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 Department of Health issued a Health Service Circular 219.99, which mandated some requirements of a new nursing education programme. Online Journal of Issues in Nursing. 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. Legal nurse consultants are highly educated RNs who work as experts on cases involving medical issues. The American Association of Law Libraries endorses LegalTrac, and its special advisory committee selects, reviews, and … There are fourteen key concepts which outline the ethical standards and responsibilities expected of a doctor. 1. 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. 1.156 Issues in Mental Health Nursing. This chapter examines how the law influences nursing. Legal issues and regulations play a dominant role in nursing practice today. 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). Registered Data Controller No: Z1821391. 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. Evidence-based information on legal and ethical issues in nursing from hundreds of trustworthy sources for health and social care. xvii Nurses require a sound understanding of the associated ethical and legal principles in order to make such a judgment, and this is best understood by implementing stringent teaching and education procedures prior to practicing in a health clinic to ensure they can apply principles of health care and ethics. A. Advanced practice. Our academic experts are ready and waiting to assist with any writing project you may have. 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. xv. 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. Laws determine and set boundaries and maintain a standard of nursing practice. Trusts & Estates Law: This practice area is unique in that it brings the practitioner in close contact with the personal lives of clients. Medical-surgical nursing is a nursing specialty area concerned with the care of adult patients in a broad range of settings. 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). Nursing informatics and healthcare go hand-in-hand these days. TPAPN 6. Standard of Care 5. In this case study patient is being denied of this right as well Hanson (2002). We're here to answer any questions you have about our services. The nursing practice is expected to comply at an individual level with these guidelines on a daily basis. 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. 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. Ethics regards standards of moral judgement and professional conduct. Nurses are highly accountable to patients, the public, employers, and the entire profession. 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. • Ethics is the attempt to identify norms or standards of right or good behaviour. In many communities for instance Muslim and Indian cultures diseases are perceived as a family matter. PSY403 Ethical and Professional Issues In Psychology. 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. Patients need a palliative care to support their long and slow treatment procedure Tang, (2006, p. 360). Ethical issues in nursing contain all the tough decisions the healthcare profession faces each day in caring for society. 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, … (Robinson January-February) explains that sometimes holding back the truthful information from patient may lead to feeling of regret in the health care providers. Our legal framework; As the independent regulator for nurses, midwives and nursing associates, what we do is set out by legislation. It can also cause some kinds of health problems which may eventually leads to resignation from job. Due to these legal issues and emotional disturbances families of the patient and patient itself undergo a lot of stress and psychological trauma. Burns. Log in | Register Cart. 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. 2008). (Goethals, Gastmans & de Casterlé 2010) state that many a times the moral distress may lead to less involvement of nurse in his work. \"Legal Considerations for Nurses Practicing in a Telehealth Setting\". 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. A. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. According to WHO, palliative care is defined as an approach that helps in improving the quality of life of the patients and their families facing the problem associated with life-threatening disease. 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. 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 … 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. 1.156 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. Choose from a wide range of academic writing tasks and get the one you need. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below … 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 administer medication without consent. Nurse should access the risk of interventions that she /he is doing. Case law is the second branch monitoring ethical standards in nursing and the medical profession. 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. 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. 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 … 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. order and interpret diagnostic tests and initiate and manage treatments—including prescribe medications—under the exclusive licensure authority of the state board of nursing Nursing The breach of duty test refers to the reasonable judgments of ‘responsible bodies of medical opinion,’ where those of special skills or competence are judged at a higher standard for that profession, rather than the ordinary person test.xxii The standard of care is also higher for professionals, and while the primary duty is with the doctor, nurses can also be held liable even when acting under direction from her employer.xxiii The nurse, even when supervised, must exercise her own skill and competence as expected of a nurse of the same level and experience.xxiv. According to Australian constitutional law the patient have the first right on information regarding his medical condition and it is on his discretion that with whom this information should be shared. 2019 Impact Factor. Nurse educators teach people to become nurses. This will give you a detailed understanding of the law as it relates to nursing. Whether court sides with students or nursing programs depends on various factors 11/10/2017 It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Read the latest issue and learn how to publish your work in Issues in Mental Health Nursing. Study for free with our range of university lectures! 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. 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. 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). You likely chose the nursing profession because you enjoy helping others. It is focused on providing comfort and relief from the pain and the other distressing symptoms of a serious illness. 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. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. The GMC acts to protect practitioners who breach confidentiality rules if it was in the public interest, although this depends on the circumstances. The text of the legislation for regulating nurses, midwives and nursing associates. professional and legal issues underpin nursing practice. Ambulatory care nursing 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 Core Ethical Principles of Nursing Even when laws and medical practices change, the fundamental ethical principles of the nursing profession stand firm. 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). There is a range of statutes impacting health care in the UK, as well as international standards. They may provide counseling, organize family meeting or make referrals to mental health professionals if needed (Bush & Bruni 2008). The administration of medical treatment including palliative care is already governed by a legal regime. 2010). 27th Nov 2017 Research Nurses who responsible for conducting research and apply the findings into practice. 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. Decision making is also “family centered” so withholding truth is not rare practice. Citation: Hutcherson, Carolyn M. (September 30, 2001). In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below approved by the NMBA in August 2019. 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! The health professional should motivate the family introducing them the benefit of therapeutic discloser and harmful effects of concealing information e.g. Knowledge of these circumstances is integral in enabling nurses to perform their roles following ethical standards. Palliative care uses a team approach to handle the needs of the patients and their families. •Period of time that courts generally sided with nursing programs regarding high-stakes testing •Now….. Issues in Nursing Vol. 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. Tuckett suggests that it is necessary to understand the mental state of the patient before passing on the entire information to him. Ethical, moral and legal issues in oncology. It should be the duty of every medical professional that in any situation he should not break any of the legal obligations. Rural nursing *You can also browse our support articles here >. The chapter then defines the term ‘law’ and considers how laws are made by looking at the role of Parliament and the courts. legal and ethical issues in nursing, patient care technicians, social workers, and office personal. 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 NMC’s ‘Code of Professional Conduct: Standards for conduct, performance and ethics’ is widely adhered to in the profession. The NMC contains guidelines regarding the expectations of particular duties such as confidentiality, medical research obligations, consent rights, and autonomy. awareness of your own values – is the true basis of the best nursing care under conditions of uncertainty. 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