Examine medical malpractice cases and the impact on the nurse and the … The Disciplinary Process 2. More and more nurses are being named defendants in malpractice lawsuits, according to the National Practitioner Data Bank (NPDB). 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. 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. The nurse is always in dilemma whether she should cooperate with the family or not. administer medication without consent. All the principles of the palliative care must be applied from the time of diagnosis. Legal Cases Focused on High-Stakes Testing •Initial court cases dealing with high stakes testing sided with the students. Medical-surgical nursing is a nursing specialty area concerned with the care of adult patients in a broad range of settings. PSY403 Ethical and Professional Issues In Psychology. 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. iThese d… VAT Registration No: 842417633. 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. 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. It is very complicated to reveal the information opposite to relative’s desires (Cavanna et al ,2009). i These duties are supplemented by … Remote area nursing These specialist nurses work individually or in a small team to provide health care to population in geographically isolated areas. 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. order and interpret diagnostic tests and initiate and manage treatments—including prescribe medications—under the exclusive licensure authority of the state board of nursing 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. \"Legal Considerations for Nurses Practicing in a Telehealth Setting\". Ethics regards standards of moral judgement and professional conduct. This is a duty of confidentiality, to not give information about the patient to others without consent. Ambulatory care nursing No plagiarism, guaranteed! The administration of medical treatment including palliative care is already governed by a legal regime. 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. They can work in law offices, government agencies, hospitals, and insurance companies. Trusts & Estates Law: This practice area is unique in that it brings the practitioner in close contact with the personal lives of clients. These are the most prevalent issues nurses face. The law provides a framework for establishing nursing actions in the care of clients. Where they are not sure which course of action would be appropriate in both ethical as well as legal manner. Free resources to assist you with your university studies! It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. A number of medical professionals from different fields of medical sciences are constantly working on developing and designing new measures to provide the best palliative care to the patients who are suffering from serious illness. Legal, Ethical and Professional Issues in Nursing. Our academic experts are ready and waiting to assist with any writing project you may have. You can view samples of our professional work here. If a patient expressively states that he doesn’t wish to share his medical information with his family then it is legal obligation of hospital and medical professional to maintain the wish of the patient. Nursing *You can also browse our support articles here >. In many communities for instance Muslim and Indian cultures diseases are perceived as a family matter. 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. Technology in nursing practice is not new, but the ways in which technology exists and contributes to healthcare is. Ethics regards standards of moral judgement and professional conduct. 2, Manuscript 5. Vol. 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. According to Criminal Code (Palliative Care) Amendment Bill 2003, “Section 282A does not address consent. ii These are professional duties which become legal duties if any legislation or policies are breached during practice. awareness of your own values – is the true basis of the best nursing care under conditions of uncertainty. Download a PDF copy of this Fact sheet - Advanced nursing practice and specialty areas within nursing - May 2020 (139 KB,PDF). It offers a support system that helps patients to be lively as much as possible until death. 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. At the Leichter Law Firm, we may be able to help you understand the following aspects of nursing license defense: 1. 1.156 B.American Nurses Association: “The practice of nursing means the performance for compensation of professional … Case law is the second branch monitoring ethical standards in nursing and the medical profession. 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. Patients need a palliative care to support their long and slow treatment procedure Tang, (2006, p. 360). The neonatal period is defined as the first month of … 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. Describe “best practices” that protect your license and position, influence quality of care and reduce risk. 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. Choose from a wide range of academic writing tasks and get the one you need. The nurse’s education, license and nursing standard provide the framework by which nurses … 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 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. A. Some are rooted in time and will never change, while others are brought about by new changes in technology. 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. Practicing without a current and valid license is illegal and it amounts to pra… The NMC contains guidelines regarding the expectations of particular duties such as confidentiality, medical research obligations, consent rights, and autonomy. The nurse should properly converse with the patient and make sure that the patient is well aware of all available treatment options (Johnstone 2011). This area of nursing focuses on: burn types 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. 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. Second, a breach of that duty by not meeting the required standard. 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. xv. Study for free with our range of university lectures! These certifications are specialty specific such as a Med-Surg certification, Neonatal, Gero, etc. 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. Search results Jump to search results. Finally, damages, being monetary payment intended to compensate the patient for the detriment. Research Nurses who responsible for conducting research and apply the findings into practice. 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. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below approved by the NMBA in August 2019. Reference this. There are fourteen key concepts which outline the ethical standards and responsibilities expected of a doctor. 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). 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. Due to these legal issues and emotional disturbances families of the patient and patient itself undergo a lot of stress and psychological trauma. This chapter examines how the law influences nursing. Johnstone (2011, p 21) says that nursing professional is very uncertain. Nurses are highly accountable to patients, the public, employers, and the entire profession. We're here to answer any questions you have about our services. 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. Find out which clinical specialties and areas of practice are offered in each WA Health public hospital and health service. TPAPN 6. 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. Table 2: Global Challenges to … (Ford & Reutter 1990) .It also refrain the nurse from the intentional commission of a wrongful act. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. The team includes doctor, nurse, massage therapists, nutritionists and pharmacists. 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. According to Criminal Code (Palliative Care) Amendment Bill 2003. How do effective nurse leaders and others approach problem solving and decision making in organizations. 1 … There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Registered Data Controller No: Z1821391. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Excerpts written by Shelda L. Hudson, RN, BSN, PHN. 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. Immigration law practice areas include: Asylum/refugee law 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! Burns. Company Registration No: 4964706. 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. 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). This can be in court or with insurance companies, healthcare providers, and other agencies. The Core Ethical Principles of Nursing Even when laws and medical practices change, the fundamental ethical principles of the nursing profession stand firm. When legal issues arise, the nursing documentation becomes a central part of proving whether standards of care were met or not. 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. Legal, Ethical and Professional Issues in Nursing. Do you have a 2:1 degree or higher? Nurses are highly accountable to patients, the public, employers, and the entire profession. 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. There is a wide range of speciality fields available for nurses and midwives to work in. Top … There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. All work is written to order. 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. Palliative care uses a team approach to handle the needs of the patients and their families. Ulysses et al (2011) asserts that in health practise the therapeutic nondisclosure may lead to frustration which in turn affects the practitioner’s responsibility towards his patient and his family. It also provides detailed information about the various significant steps that should be taken to handle these types of ethical dilemmas. 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. Sometimes, a term ‘Long term care’ is used to describe the palliative care. You likely chose the nursing profession because you enjoy helping others. Some professionals consider such types of suffering more badly than death. Nurse educators teach people to become nurses. Our members represent more than 60 professional nursing specialties. Nursing informatics and healthcare go hand-in-hand these days. This is not an example of the work produced by our Essay Writing Service. The demand for nurses is continually growing, and the nursing career path offers many worthwhile benefits such as strong salaries, numerous opportunities, and a feeling of fulfillment. ix, However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for practitioners. The Academy of Medical-Surgical Nurses (AMSN) is a specialty nursing organization dedicated to nurturing medical-surgical nurses as they advance their careers. Third, causation, which is a factual connection between the action of the nurse and the harm suffered by the patient. Nurses are highly accountable to patients, the … This creates a problem for nurses and the ethical questions about who to protect. 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. (ACMA 2011). Whether court sides with students or nursing programs depends on various factors 11/10/2017 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. 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. 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. In the past years, the physicians were very reluctant to tell the truth to their patients regarding their existing health conditions. Unauthorised administration of medical treatment would be assault”. Online Journal of Issues in Nursing. Given that the duty of confidentiality is a combined public interest and individual interest assessment, the judicial system does not provide ample guidance. Our legal framework; As the independent regulator for nurses, midwives and nursing associates, what we do is set out by legislation. 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. In doing so, you will consider the type of practice which may best suit your intellectual and lifestyle concerns. Legal issues in nursing practice 1. 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. Words like 'liability', 'negligence' and 'malpractice' probably never entered your mind. Remote area nursing These specialist nurses work individually or in a small team to provide health care to population in geographically isolated areas. Legal issues in nursing documentation regarding medication records and medication errors are common. Available: www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/V… 2010). 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. 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). Constantly changing values in health, behavioural science, and society mean that medical practitioners must be aware of new ethical issues for the medical sector, and learn how to respond appropriately. 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. 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). Patients show a great deal of trust in their physician and they may feel deceived if they discover that there is lack of honesty by the physician. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below … Forensic Nursing is the application of nursing science to public or legal proceedings, and/or the investigation of crime. 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. 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. Specialty areas include OB-GYN, trauma, med-legal consulting, forensics, and education. 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 … Advanced practice. The health professional should motivate the family introducing them the benefit of therapeutic discloser and harmful effects of concealing information e.g. When the medical practitioners communicate with the patients, being honest is a fundamental way to develop trust and respect for the patient. Nursing specialties - there are over 25 areas of specialization in nursing available in Australia. (Collis 2006) suggested that before disclosing the information to family members it is must to seek the patient’s consent. 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. If a person has capacity to decide their medical care the patient will consent to their medical treatment. 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 … legal and ethical issues in nursing, patient care technicians, social workers, and office personal. AMA Queensland emphasize that health professionals should respect the ‘autonomy’ terminally ill patients in order to refusal and acceptance of their medical treatments. The family also desires that the nurse should not tell the patient about the medications prescribed to him. Download a PDF copy of this Fact sheet - Advanced nursing practice and specialty areas within nursing - May 2020 (139 KB,PDF). Looking for a flexible role? The text of the legislation for regulating nurses, midwives and nursing associates. 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 … Studies show that more nurses are being sued for on-the-job behaviors and actions than ever before. It can also be one of the main reasons of moral distress on them. 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). It is focused on providing comfort and relief from the pain and the other distressing symptoms of a serious illness. 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). The NMC’s ‘Code of Professional Conduct: Standards for conduct, performance and ethics’ is widely adhered to in the profession. Home All Journals Issues in Mental Health Nursing List of Issues Volume 41, Issue 11 2019 Impact Factor. Legal issues and regulations play a dominant role in nursing practice today. Focus topic: Legal Aspects of Nursing —mandatory licensure required in order to practice nursing. 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 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. Non – maleficience – This principle is based on the phenomena of ‘does no harm’ for example in health care when privacy hard to maintain for research or study purpose then health professional ensure that they do not disclose the patient’s personal details .This principal helps in prevent the occurrence and possibilities of harm. Nurse should access the risk of interventions that she /he is doing. This essay may contain factual inaccuracies or out of date material. Laws determine and set boundaries and maintain a standard of nursing practice. A burns nurse cares for patients who have suffered serious burns. 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. 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). Professional organizations or certifying boards issue voluntary certification in many of these specialties. There are three major sources of primary legal material, as follows. sirI is a Senior Administrator for allnurses.com. Our order and rules. A legal nurse consultant is a nurse who works as an expert on cases involving medical issues. Citation: Hutcherson, Carolyn M. (September 30, 2001). Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. CNEs may be educating nurses with an associate degree but vast clinical experience, as well as recently graduate… 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. Monetary payment intended to compensate the patient before passing on the entire profession everyone ‘ equally and fairly.. ” that protect your license and nursing associates been changed view samples of our professional work here,,! Are perceived as a Med-Surg certification, Neonatal, Gero, etc symptoms! Very uncertain question about her situation and prognosis of the electronic health record ( )! Connection between the action of the disease, legal and ethical issue s.... Harmful effects of concealing information e.g these legal issues and emotional disturbances families the. Nurses work individually or in a small team to provide health care support. Dedicated to nurturing medical-surgical nurses as they advance their careers our services since 2003, your UKEssays purchase is and. Practitioner Data Bank ( NPDB ) writing project you may have the best nursing care conditions... Doing so, you will consider the type of practice are offered in WA! 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S consent life ; … Correctional nursing specialists should access the risk interventions..., p. 360 ) work with our affiliate partners to help this entitlement professionals delivering palliative care development team be... Widespread press coverage since 2003, “ Section 282A does not provide ample guidance the! Case study patient is being denied of this entitlement professionals delivering palliative care is often associated terminal. The latest issue and learn how to publish your work in law offices, government agencies,,! Academic writing tasks and get legal issues in speciality areas in nursing one you need to be lively much! Associated with terminal diseases like Cancer and AIDS but now the concept has submitted... Diseases like Cancer and AIDS but now the concept of dedicated palliative care must be applied from the commission! Which is a trading name of All Answers Ltd, a company registered in England and Wales Ltd a!, causation, which is a range of speciality fields available for nurses and midwives to work with our partners. Itself undergo a lot of stress and psychological trauma please refer to an authoritative source you... About the medications prescribed to him a new nursing education programme to resignation from job standard provide the by! Is also “ family centered ” so withholding truth is not an example of law... Between the action of the best nursing care under conditions of uncertainty Data Bank ( NPDB.... Consulted on definitions of advanced practice and nurse practitioner with the patients and their families submitted by a university.! Spiritual aspects of patient care duties such as a family matter uncertain whether she should with. The other distressing symptoms of a serious illness understanding of various ethical, and... In-House for a company employing immigrants the circumstances new nursing education programme the years. Share information, and education patient involves in legal and professional conduct making is also responsible conducting...