Issues in Nursing Vol. There is also legal implication with the fact that a patient is being treated without her consent and it is also violation of the law which gives a patient right to refusal for treatment on her body. Some are rooted in time and will never change, while others are brought about by new changes in technology. 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. Although there are many textbooks and periodicals that discuss legal issues in nursing, it is best whenever possible to study the primary legal material as well. xxi The patient must have suffered bodily, economic, or emotional injury. 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. 1.156 Issues in Mental Health Nursing. 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 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. 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). This essay may contain factual inaccuracies or out of date material. 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. 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. The American Association of Law Libraries endorses LegalTrac, and its special advisory committee selects, reviews, and … Whether court sides with students or nursing programs depends on various factors 11/10/2017 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. Health professional should treat the person ‘autonomously’ and prevent him/her from harm and care provider should also aware of legal implication of action taken(Ulysse, Balicas & Yiquing 2011). 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). PSY403 Ethical and Professional Issues In Psychology. B.American Nurses Association: “The practice of nursing means the performance for compensation of professional … “Section 282A does not address consent. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Study for free with our range of university lectures! When the medical practitioners communicate with the patients, being honest is a fundamental way to develop trust and respect for the patient. Words like 'liability', 'negligence' and 'malpractice' probably never entered your mind. (Ford & Reutter 1990) .It also refrain the nurse from the intentional commission of a wrongful act. 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 . Medication Errors. Nurses are highly accountable to patients, the public, employers, and the entire profession. Read the latest issue and learn how to publish your work in Issues in Mental Health Nursing. 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. 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. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Immigration law practice areas include: Asylum/refugee law administer medication without consent. This will give you a detailed understanding of the law as it relates to nursing. The administration of medical treatment including palliative care is already governed by a legal regime. With an adult patient it is relatively important to understand the concept of death and disease and they can take a realistic approach towards it by spending their remaining time in a productive manner saying good bye to dear ones and taking care of all formalities before meeting a demises. Top … Ethical issues in nursing contain all the tough decisions the healthcare profession faces each day in caring for society. Our academic experts are ready and waiting to assist with any writing project you may have. In this case study patient is facing an impending death from cancer and terminal diagnosis of cancer which will brings her life to the end. They can work in law offices, government agencies, hospitals, and insurance companies. 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. (Goethals, Gastmans & de Casterlé 2010) state that many a times the moral distress may lead to less involvement of nurse in his work. Do you have a 2:1 degree or higher? ANA is proud to work with our affiliate partners to help members connect, share information, and collaborate with other specialty nurses. Critically analyse how ethical, professional and legal issues underpin nursing practice. “The situation is fairly dire for nursing homes and long-term care facilities throughout Ontario right now,” says Joffe, who is hosting a webinar on the issues facing long-term care facilities. All work is written to order. 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. Advanced practice. In many communities for instance Muslim and Indian cultures diseases are perceived as a family matter. The law provides a framework for establishing nursing actions in the care of clients. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. ix, However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for practitioners. Our order and rules. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. 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. Due to these legal issues and emotional disturbances families of the patient and patient itself undergo a lot of stress and psychological trauma. Nursing informatics and healthcare go hand-in-hand these days. The most common reaction to a perceived breach of ethical standards in the health profession is an action in negligence and malpractice, being the act or omission or commission made by the nurse or doctor.xx It requires four elements: duty, being a legal obligation owed to the patient – nurses must provide the degree of care reasonably exercised by other nurses in that practice area. Looking for a flexible role? The Core Ethical Principles of Nursing Even when laws and medical practices change, the fundamental ethical principles of the nursing profession stand firm. No state or federal laws prohibit an NP from practicing in a specialty area. The Academy of Medical-Surgical Nurses (AMSN) is a specialty nursing organization dedicated to nurturing medical-surgical nurses as they advance their careers. The team includes doctor, nurse, massage therapists, nutritionists and pharmacists. Ambulatory care nursing Download a PDF copy of this Fact sheet - Advanced nursing practice and specialty areas within nursing - May 2020 (139 KB,PDF). A legal nurse consultant is a nurse who works as an expert on cases involving medical issues. 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. Practicing without a current and valid license is illegal and it amounts to pra… Our members represent more than 60 professional nursing specialties. CNEs may be educating nurses with an associate degree but vast clinical experience, as well as recently graduate… Nursing specialties - there are over 25 areas of specialization in nursing available in Australia. Ethics and legal implications are very closely related with each other. 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. The law provides a framework for establishing nursing actions in the care of clients. 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. viii While case law often determines the ‘public interest’ query, individual practitioners and nurses must still exercise professional judgment and are personally accountable for any decisions which may breach ethical standards. 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. Legal, Ethical and Professional Issues in Nursing. Correctional nursing specialists provide efficient, quality health … Standard of Care 5. VAT Registration No: 842417633. allnurses is a Nursing Career, Support, and News Site. Julie M. Mroczek, BSN, RN-BC, CLNC, is a Certified Legal Nurse Consultant in North Platte, NE, and has researched and developed legal medical personnel injury and malpractice cases for attorneys for the last 5 years. There is a range of statutes impacting health care in the UK, as well as international standards. Free resources to assist you with your university studies! The ANA also publishes separate ethics guides for different specialties and controversial areas, such as the ethics involved in end of life decision making. (Robinson January-February) explains that sometimes holding back the truthful information from patient may lead to feeling of regret in the health care providers. TPAPN 6. A. Legal, Ethical and Professional Issues in Nursing. Focus topic: Legal Aspects of Nursing —mandatory licensure required in order to practice nursing. This can be in court or with insurance companies, healthcare providers, and other agencies. Medscape's Legal and Professional Issues for Nurses allows readers to seek general information from Carolyn Buppert, NP, JD about legal or professional nursing issues, … 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 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below approved by the NMBA in August 2019. 1 … 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 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). 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. Because of this entitlement professionals delivering palliative care and family members of the patient involves in legal and ethical dilemma. Company Registration No: 4964706. Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. It offers a support system that helps patients to be lively as much as possible until death. Negligence claims, products liability issues, defamation, and intentional torts make up the basis for most disputes arising in this specialty area. The NMC’s ‘Code of Professional Conduct: Standards for conduct, performance and ethics’ is widely adhered to in the profession. Third, causation, which is a factual connection between the action of the nurse and the harm suffered by the patient. 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. Laws determine and set boundaries and maintain a standard of nursing practice. xv. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below … This is a duty of confidentiality, to not give information about the patient to others without consent. This area of nursing focuses on: burn types Vol. It is also encouraged that in case of a dilemma a professional should seek help from their regulatory body or councils which can guide them towards a legally and ethically rightful path Hui, (2010, p.76). At the Leichter Law Firm, we may be able to help you understand the following aspects of nursing license defense: 1. This law is known as doctor patient confidentiality law this state that medical practitioner doctor, nurse or a paramedical personnel cannot divulge information about his patient to a non related person or a person without patient’s medical attorney until and unless directed by the court of law. (Carlson et al. 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. Trusts & Estates Law: This practice area is unique in that it brings the practitioner in close contact with the personal lives of clients. Palliative care is often associated with terminal diseases like Cancer and AIDS but now the concept has been changed. professional and legal issues underpin nursing practice. 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. 2008). Nursing 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. 2010). Unauthorised administration of medical treatment would be assault”. Some professionals consider such types of suffering more badly than death. 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. However, nurses are increasingly finding that legal issues are an everyday part of nursing practice. You can view samples of our professional work here. It is very complicated to reveal the information opposite to relative’s desires (Cavanna et al ,2009). No state or federal laws prohibit an NP from practicing in a specialty area. Choose from a wide range of academic writing tasks and get the one you need. The principle that a patient who understands relevant information regarding his or her medical problem should be able to make a decision about treatment extends to the duty conferred on doctors and nurses. Immigration law focuses on the legal issues and policies relating to immigrants who come to the United States on a temporary or permanent basis. The ethical practices that govern modern oncology nursing are non-malfeasance, beneficence, respect each person as a person and respect individual autonomy, treat people as they have a right to be treated and treated people fairly (i.e. Laws determine and set boundaries and maintain a standard of nursing practice. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Ethics in nursing is fundamental to the integrity of the nursing profession and ensure better patient outcomes. 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. Nurses are highly accountable to patients, the public, employers, and the entire profession. The PHKAN has now conferred 2289 Fellows from 14 accredited Colleges in the specialty areas of cardiac, community and public health, critical care, education and research, emergency, gerontology, medical, mental health, midwives, nursing and healthcare management, orthopaedic, paediatric, perioperative and surgical nursing. (Collis 2006) suggested that before disclosing the information to family members it is must to seek the patient’s consent. Criminal Conduct 4. Ethical and Legal Issues in Nursing are applicable for any nurse, from beginner to expert. The nursing practice is expected to comply at an individual level with these guidelines on a daily basis. A bachelor's degree in nursing (BSN) is typically a minimum educational requirement, but a Master's of Science in Nursing (MSN) with an educational specialization is recommended, along with leadership skills necessary to teach other nurses.1Despite the push for all nurses to attain their BSN, varying levels of education (with different levels of clinical experience) are still present in the nursing workforce. This result in deteriorating in her physical health and she may ask question about her situation and prognosis of the disease. Forensic Nursing is the application of nursing science to public or legal proceedings, and/or the investigation of crime. It is also agreed by many experts of palliative care that increased stress would also impact the ability of the patient to cope with the trauma Oonagh (2009, p.123). Many types of complex situations are often faced by several nurses throughout their professional life. Studies show that more nurses are being sued for on-the-job behaviors and actions than ever before. 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. 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. • Ethics is the attempt to identify norms or standards of right or good behaviour. Correctional nursing specialists. The neonatal period is defined as the first month of … Their duties may include reviewing and summarizing medical records, serving as expert witnesses, investigating patient claims, auditing medical bills, and more. Examine medical malpractice cases and the impact on the nurse and the … 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. Available: www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/V… They are often considered as the vital part of nursing. 2019 Impact Factor. Given that the duty of confidentiality is a combined public interest and individual interest assessment, the judicial system does not provide ample guidance. 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. 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. Legal issues in nursing practice 1. The nurse’s education, license and nursing standard provide the framework by which nurses … These certifications are specialty specific such as a Med-Surg certification, Neonatal, Gero, etc. It also provides a firm support to the family to cope up with the patient illness and also includes bereavement support for the family. The NMC contains guidelines regarding the expectations of particular duties such as confidentiality, medical research obligations, consent rights, and autonomy. 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). Chemical Dependency 3. 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). 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. This is not an example of the work produced by our Essay Writing Service. The Department of Health issued a Health Service Circular 219.99, which mandated some requirements of a new nursing education programme. 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. They may provide counseling, organize family meeting or make referrals to mental health professionals if needed (Bush & Bruni 2008). 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 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. Legal nurse consultants are highly educated RNs who work as experts on cases involving medical issues. Steps that should be taken to handle these types of suffering more badly death! Consultants are highly educated RNs who work as experts on cases involving medical issues lot stress! 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