory, but is recognised at law, and in the case of W v Egdell, the court referred to the GMC guidelines on confidentiality.vii The British Medical Association (BMA) is the national association of practising doctors, with its own medical ethics unit which deals with individual ethical queries from doctors and nurses, and provides guidelines on ethical issues. Specialty areas include OB-GYN, trauma, med-legal consulting, forensics, and education. Search results Jump to search results. Research Nurses who responsible for conducting research and apply the findings into practice. In these cases this is an area that needs to be carefully explored with patients to ensure their wishes are respected and they are included in the information process in the way that they wish to be.” In this scenario nurse should communicate with the family members in order to convince and find out their preferred way to disclose the diagnosis and prognosis of disease. Trusts & Estates Law: This practice area is unique in that it brings the practitioner in close contact with the personal lives of clients. The Department of Health issued a Health Service Circular 219.99, which mandated some requirements of a new nursing education programme. Log in | Register Cart. 6 No. *You can also browse our support articles here >. Neonatal nursing is a sub-specialty of nursing that works with newborn infants born with a variety of problems ranging from prematurity, birth defects, infection, cardiac malformations, and surgical problems. “Section 282A does not address consent. It is important to note at the beginning of this chapter that the term APRN will be used throughout as this is the term used to describe advanced practice nurses in a regulatory context. The ANA also publishes separate ethics guides for different specialties and controversial areas, such as the ethics involved in end of life decision making. Moreover, the nurse is uncertain whether she would go after the wishes of the family or not. This will give you a detailed understanding of the law as it relates to nursing. Faith nursing, gero, pediatrics, med surg, emergency, community, school nursing, management, etc Certification is the voluntary practice of validating that an individual nurse has met the minimum standards of nursing competence in specific areas. xviii The consent is valid if the minor is of ‘sufficient intelligence and understanding to appreciate the information and advice about the treatment and what it involves,’ for instance if a teenage girl consent in receiving contraceptive advice without her parents’ knowledge or consent.xix As the law enforces a duty of confidentiality by nurses to adults, the law then extends the duty to children who are competent in consenting to treatment. 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 UKEssays.com then please: Our academic writing and marking services can help you! Laws determine and set boundaries and maintain a standard of nursing practice. In the past years, the physicians were very reluctant to tell the truth to their patients regarding their existing health conditions. (Carlson et al. Even the court of law has approved this argument that if the doctor and his medical team prove with an evidence that the information would have a devastating effect on the patient then they have a full power to hide the information from the patient or they reveal the truth to the patient when they believe it is appropriate time to tell Seymour (2004, p. 165). A number of medical professionals from different fields of medical sciences are constantly working on developing and designing new measures to provide the best palliative care to the patients who are suffering from serious illness. Disclaimer: This work has been submitted by a university student. The GMC acts to protect practitioners who breach confidentiality rules if it was in the public interest, although this depends on the circumstances. 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. 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. “We’ve seen a number of issues coming to a head, in particular at the Pinecrest Nursing Home in Bobcaygeon where 29 residents and the spouse of a resident have died due to COVID-19.” No state or federal laws prohibit an NP from practicing in a specialty area. In this case study patient is being denied of this right as well Hanson (2002). This is a duty of confidentiality, to not give information about the patient to others without consent. From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. Sh… According to the constitution of Australia, it is not at all acceptable to claim the life of a person for any medical reason and direct any medications without his consent. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. When the medical practitioners communicate with the patients, being honest is a fundamental way to develop trust and respect for the patient. Ethical and Legal Issues in Nursing are applicable for any nurse, from beginner to expert. Legal issues in nursing practice 1. Since 1997, allnurses is trusted by nurses around the globe. It begins by highlighting that the Nursing and Midwifery Council’s Code, which sets out the standard for professional practice, is under- pinned by the law. Unauthorised administration of medical treatment would be assault”. Case law is the second branch monitoring ethical standards in nursing and the medical profession. Introduction. awareness of your own values – is the true basis of the best nursing care under conditions of uncertainty. It integrates the psychological and spiritual aspects of patient care. The term advanced practice nurse as described in chapter 3 is an expansive, powerful idea, not a physician substitute or a narrow set of skills or credentials. xv. Ethics and legal implications are very closely related with each other. 2008). These certifications are specialty specific such as a Med-Surg certification, Neonatal, Gero, etc. Patients show a great deal of trust in their physician and they may feel deceived if they discover that there is lack of honesty by the physician. It is very complicated to reveal the information opposite to relative’s desires (Cavanna et al ,2009). 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