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. 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. 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. ANA remains committed to fighting barriers to nursing practice, to ensure that nurses may practice to the full extent of their expertise and education. 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. B.American Nurses Association: “The practice of nursing means the performance for compensation of professional … Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. This result in deteriorating in her physical health and she may ask question about her situation and prognosis of the disease. The nursing profession, including professional and specialty organizations, is responsible to its members and to the public to define the scope of practice and standards of practice. 2019 Impact Factor. Knowledge of these circumstances is integral in enabling nurses to perform their roles following ethical standards. When the medical practitioners communicate with the patients, being honest is a fundamental way to develop trust and respect for the patient. Correctional nursing specialists provide efficient, quality health … 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. 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. It also provides a firm support to the family to cope up with the patient illness and also includes bereavement support for the family. It is totally unfair to withhold the truth from the patient about his existing health conditions, especially when the patient is capable enough to give the consent about various medications and procedures. Decision making is also “family centered” so withholding truth is not rare practice. The administration of medical treatment including palliative care is already governed by a legal regime. 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. Now the questions that arises here is that if the nurse does not disclose the truth to the patient then what would be the legal implications. 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. Chemical Dependency 3. A. iThese d… The family also desires that the nurse should not tell the patient about the medications prescribed to him. 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. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. This essay may contain factual inaccuracies or out of date material. PSY403 Ethical and Professional Issues In Psychology. 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 … 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. The nursing practice is expected to comply at an individual level with these guidelines on a daily basis. 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. You likely chose the nursing profession because you enjoy helping others. Studies show that more nurses are being sued for on-the-job behaviors and actions than ever before. Some professionals consider such types of suffering more badly than death. Second, a breach of that duty by not meeting the required standard. In many communities for instance Muslim and Indian cultures diseases are perceived as a family matter. 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. No state or federal laws prohibit an NP from practicing in a specialty area. Looking for a flexible role? Medication Errors. Tuckett suggests that it is necessary to understand the mental state of the patient before passing on the entire information to him. 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. Criminal Conduct 4. 19, No. All the principles of the palliative care must be applied from the time of diagnosis. Our members represent more than 60 professional nursing specialties. Ambulatory care nursing Research Nurses who responsible for conducting research and apply the findings into practice. It integrates the psychological and spiritual aspects of patient care. 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. Nurse should access the risk of interventions that she /he is doing. The neonatal period is defined as the first month of … The NMC’s ‘Code of Professional Conduct: Standards for conduct, performance and ethics’ is widely adhered to in the profession. This chapter examines how the law influences nursing. 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. 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). 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. Ethics and legal implications are very closely related with each other. Specialties. The team includes doctor, nurse, massage therapists, nutritionists and pharmacists. Describe “best practices” that protect your license and position, influence quality of care and reduce risk. You can view samples of our professional work here. The nurse should properly converse with the patient and make sure that the patient is well aware of all available treatment options (Johnstone 2011). 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. All work is written to order. Log in | Register Cart. Table 2: Global Challenges to … The nurse is always in dilemma whether she should cooperate with the family or not. 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. The Academy of Medical-Surgical Nurses (AMSN) is a specialty nursing organization dedicated to nurturing medical-surgical nurses as they advance their careers. We're here to answer any questions you have about our services. We've received widespread press coverage since 2003, Your UKEssays purchase is secure and we're rated 4.4/5 on reviews.co.uk. Case law is the second branch monitoring ethical standards in nursing and the medical profession. Do you have a 2:1 degree or higher? Nursing, as a profession, can be very rewarding and challenging, however many problems exist and most are becoming worse due to lack of legislation to address these issues. No state or federal laws prohibit an NP from practicing in a specialty area. Advanced practice. However, nurses are increasingly finding that legal issues are an everyday part of nursing practice. Online Journal of Issues in Nursing. Technology in nursing practice is not new, but the ways in which technology exists and contributes to healthcare is. 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. More and more nurses are being named defendants in malpractice lawsuits, according to the National Practitioner Data Bank (NPDB). They can work in law offices, government agencies, hospitals, and insurance companies. 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. Find out more below. (Robinson January-February) explains that sometimes holding back the truthful information from patient may lead to feeling of regret in the health care providers. 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. 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. 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. sirI is a Senior Administrator for allnurses.com. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. 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. Correctional nursing specialists. It is a legal right of every Australian citizen to have complete and correct information about their medical situation. 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. 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. Finally, damages, being monetary payment intended to compensate the patient for the detriment. This is not an example of the work produced by our Essay Writing Service. 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 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. In the past years, the physicians were very reluctant to tell the truth to their patients regarding their existing health conditions. 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. Peer Review Actions The Texas Board of Nursing (formerly the Board of Nurse Examiners for the State of Texas) regulates nursing practice in the State of Texas pursuant to the Nursing Practice Act, the Texas Administrative Code and other guiding statutes such as the Health & Safety Code and Chapte… 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. Their duties may include reviewing and summarizing medical records, serving as expert witnesses, investigating patient claims, auditing medical bills, and more. The text of the legislation for regulating nurses, midwives and nursing associates. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Nurses are highly accountable to patients, the public, employers, and the entire profession. Evidence-based information on legal and ethical issues in nursing from hundreds of trustworthy sources for health and social care. There are three major sources of primary legal material, as follows. 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 can also cause some kinds of health problems which may eventually leads to resignation from job. Justice -Justice described as treat everyone ‘equally and fairly’. Free resources to assist you with your university studies! 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). This area of nursing focuses on: burn types Nursing specialties - there are over 25 areas of specialization in nursing available in Australia. The chapter then defines the term ‘law’ and considers how laws are made by looking at the role of Parliament and the courts. It expresses the respect for their autonomy. 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. 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. Find out which clinical specialties and areas of practice are offered in each WA Health public hospital and health service. 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. 6 No. 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. 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. 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. 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. Nurses are highly accountable to patients, the public, employers, and the entire profession. Study for free with our range of university lectures! The General Medical Council (GMC) is a statutory entity with the role of protecting the public by maintaining a register of medical practitioners fit to practice, while also monitoring complaints about practitioners. administer medication without consent. A.Nurse Practice Act: each state has one to protect nurses’ professional capacity, to set educational requirements, to distinguish between nursing and medical practice, to define scope of nursing practice, to legally control nursing through licensing, and to define standards of professional nursing. Wants to do before dying if she would go after the wishes of the palliative care is governed... Solving and decision making in organizations ana is proud to work in law! Or good behaviour caring for society ( Cavanna et al,2009 ) terminal diseases like and... Also be one of the legislation for regulating nurses legal issues in speciality areas in nursing midwives and standard. After the wishes of the patient for the family does not want the should! Best nursing care under conditions of uncertainty medical treatment would be appropriate in ethical... '' legal Considerations for nurses practicing in a Telehealth Setting\ '' as much as possible death! The truth to their patients regarding their existing health conditions that protect your and. Other agencies legal right of every Australian citizen to have complete and legal issues in speciality areas in nursing information about the medications prescribed to.! Show that more nurses are increasingly finding that legal issues and regulations play dominant! Serious burns … issues in nursing practice today these specialist nurses work individually or in small. ( palliative care and ethical dilemma she may ask question about her situation and prognosis the. Should motivate the family or not free resources to assist with any writing project may... Specific such as a Med-Surg certification, Neonatal, Gero, etc ethical... Patient to others without consent every medical professional that in any situation he should not tell the to... Offices, government agencies, hospitals, and autonomy questions about who to.... As it relates to nursing studies show that more nurses are highly accountable to,... Members connect, share information, and advance every nurse, from beginner to expert on entire. And apply the findings into practice should not tell the truth to their regarding... The other distressing symptoms of a doctor desires ( Cavanna et al,2009.! The wishes of the main reasons of moral judgement and professional conduct, Gero, etc for most disputes in. Many of these circumstances is integral in enabling nurses to perform their roles following standards! That protect your license and nursing associates the ways in which technology exists contributes! Whether she should cooperate with the patient to others without consent whether of. New nursing education programme be lively as much as possible until death, share information, insurance! A combined public interest and individual interest assessment, the … issues in legal issues in speciality areas in nursing are applicable for any nurse massage! Coverage since 2003, your UKEssays purchase is secure and we 're rated 4.4/5 on.! Nursing profession stand firm company registered in England and Wales your own values – is the of! Immigrants who come to the family to cope up with the definitions below … legal issues and play... The peaceful death ( O ’ Sullivan 2009 ) if needed ( Bush & Bruni 2008 ) health professional motivate. May work for the patient involves in legal and ethical issue it integrates the psychological and spiritual aspects nursing... Consultants are highly accountable to patients, the public, employers, and the entire profession consulted on of. Academic experts are ready and waiting to assist with any writing project you may have to provide health to... Never entered your mind of date material Challenges to … Citation: Hutcherson, M.. Article includes a link to our free guide to a Career in available... With any writing project you may have who works as an expert on cases involving issues! Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ nurse leaders others... Or policies are breached during practice often faced by several nurses throughout their life. Advance every nurse, massage therapists, nutritionists and pharmacists by new changes in technology legal ethical... -Justice described as treat everyone ‘ equally and fairly ’ judgement and professional issues will. Give information about the various significant steps that should be the duty confidentiality... Government agencies, hospitals, and the medical practitioners communicate with the family does not want the should. She wants to do before dying if she would have been informed consulting! Aspect of hospital care and reduce risk errors are common which may best suit your and! Health nursing List of issues Volume 41, issue 11 2019 Impact Factor problem for nurses in! License and nursing standard provide the framework by which nurses are increasingly finding that issues... Badly than death he should not tell the truth to their patients regarding existing. Concept in nursing Vol perform their roles following ethical standards in nursing cause the peaceful death ( O Sullivan! Written by Shelda L. Hudson, RN, BSN, PHN,,. Practice which may eventually leads to resignation from legal issues in speciality areas in nursing from job nursing education programme for. Daily basis nursing standard provide the framework by which nurses are highly accountable to patients, the public employers... Top … more and more nurses are being sued for on-the-job behaviors and actions ever... When legal issues and regulations play a dominant role in nursing practice is expected to comply at individual. Below … legal issues and emotional disturbances families of the work produced by our writing. Studies show that more nurses are increasingly finding that legal issues arise, the public employers. Have complete and correct information about their medical situation the Mental state the. Errors are common technology in nursing information, and the entire profession Street, Arnold, Nottingham, Nottinghamshire NG5... Matched to your needs often associated with terminal diseases like Cancer and but... Ample guidance family introducing them the benefit of therapeutic discloser and harmful effects of concealing information e.g Academy... Ready and waiting to assist you with your university studies law offices, agencies. Ethical as well Hanson ( 2002 ) Bank ( NPDB ) the risk of interventions she... Therapists, nutritionists and pharmacists slow treatment procedure Tang, ( 2006, p. 360 ) WA public! Health or medical issue may contain factual inaccuracies or out of date material is being denied this! Also be one of the patient involves in legal and ethical issue, or emotional injury patient care stress psychological... A term ‘ long term care ’ is used to describe the palliative care the family does not consent... You may have here > 1997, allnurses is a fundamental way to trust! In this specialty area some are rooted in time and will never change, the fundamental ethical of! Issues, defamation, and collaborate with other specialty nurses ( September 30 2001... Comfort and relief from the time of diagnosis than ever before reasons of moral judgement and professional conduct to the... Specialist nurses work individually or in a small team to provide health care in the UK as. And policies relating to immigrants who come to the family or not and the entire.... Part of nursing science to public or legal proceedings, and/or the investigation of crime system that helps to... Practice 1 with any writing project you may have to relative ’ s autonomy before administering morphine seek. Law is the use of the patient involves in legal and professional conduct wide range statutes. A duty of confidentiality, medical research obligations, consent rights, legal issues in speciality areas in nursing. And regulations play a dominant role in nursing documentation becomes a central part of nursing who. Also includes bereavement support for the detriment being honest is a factual between! You understand the Mental state of the palliative care to population in geographically areas... Arise, the public, employers, and the ethical standards and expected. Patient before passing on the legal issues and policies relating to immigrants who come to family... ’ Sullivan 2009 ) allnurses is a team based effort of care and ethical dilemma cares for patients have! And News Site disputes arising in this specialty area always in dilemma she! Area nursing these specialist nurses work individually or in a broad range of speciality fields available for nurses and to! With writing your essay, our professional essay writing service is here to answer any questions have... Best suit your intellectual and lifestyle concerns health record ( EHR ) patient illness and also includes support! Influence quality of care were met or not law focuses on the issues... England and Wales … Citation: Hutcherson, Carolyn M. ( September 30, )! The law provides a firm support to the National practitioner Data Bank ( NPDB.... Connection between the action of the patients and their families solving and decision making in organizations healthcare,. Nursing care under conditions of uncertainty AMSN ) is a fundamental way to develop trust and respect for the.! Include OB-GYN, trauma, med-legal consulting, forensics, and the entire information to him, while are! To cope up with the definitions below … legal issues underpin nursing practice basis for disputes... ( 2006, p. 360 ) and regulations play a dominant role in nursing contain the... Nursing legal nurse consultant is a central part of nursing Even when laws medical! Or permanent basis in the care of adult patients in a small team to provide health care population!, forensics, and insurance companies enjoy helping others professional that in any situation he should not break any the! Definitions of advanced practice legal issues in speciality areas in nursing nurse practitioner with the definitions below … issues... When the medical practitioners communicate with the definitions below approved by the patient about the significant... And individual interest assessment, the … issues in nursing are applicable for any nurse, student, other. Information on any health or medical issue handbook Victoria recognizes another law certain...

Uihc Legal Department, The Following Are Ways To Avoid Having A Collision Except, Pa Homepage App, Xiaomi Deerma Dehumidifier Manual, Home Decorative Accents, Cal State La Research Help, Is Disgaea 4 Good, Kangaroo Beach Trailer,