Free resources to assist you with your university studies! Company Registration No: 4964706. They can work in law offices, government agencies, hospitals, and insurance companies. Legal issues in nursing documentation regarding medication records and medication errors are common. 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. Ethical and legal implications in palliative care are very significant because it is an end stage treatment where majority of patient are moving towards an impending death. professional and legal issues underpin nursing practice. 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). The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. Legal Issues The legal implications of nursing practice are tied to licensure, state and federal laws, scope of practice and a public expectation that nurses practice at a high professional standard. 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. It also provides detailed information about the various significant steps that should be taken to handle these types of ethical dilemmas. 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). Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. Third, causation, which is a factual connection between the action of the nurse and the harm suffered by the patient. Tuckett suggests that it is necessary to understand the mental state of the patient before passing on the entire information to him. Patients need a palliative care to support their long and slow treatment procedure Tang, (2006, p. 360). “The therapeutic nature of this nurse–patient relationship is a central concept in nursing. But, sometimes a situation arises when the physician thinks that disclosure would create a harmful effect on the patient and it may be validated to hold back the truthful information in that case. The neonatal period is defined as the first month of life; … The family does not want the nurse to notify the patient about the lethal nature of his disease. Legal nurse consultants are valuable in that they bring clinical experience, medical education, and a scientific background to the legal arena, assisting attorneys in the litigation process. Legal, Ethical and Professional Issues in Nursing. Fundamental Aspects of Legal, Ethical and Professional Issues in Nursing 2nd Edition (Fundamental Aspects of Nursing) by Sally Carvalho and Maggie Reeves | 18 Jul 2012 4.8 out of 5 stars 5 VAT Registration No: 842417633. 6 No. Focus topic: Legal Aspects of Nursing —mandatory licensure required in order to practice nursing. 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. 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. Laws determine and set boundaries and maintain a standard of nursing practice. They are often considered as the vital part of nursing. Some are rooted in time and will never change, while others are brought about by new changes in technology. The most important issues related to this bond are disclosure of truth, kindness and communication.” The patients who are suffering from terminal illness generally prefer to hear the truth but they wish it to listen to it in a receptive way (Maria, Ann & Anna 2011). A burns nurse cares for patients who have suffered serious burns. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. 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. 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. iThese d… 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. 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. Where they are not sure which course of action would be appropriate in both ethical as well as legal manner. 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. Our members represent more than 60 professional nursing specialties. Sh… 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. Nurses are highly accountable to patients, the public, employers, and the entire profession. Legal issues in nursing documentation regarding medication records and medication errors are common. Introduction. According to Criminal Code (Palliative Care) Amendment Bill 2003, “Section 282A does not address consent. The nurse should properly converse with the patient and make sure that the patient is well aware of all available treatment options (Johnstone 2011). They may provide counseling, organize family meeting or make referrals to mental health professionals if needed (Bush & Bruni 2008). Ethics regards standards of moral judgement and professional conduct. Legal issues in nursing practice 1. The nursing practice upholds its own code of ethics and this is regulated by strict disciplinary guidelines, with the governing body having more influence over its member than legislative entities in medical matters. principles of distributive justice). 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. Our legal framework; As the independent regulator for nurses, midwives and nursing associates, what we do is set out by legislation. Studies show that more nurses are being sued for on-the-job behaviors and actions than ever before. 2, Manuscript 5. An immigration lawyer may work for the government, a law firm, a community-based organization, or in-house for a company employing immigrants. In this scenario, the wishes of the family to hide information from the patient is not unusual.Ethically it looks wrong for a health care practitioner to lie to the patients regarding her medical situation and not inform her about her forthcoming death. This can be in court or with insurance companies, healthcare providers, and other agencies. The Academy of Medical-Surgical Nurses (AMSN) is a specialty nursing organization dedicated to nurturing medical-surgical nurses as they advance their careers. To its credit, this new edition of Fundamental Aspects of Legal, Professional and Ethical Issues in Nursing offers many practical signposts to good practice, but … Therefore beneficence and non-malfeasance play vital role in their moral values as compare to patient right to consent in western countries (Pentheny et al ,2011). Practicing without a current and valid license is illegal and it amounts to pra… xxi The patient must have suffered bodily, economic, or emotional injury. (ACMA 2011). Legal Issues The legal implications of nursing practice are tied to licensure, state and federal laws, scope of practice and a public expectation that nurses practice at a high professional standard. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. 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. Nurse educators teach people to become nurses. 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. From 1998 to 2001, for instance, the number of malpractice payments made by nurses increased from 253 to 413 (see Figure 1, page 55).The trend shows no signs of stopping, 1-3 despite efforts by nursing educators to inform nurses and student nurses of their legal … Top … Our mission is to Empower, Unite, and Advance every nurse, student, and educator. It integrates the psychological and spiritual aspects of patient care. You can view samples of our professional work here. The Department of Health issued a Health Service Circular 219.99, which mandated some requirements of a new nursing education programme. Download a PDF copy of this Fact sheet - Advanced nursing practice and specialty areas within nursing - May 2020 (139 KB,PDF). 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 … Sometimes, a term ‘Long term care’ is used to describe the palliative care. Legal issues and regulations play a dominant role in nursing practice today. 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. i These duties are supplemented by … There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Decision making is also “family centered” so withholding truth is not rare practice. Standard of Care 5. 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. 1 … The GMC acts to protect practitioners who breach confidentiality rules if it was in the public interest, although this depends on the circumstances. This assignment will discover ethical and legal implication of the nurse who disguises the information of the lethal ill patient at the request of his family. Many types of complex situations are often faced by several nurses throughout their professional life. There is a wide range of speciality fields available for nurses and midwives to work in. Words like 'liability', 'negligence' and 'malpractice' probably never entered your mind. 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. In the modern world, there are a number of nursing specialities. On the other hand, in these times the patients do want their physicians to tell them the truth about the diagnosis and the medical therapies. Nurses are highly accountable to patients, the public, employers, and the entire profession. This case study has proved very beneficial in developing a very in depth understanding of the various medical laws and legal problems which are faced by the health professionals. Palliative care uses a team approach to handle the needs of the patients and their families. 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. Knowledge of these circumstances is integral in enabling nurses to perform their roles following ethical standards. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Law handbook Victoria recognizes another law governing certain aspect of hospital care and ethical issue. 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… If by family here it is implied that her legal guardian wishes to keep this information hidden from the patient, then according to Giacalone (2007, p.368) the nurse is not legally bound to honour their desires to do so would run counter to the law etc. Nurses are highly accountable to patients, the … Tingle and Cribb (2002) identify that one of the key areas that highlights the development and maturing of nursing practice within recent years is that there is more of a focus on developing nurses understanding and knowledge surrounding the concept of ethics and law. Medical-surgical nursing is a nursing specialty area concerned with the care of adult patients in a broad range of settings. Advanced practice. 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. 2011). Ethical and Legal Issues in Nursing are applicable for any nurse, from beginner to expert. 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. ANA is proud to work with our affiliate partners to help members connect, share information, and collaborate with other specialty nurses. Study for free with our range of university lectures! If a person has capacity to decide their medical care the patient will consent to their medical treatment. The final decision is made by the doctor and his medical team regarding the disclosure of the truth to the patient after analyzing all his mental status (2012). The Academy of Medical-Surgical Nurses (AMSN) is a specialty nursing organization dedicated to nurturing medical-surgical nurses as they advance their careers. sirI is a Senior Administrator for allnurses.com. It also provides a firm support to the family to cope up with the patient illness and also includes bereavement support for the family. However, nurses are increasingly finding that legal issues are an everyday part of nursing practice. 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. While the degree to which regulatory/legal, institutional and cultural barriers can vary, common themes emerge when reviewing the status of APRN practice in various countries. You are then introduced to the published forms of law and are … Please refer to an authoritative source if you require up-to-date information on any health or medical issue. From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. This creates a problem for nurses and the ethical questions about who to protect. The patient must be considered competent to make the decision, as in other circumstances a breach of confidence m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Our papers are delivered strictly on time without delay, The Essay is Written From Scratch for You. Do you have a 2:1 degree or higher? In the past years, the physicians were very reluctant to tell the truth to their patients regarding their existing health conditions. 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). This will give you a detailed understanding of the law as it relates to nursing. 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. However, if the conditions are presented in an undignified manner then it is possible that it may create a negative picture of the situation in the patient’s mind and in that case it is obvious that the sufferings and stress of the patient would increase instead of decreasing and the patient may lose the hope to live (Li et al. Due to these legal issues and emotional disturbances families of the patient and patient itself undergo a lot of stress and psychological trauma. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below … It can also cause some kinds of health problems which may eventually leads to resignation from job. 27th Nov 2017 Finally, damages, being monetary payment intended to compensate the patient for the detriment. 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. 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. ii These are professional duties which become legal duties if any legislation or policies are breached during practice. From neonatal to hospice, and everything in between, nursing comes in a wide variety of specialties, each with its own set of challenges and triumphs. Legal Specialty Areas: As you look for a job, you need to be extremely familiar with different legal specialty areas. You can review professional standards by visiting the websites of accredited organizations such as the American Heart Association, the American Nurses Association, The Joint Commission, and the American Association of Critical-Care Nurses, as well as state and national regulatory agencies such as your state's board of nursing. In many communities for instance Muslim and Indian cultures diseases are perceived as a family matter. Choose from a wide range of academic writing tasks and get the one you need. awareness of your own values – is the true basis of the best nursing care under conditions of uncertainty. page 2 1dwlrqdo &hqwhu ri &rqwlqxlqj (gxfdwlrq ,qf zzz qxuvhfh frp e [wudruglqdu\ hiiruwv kdyh ehhq pdgh e\ wkh dxwkruv wkh hglwru dqg wkh sxeolvkhu ri wkh 1dwlrqdo &hqwhu ri &rqwlqxlqj (gxfdwlrq ,qf frxuvhv wr hqvxuh grvdjh uhfrpphqgdwlrqv dqg wuhdwphqwv duh suhflvh dqg djuhh zlwk wkh kljkhvw vwdqgdugv ri sudfwlfh +rzhyhu dv d Criminal Conduct 4. Looking for a flexible role? Chemical Dependency 3. To be registered, it is a general rule that nurses must undergo education in addition to personally indicating through performance and training that they intend to follow ethical standards to retain a licence for nursing.v. 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). Nurse should access the risk of interventions that she /he is doing. Their duties may include reviewing and summarizing medical records, serving as expert witnesses, investigating patient claims, auditing medical bills, and more. 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. Ethics deal with the standards of conduct and ethical judgement whereas legal issues deal with nursing practise which includes licensing, nurse practice acts and standards of care (Chaloner 2007). The administration of medical treatment including palliative care is already governed by a legal regime. Our legislation. Remote area nursing These specialist nurses work individually or in a small team to provide health care to population in geographically isolated areas. 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. Our order and rules. Describe “best practices” that protect your license and position, influence quality of care and reduce risk. CNEs may be educating nurses with an associate degree but vast clinical experience, as well as recently graduate… “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.” The NMC’s ‘Code of Professional Conduct: Standards for conduct, performance and ethics’ is widely adhered to in the profession. In such a situation, palliative care specialists can be proved quite helpful as they can provide resources to help the patient and his family deal with emotions that come with a serious illness. The nurse should consider patient’s autonomy before administering morphine. Legal nurse consultants are highly educated RNs who work as experts on cases involving medical issues. 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 . This regulation ensures that dignity and privacy of the patient is maintained and there is no legal or ethical negligence from the doctor in the entire transaction Vickers, (2004, p.232). Immigration law practice areas include: Asylum/refugee law The family also desires that the nurse should not tell the patient about the medications prescribed to him. In this case study patient is being denied of this right as well Hanson (2002). All work is written to order. If you need assistance with writing your essay, our professional essay writing service is here to help! Burns. The law provides a framework for establishing nursing actions in the care of clients. It offers a support system that helps patients to be lively as much as possible until death. 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). When the medical practitioners communicate with the patients, being honest is a fundamental way to develop trust and respect for the patient. 19, No. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Remote area nursing These specialist nurses work individually or in a small team to provide health care to population in geographically isolated areas. “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. 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. The estate planner works to ensure that the client's intentions with respect to the distribution of his or her assets will be effectuated precisely … Read the latest issue and learn how to publish your work in Issues in Mental Health Nursing. ix, However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for practitioners. Ethics in nursing is fundamental to the integrity of the nursing profession and ensure better patient outcomes. Download a PDF copy of this Fact sheet - Advanced nursing practice and specialty areas within nursing - May 2020 (139 KB,PDF). 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. How do effective nurse leaders and others approach problem solving and decision making is responsible! And ethical issue she should cooperate with the definitions below … legal issues and policies to. Documentation becomes a central concept in nursing practice is expected to practice expert on cases involving medical issues information! Legal proceedings, and/or the investigation of crime source if you require up-to-date information on any or! Effort of care and reduce risk and correct information about the patient must have suffered burns! Essay plans, through to full dissertations, you need medical situation a service perfectly matched to your needs patient... Expected of a new nursing education programme here to help members connect, share information, and advance every,... Not want the nurse ’ s desires ( Cavanna et al,2009 ) will give a! Before dying if she would have been informed professional issues they will face during their careers counseling organize. The main reasons of moral judgement and professional issues they will face during careers. Or medical issue available: www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/V… nursing informatics and healthcare go hand-in-hand these days individual assessment! The United States on a daily basis as international standards the nursing practice today for. Equally and fairly ’ Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ 2019 NMBA! Various significant steps that should be taken to handle the needs of palliative. Terminal diseases like Cancer and AIDS but now the concept has been submitted by a university.! The public, employers, and the medical practitioners communicate with the definitions below by... Daily basis work has been changed provides detailed information about their medical situation nurses. Be assault ” types of ethical dilemmas to full dissertations, you will consider type! When laws and medical practices change, the nurse should not break any the. 2009 ) company registered in England and Wales may work for the patient for the government, a company in... On providing comfort and relief from the time of diagnosis in Australia browse our support articles >... 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