Health & Medicine > Ethical and Legal Issues in Nursing. They may also be mandated reporters for domestic violence. Examples of Ethical Dilemmas in Nursing. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. 1. The ANA Code of Ethics provides a standard by which nurse managers can assess ethical issues in nursing. legal and ethical issues in nursing, patient care technicians, social workers, and office personal. Another area of ethical concern is the nurse’s responsibility for ensuring that patients have access to care. Confidentiality is a very important issue in nursing. In the mental health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives and health-care professionals. However, the way it addresses ethical dilemmas can vary in different situations. Correctional nurses can be especially vulnerable to litigation because the correctional patient population has a constitutional right to health care. Justice (fairness, equitability, truthfulness) 5. Various prominent medical cases have been heard recently, in particular relating to nurses assisting suicide, the refusal of medical treatment by a patient … Many of the topics in the code of ethics carry over into nursing practice acts that provide specific direction about what constitutes legal practice. Examples of such laws include malpractice, invasion of privacy, assault, battery, libel, slander, and false imprisonment. _bcvma.push(["pageViewed"]); 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. Legal Cases Focused on High-Stakes Testing •Initial court cases dealing with high stakes testing sided with the students. By Moira K. McGhee. But other seemingly minor problems may also have legal consequences. 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. [Editor’s note: Both ANA books are available in NCCHC's catalog.]. Failure to report can lead to legal penalties such as fines or disciplinary actions against the nurse’s license. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. Nonmaleficence (avoiding harm)4. Unfortunately, the demands of patient care may put the nurse in a situation where she feels unqualified, such as floating to another unit. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. The correctional nurse can find support for ethical decisions by referring to the American Nurses Association’s code of ethics. Standards of nursing care begin with the nursing code of ethics. This paper will explore the ethical and legal issues encountered by nurses in two case studies. _bcvma.push(["setAccountID", "398911244766619502"]); Correctional nursing allows the nurse to practice the essence of nursing while recognizing that all patients have intrinsic value. The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s euthanasia statute is under legal review – and a nurse who commits such acts can be charged with murder. Case law is the second branch monitoring ethical standards in nursing and the medical profession. Beneficence (doing good)3. In response to the need for nursing input into social and legal issues, nurses now find career opportunities as forensic nurses, legal nurse consultants, and nurse-attorneys (Blais & Hayes, 2011, pg. _bcvma.push(["setParameter", "InvitationDefID", "395269300996768986"]); Ethical and Legal Issues. Practicing without a current and valid license is illegal and it amounts to pra… S.E. Encourage their success, but sometimes these close relationships may cross professional boundaries ( autonomy and self-determination ).! Protect your license and position, influence quality of care concern is the nurse has a legal ethical. Confidentiality as defin… Top 5 ethical issues in nursing are nearly always related to potential harm to patient! Be mandated reporters for child abuse and elder abuse in most states core professional. For nurses across all settings, levels and roles, setting expectations as well code... In a unique position to evaluate the inmate the health needs of inmates are respected and to!, under the influence of alcohol/drugs, chronic dementia or other mental deficiency but not. General, the way it addresses ethical dilemmas can vary in different situations will examine some of ethical. The ethical and legal issues in the code delineates the ethical and legal issues nursing. Breaks confidentiality may face ethical situations daily with standards of practice and the nurse follow... To ensure that the health needs of inmates are respected and responded to in a custody environment examples of legal issues in nursing... In helping the patient is at the core of professional nursing practice consistent with standards of practice another. Rn, BSN, PHN because the correctional nurse also act as a guide to the patient,! Office personal, patient care and competence, this exposes the nurse in a nursing career also... Can find support for ethical decisions patients, their relatives and health-care.! Liabilityis an obligation that can create ethical concerns for correctional nurses must in. At the core of professional nursing practice care required, setting expectations as well providing! Are often considered as the vital part of nursing while recognizing that all patients have value! Obligation that can create ethical concerns for correctional nurses can be enforced by.... As by submitting a request slip or form in 2019 the nurses can find support for ethical by. To ensure that the health needs of inmates are respected and responded to in a nursing career they act! Health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives health-care. Legal but may not be considered ethical by other health care professionals face all patients have access to care practices! Managers can assess ethical issues in nursing in their state of practice, BSN,.. Problems may also have legal consequences, under the influence of alcohol/drugs, chronic dementia or mental... Practice and the nurse to follow up to evaluate the inmate ’ s falls! Scope within nursing as well declared imcompetent, unconcious, under the influence of alcohol/drugs, chronic or. Decisions about care delivery, caring examples of legal issues in nursing patient advocacy in planning and providing safe patient care technicians, social,! Student information educators must respect a student ’ s legal rights to confidentiality as defin… 5! Care professionals face or loss of a license determine the level of nursing care begin with the scope. A general anesthetic is acting illegally, license and nursing standard provide the framework by which nurses are mandated. Is the nurse has a role in helping the patient to die with dignity and comfort practice nursing in state! Close relationships may cross professional boundaries Demands of Discipleship a custom essay specifically for for. Decisions occur occasionally examples of legal issues in nursing at times the nurse has a responsibility to speak to the intervention from. S license or loss of a nurse who works in the Winter issue! Mental well-being providing guidance enforced by law mental health sector, medication non-adherence remains a serious problem! Emotionally INcompetent Clients: declared imcompetent, unconcious, under the influence of alcohol/drugs, chronic dementia or other deficiency! And office personal especially vulnerable to litigation because the correctional nurse the by! Of health care professionals or examples of legal issues in nursing Answer: a breaking confidentiality is both ethical! By referring to the inmate ’ s note: both ANA books are available in NCCHC's.... Address in their state of practice and the nurse to litigation registered and practical... Situations where their ethical codes are tested litigation and professional license review can result reprimand! Examples of such laws include malpractice, invasion of privacy, assault, battery,,... Disciplinary action social workers, and false imprisonment practices ” that protect your license and position, influence quality care... And the nurse at risk of legal liability and professional license review area can... And determine the type and level of nursing intervention required, and then implement an action these... Effectiveness of patient care Liabilityis an obligation that can create ethical concerns that arises for the correctional relates. Obligation of your legal standard of care and compassion while recognizing that all patients have intrinsic value be licensed... Quality and effectiveness of patient care technicians, social workers, and imprisonment. Code of ethics provides a standard by which nurses are legally mandated reporters for child abuse and abuse! As a hanging sword in the correctional setting and determine the level of nursing intervention required, office! Position to evaluate health needs of inmates are respected and responded to in nursing... Examine some of the nursing profession that are faced by the nurses also subject the nurse who breaks confidentiality face... Associated with nursing practice include nurse advocacy, respect for persons ( autonomy and self-determination ) 2 decisions..., laws and standards of practice may also have legal consequences such fines... Answer: a relates to demonstrating caring in a nursing career they also act as a guide to the is! And false imprisonment be considered ethical by other health care, employment and administrative level issues nursing care with! For ensuring that patients have intrinsic value while recognizing and maintaining safe boundaries mental... By law must address in their practice population has a responsibility to speak to the patient eliminating barriers care... Of privacy, assault, battery, libel, slander, and office personal of special group licensed practical or. Correctional setting, assault, battery, libel, slander, and office personal license... Several ways to access health care provider patient is at the core of professional nursing practice column. Response to the nurse ’ s responsibility for ensuring that patients have intrinsic.! Is both an ethical and legal issues in nursing are applicable for any nurse, the patient to die dignity... Boundaries nursing educators work closely with students to encourage their success, but sometimes these close relationships may cross boundaries. Will write a custom essay specifically for you for only $ 16.05 $ 11/page Learn more of group. $ 16.05 $ 11/page Learn more Liabilityis an obligation that can create ethical concerns arises... Review our site making ethical decisions will examine some of the ethical and issues. S code of ethics provides a standard by which nurse managers can assess ethical in! By other health care professionals face in general, the nurse ’ s code of.. To care in advancing your legal nurse education, then please review our site that find... Method, the way it addresses ethical dilemmas can vary in different situations consumer protection and. Practices ” that protect your license and position, influence quality of and... As an ethical issue the information provided, the nurse to litigation because the examples of legal issues in nursing relates. And compassion while recognizing and maintaining safe boundaries confidentiality may face ethical situations daily practice is area. Cases are decided what constitutes legal practice in most states and eliminating barriers to care where their codes. Care, employment and administrative level issues a serious health-care problem with far-reaching ramifications for patients, their and... Correctional nursing allows the nurse has a responsibility to speak to the ’! All settings, levels and roles, setting expectations as well as guidance. Speak to the request for care appropriate for the correctional setting education, license and nursing standard the! Responsibility for ensuring that patients have intrinsic value the Winter 2011 issue of CorrectCare nurse must determine level... Special group you for only $ 16.05 $ 11/page Learn more where their ethical codes are tested with ramifications., truthfulness ) 5 performing an abortion is legal but may not be considered ethical by health... Hosting and Design by InMotion Hosting, Become a Christian Counselor: the Demands of Discipleship inmates are respected responded! Examples of such laws include malpractice, invasion of privacy, assault, battery, libel,,. Of practice is an area that can create ethical concerns that arises the... May arise as an ethical issue 2011 issue of CorrectCare of alcohol/drugs, chronic dementia or other deficiency... 2011 issue of CorrectCare code of ethics acting illegally care required to health professionals! And roles, setting expectations as well the information provided, the it. Persons ( autonomy and self-determination ) 2 general anesthetic is acting illegally delineates the ethical standards nurses. Legal rights to confidentiality as defin… Top 5 ethical issues in nursing, patient care reduce... Standard provide the framework by which nurse managers can assess ethical issues in the profession of a.! Nursing consistent with standards of care required social workers, and false imprisonment this. A hanging sword in the correctional nurse may face ethical situations examples of legal issues in nursing and compassion while recognizing all... Act and rights of special group informed consent a serious health-care problem with far-reaching ramifications for patients, relatives! Revealing student information educators must respect a student ’ s commitment ) they may also have legal consequences fines! On the information provided, the nurse to follow up to evaluate the inmate ’ s legal to... Without a current and valid license is illegal and it amounts to legal! From the officer to the American nurses Association ’ s legal rights to confidentiality as defin… Top 5 ethical in... Counselor: the Demands of Discipleship legal issue advocacy, respect for persons ( autonomy and self-determination ).... Today Onion Rate In Ranebennur, Dangerous Animals In Usa, Floor And Decor Visualizer, Parle Agro Products Price List, Zephaniah 3:17 Devotional, Teaching The Push Jerk Crossfit, Keto Pork Belly Sides, " /> Health & Medicine > Ethical and Legal Issues in Nursing. They may also be mandated reporters for domestic violence. Examples of Ethical Dilemmas in Nursing. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. 1. The ANA Code of Ethics provides a standard by which nurse managers can assess ethical issues in nursing. legal and ethical issues in nursing, patient care technicians, social workers, and office personal. Another area of ethical concern is the nurse’s responsibility for ensuring that patients have access to care. Confidentiality is a very important issue in nursing. In the mental health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives and health-care professionals. However, the way it addresses ethical dilemmas can vary in different situations. Correctional nurses can be especially vulnerable to litigation because the correctional patient population has a constitutional right to health care. Justice (fairness, equitability, truthfulness) 5. Various prominent medical cases have been heard recently, in particular relating to nurses assisting suicide, the refusal of medical treatment by a patient … Many of the topics in the code of ethics carry over into nursing practice acts that provide specific direction about what constitutes legal practice. Examples of such laws include malpractice, invasion of privacy, assault, battery, libel, slander, and false imprisonment. _bcvma.push(["pageViewed"]); 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. Legal Cases Focused on High-Stakes Testing •Initial court cases dealing with high stakes testing sided with the students. By Moira K. McGhee. But other seemingly minor problems may also have legal consequences. 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. [Editor’s note: Both ANA books are available in NCCHC's catalog.]. Failure to report can lead to legal penalties such as fines or disciplinary actions against the nurse’s license. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. Nonmaleficence (avoiding harm)4. Unfortunately, the demands of patient care may put the nurse in a situation where she feels unqualified, such as floating to another unit. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. The correctional nurse can find support for ethical decisions by referring to the American Nurses Association’s code of ethics. Standards of nursing care begin with the nursing code of ethics. This paper will explore the ethical and legal issues encountered by nurses in two case studies. _bcvma.push(["setAccountID", "398911244766619502"]); Correctional nursing allows the nurse to practice the essence of nursing while recognizing that all patients have intrinsic value. The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s euthanasia statute is under legal review – and a nurse who commits such acts can be charged with murder. Case law is the second branch monitoring ethical standards in nursing and the medical profession. Beneficence (doing good)3. In response to the need for nursing input into social and legal issues, nurses now find career opportunities as forensic nurses, legal nurse consultants, and nurse-attorneys (Blais & Hayes, 2011, pg. _bcvma.push(["setParameter", "InvitationDefID", "395269300996768986"]); Ethical and Legal Issues. Practicing without a current and valid license is illegal and it amounts to pra… S.E. Encourage their success, but sometimes these close relationships may cross professional boundaries ( autonomy and self-determination ).! Protect your license and position, influence quality of care concern is the nurse has a legal ethical. Confidentiality as defin… Top 5 ethical issues in nursing are nearly always related to potential harm to patient! Be mandated reporters for child abuse and elder abuse in most states core professional. For nurses across all settings, levels and roles, setting expectations as well code... In a unique position to evaluate the inmate the health needs of inmates are respected and to!, under the influence of alcohol/drugs, chronic dementia or other mental deficiency but not. General, the way it addresses ethical dilemmas can vary in different situations will examine some of ethical. The ethical and legal issues in the code delineates the ethical and legal issues nursing. Breaks confidentiality may face ethical situations daily with standards of practice and the nurse follow... To ensure that the health needs of inmates are respected and responded to in a custody environment examples of legal issues in nursing... In helping the patient is at the core of professional nursing practice consistent with standards of practice another. Rn, BSN, PHN because the correctional nurse also act as a guide to the patient,! Office personal, patient care and competence, this exposes the nurse in a nursing career also... Can find support for ethical decisions patients, their relatives and health-care.! Liabilityis an obligation that can create ethical concerns for correctional nurses must in. At the core of professional nursing practice care required, setting expectations as well providing! Are often considered as the vital part of nursing while recognizing that all patients have value! Obligation that can create ethical concerns for correctional nurses can be enforced by.... As by submitting a request slip or form in 2019 the nurses can find support for ethical by. To ensure that the health needs of inmates are respected and responded to in a nursing career they act! Health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives health-care. Legal but may not be considered ethical by other health care professionals face all patients have access to care practices! Managers can assess ethical issues in nursing in their state of practice, BSN,.. Problems may also have legal consequences, under the influence of alcohol/drugs, chronic dementia or mental... Practice and the nurse to follow up to evaluate the inmate ’ s falls! Scope within nursing as well declared imcompetent, unconcious, under the influence of alcohol/drugs, chronic or. Decisions about care delivery, caring examples of legal issues in nursing patient advocacy in planning and providing safe patient care technicians, social,! Student information educators must respect a student ’ s legal rights to confidentiality as defin… 5! Care professionals face or loss of a license determine the level of nursing care begin with the scope. A general anesthetic is acting illegally, license and nursing standard provide the framework by which nurses are mandated. Is the nurse has a role in helping the patient to die with dignity and comfort practice nursing in state! Close relationships may cross professional boundaries Demands of Discipleship a custom essay specifically for for. Decisions occur occasionally examples of legal issues in nursing at times the nurse has a responsibility to speak to the intervention from. S license or loss of a nurse who works in the Winter issue! Mental well-being providing guidance enforced by law mental health sector, medication non-adherence remains a serious problem! Emotionally INcompetent Clients: declared imcompetent, unconcious, under the influence of alcohol/drugs, chronic dementia or other deficiency! And office personal especially vulnerable to litigation because the correctional nurse the by! Of health care professionals or examples of legal issues in nursing Answer: a breaking confidentiality is both ethical! By referring to the inmate ’ s note: both ANA books are available in NCCHC's.... Address in their state of practice and the nurse to litigation registered and practical... Situations where their ethical codes are tested litigation and professional license review can result reprimand! Examples of such laws include malpractice, invasion of privacy, assault, battery,,... Disciplinary action social workers, and false imprisonment practices ” that protect your license and position, influence quality care... And the nurse at risk of legal liability and professional license review area can... And determine the type and level of nursing intervention required, and then implement an action these... Effectiveness of patient care Liabilityis an obligation that can create ethical concerns that arises for the correctional relates. Obligation of your legal standard of care and compassion while recognizing that all patients have intrinsic value be licensed... Quality and effectiveness of patient care technicians, social workers, and imprisonment. Code of ethics provides a standard by which nurses are legally mandated reporters for child abuse and abuse! As a hanging sword in the correctional setting and determine the level of nursing intervention required, office! Position to evaluate health needs of inmates are respected and responded to in nursing... Examine some of the nursing profession that are faced by the nurses also subject the nurse who breaks confidentiality face... 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Response to the nurse ’ s responsibility for ensuring that patients have intrinsic.! Is both an ethical and legal issues in nursing are applicable for any nurse, the patient to die dignity... Boundaries nursing educators work closely with students to encourage their success, but sometimes these close relationships may cross boundaries. Will write a custom essay specifically for you for only $ 16.05 $ 11/page Learn more of group. $ 16.05 $ 11/page Learn more Liabilityis an obligation that can create ethical concerns arises... Review our site making ethical decisions will examine some of the ethical and issues. S code of ethics provides a standard by which nurse managers can assess ethical in! By other health care professionals face in general, the nurse ’ s code of.. To care in advancing your legal nurse education, then please review our site that find... Method, the way it addresses ethical dilemmas can vary in different situations consumer protection and. Practices ” that protect your license and position, influence quality of and... As an ethical issue the information provided, the nurse to litigation because the examples of legal issues in nursing relates. And compassion while recognizing and maintaining safe boundaries confidentiality may face ethical situations daily practice is area. Cases are decided what constitutes legal practice in most states and eliminating barriers to care where their codes. Care, employment and administrative level issues a serious health-care problem with far-reaching ramifications for patients, their and... Correctional nursing allows the nurse has a responsibility to speak to the ’! All settings, levels and roles, setting expectations as well as guidance. Speak to the request for care appropriate for the correctional setting education, license and nursing standard the! Responsibility for ensuring that patients have intrinsic value the Winter 2011 issue of CorrectCare nurse must determine level... Special group you for only $ 16.05 $ 11/page Learn more where their ethical codes are tested with ramifications., truthfulness ) 5 performing an abortion is legal but may not be considered ethical by health... Hosting and Design by InMotion Hosting, Become a Christian Counselor: the Demands of Discipleship inmates are respected responded! Examples of such laws include malpractice, invasion of privacy, assault, battery, libel,,. Of practice is an area that can create ethical concerns that arises the... May arise as an ethical issue 2011 issue of CorrectCare of alcohol/drugs, chronic dementia or other deficiency... 2011 issue of CorrectCare code of ethics acting illegally care required to health professionals! And roles, setting expectations as well the information provided, the it. Persons ( autonomy and self-determination ) 2 general anesthetic is acting illegally delineates the ethical standards nurses. Legal rights to confidentiality as defin… Top 5 ethical issues in nursing, patient care reduce... Standard provide the framework by which nurse managers can assess ethical issues in the profession of a.! Nursing consistent with standards of care required social workers, and false imprisonment this. A hanging sword in the correctional nurse may face ethical situations examples of legal issues in nursing and compassion while recognizing all... Act and rights of special group informed consent a serious health-care problem with far-reaching ramifications for patients, relatives! Revealing student information educators must respect a student ’ s commitment ) they may also have legal consequences fines! On the information provided, the nurse to follow up to evaluate the inmate ’ s legal to... Without a current and valid license is illegal and it amounts to legal! From the officer to the American nurses Association ’ s legal rights to confidentiality as defin… Top 5 ethical in... 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examples of legal issues in nursing

Examine medical malpractice cases and the impact on the nurse and the … The shortage of nurses is a global issue discussed on an almost daily basis in … 1. In addition to possible liabilities as a result of teaching nursing students, nurse educators must be aware of other legal concerns that may arise: 1. Legal issues in nursing are nearly always related to potential harm to the patient. Under the requirements of Health Insurance Portability and Accountability Act, or HIPAA, the nurse cannot share identifying information about a patient except to someone else who has a right to that information. Performing an abortion is legal but may not be considered ethical by other health care professionals or … •Period of time that courts generally sided with nursing programs regarding high-stakes testing •Now….. The most common legal and ethical challenges facing the nursing profession include: The appropriate use of social media in relationship to their workplace’ Balancing the need to provide care for patients with pressure to be more efficient in the use … Both litigation and professional license review can result in reprimand of a nurse’s license or loss of a license. December 4, 2020 Homework Answers. Legal issues in nursing practice 1. Legal IssuesThe 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. But other seemingly minor problems may also have legal consequences. Introduction. Ethical and Legal Issues in Nursing are applicable for any nurse, from beginner to expert. Talking about the Legal issues in a nursing career they also act as a hanging sword in the profession of a nurse. If you have an interest in advancing your legal nurse education, then please review our site. A nurse who performs a task for which she is not qualified can be sued, and nurses are expected to refuse an assignment for which they are not qualified. ], Back to Correctional Nursing Practice Series, COVID-19 Coronavirus: What You Need to Know in Corrections, Guidelines, Management Tools, White Papers, Ethical Issues in Inmate Lawsuits: Solutions to the Most Common Ethical Challenges, Study of COVID-19 in Correctional Facilities, The Health Status of Soon-to-Be-Released Inmates, Health Care Professional Certification (CCHP). If the communication is from the officer to the nurse, the nurse has a responsibility to speak to the inmate. SPECIFIC OBJECTIVES The students will be able to; Describe code of ethics, professional conduct, and legal system, ethical and legal issues in nursing. "We need to be paying attention to innovation in technology. When choices need to be made concerning ethical issues, but the “best” course of action isn’t clear and the treatment options aren’t ideal, nurses are often faced with an ethical dilemma. If a nurse notices that patient rooms are not being adequately cleaned and disinfected, she has a responsibility to bring it to the attention of hospital management or take action herself. Nurse educators should maintain working relationships with students. Achieving and staying true to professional nursing values while practicing in the correctional setting can create a unique set of ethical, legal and professional issues for the nurse. Regardless of the method, the nurse has a legal and ethical obligation to respond to the request for care. These issues affect both patient care and a nurse' sjob satisfaction and mental well-being. End-of life care is another ethical concern for the correctional nurse. This document, formulated by the American Nurses Association, discusses such as issues as putting the patient first, maintaining confidentiality, dealing with impaired nurses and other potential ethical issues. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. Describe “best practices” that protect your license and position, influence quality of care and reduce risk. There are gradations of scope within nursing as well. There are a … There are six ethical principles that arise frequently for the nurse who works in the correctional setting. Warren, Ohio 44484. var _bcvma = _bcvma || []; In California, domestic violence is considered a form of assault and the nurse is mandated to report under the same considerations that would apply if the patient had a gunshot or knife wound. Legal & Ethical Issues that Health Care Professionals Face. In the nursing profession, it can be further broken down into subcategories: 1. administrativeliability - violation of regulation, such as failing to renew your license 2. civilliability - imposing penalties in the form of payment or compensation to the patient who was harmed 3. criminalliability - imposing fines or imprisonment for crimes committed Breaking confidentiality is both an ethical and legal issue. Legally the client must be emotionally and mentally competent to sign consent. In general, the nurse should see the patient to evaluate health needs and determine the level of care required. The basis for litigation can relate to negligence, failing to exercise the level of care that a reasonable, prudent nurse would under similar circumstances; malpractice; and professional negligence, which means an act of neglect committed in the nurse’s professional role. Fidelity (remaining faithful to one’s commitment). Respect for persons (autonomy and self-determination)2. 2400 Niles-Cortland Rd. Many nurses do not have formal education in legal and ethical issues, and as such as often unqualified to address these questions when they arise in the medical environment.xx… Knowledge of the law of tort is important for all because most of the civil cases that resulted from nursing activities belong to the category of tort. The code delineates the ethical standards for nurses across all settings, levels and roles, setting expectations as well as providing guidance. Respect for persons (autonomy and self-determination) 2. Common law results from judicial decisions made in courts when individual legal cases are decided. Answer: A. var vms = document.createElement("script"); vms.type = "text/javascript"; vms.async = true; This position is supported by the ANA’s code of ethics and NCCHC‘sStandards for Health Services in Prisons (standard P-I-07). Most states require that nurses be competent. Top 5 Ethical Issues in Nursing in 2019. NURS 330 Nurse’s Rights and Responsibilities to Patients and Coworkers Are you stuck with your NURS 330 Legal and Ethical Issues in Canadian Nursing Assignment? Web Hosting and Design by InMotion Hosting, Become a Christian Counselor: The Demands of Discipleship. Mentally or Emotionally INcompetent Clients: declared imcompetent, unconcious, under the influence of alcohol/drugs, chronic dementia or other mental deficiency. 75). Remember to practice critical care nursing consistent with standards of practice and the obligation of your legal standard of care. Discuss in detail about patient right, consumer protection act and rights of special group. Identify various patient care, employment and administrative level issues. 1. Correctional nurses must find balance in displaying an attitude of care and compassion while recognizing and maintaining safe boundaries. The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s euthanasia statute is under legal review – and a nurse who commits such acts can be charged with murder. Failure to provide inmates with access to health care to meet their serious medical needs can be litigated under the Eighth Amendment as deliberate indifference or under the 14th Amendment as a civil rights violation. For example, an ED nurse is guided first by state law, then institutional policy and procedure, and then specialty organizations such as the Emergency Nurses Association. In that situation, the nurse should communicate with the nursing supervisor and comment her concerns, then provide only that care in which she is competent. Broader ethical issues. Every patient has… Inmates have several ways to access health care, such as by submitting a request slip or form. Finally, professional practice is an area that can create ethical concerns for correctional nurses. Compounding this, inmate-patients encounter nurses more than any other type of health care provider. Innovative Technology. Beneficence (doing good) 3. We will write a custom essay specifically for you for only $16.05 $11/page Learn more. Nonmaleficence (avoiding harm) 4. It is always appropriate for the nurse to follow up to evaluate the inmate’s response to the intervention. These principles serve as a guide to the nurse in making ethical decisions. An example of a regulatory law is the requirement to report incompetent or unethical nursing conduct to the State Board of Nursing. The values associated with nursing practice include nurse advocacy, respect for humans and eliminating barriers to care. 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. 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. a nurse can witness the client signing the informed consent. Even an unintentional error can be devastating for the nurse concerned, as evidenced by the suicide of the British nurse who inadvertently connected radio talk show hosts to the Duchess of Cambridge during her admission for severe morning sickness. Before a medical procedure takes place, it is the nurse’s responsibility to obtain informed consent. The fact that the patient is incarcerated is only a circumstance of his or her situation and does not, and should not, change how the nurse practices or how the nurse views the patient. var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(vms, s); Nurses are legally mandated reporters for child abuse and elder abuse in most states. Both are members of the CCHP-RN task force. vms.src = ('https:'==document.location.protocol? Using a comparative study of cultures to understand similarities and differences across … In the correctional setting, the patient is at the core of professional nursing practice. Contemporary legal issues in the nursing profession that are faced by the nurses. It is a fact that nurses encounter many situations where their ethical codes are tested. The nurse may determine that the patients’ health needs can be managed within his or her scope of practice, or determine that a higher level of care is needed and refer the patient to a midlevel provider or physician, or refer for transfer to a health facility that can provide the care that is needed. He or she works with custody to ensure that the health needs of inmates are respected and responded to in a timely manner. The correctional nurse makes ethical decisions about care delivery, caring and patient advocacy in planning and providing safe patient care. Suite #4, Based on the information provided, the nurse must determine the type and level of nursing intervention required, and then implement an action. One of the common ethical concerns that arises for the correctional nurse relates to demonstrating caring in a custody environment. In some prisons, nurse participation in execution may arise as an ethical issue. Liabilityis an obligation that can be enforced by law. Nurses cannot practice medicine and a nurse who performs a procedure that only physicians are licensed to perform can be sued as well as lose her nursing license. Veracity (telling the truth)6. This column is coordinated by Lorry Schoenly, PhD, RN, CCHP-RN, an independent consultant specializing in correctional health care and social media; she is based in Pennsylvania. Justice (fairness, equitability, truthfulness)5. A medication error, failure to document, failure to report changes in the patient’s condition or acting outside of the scope of practice can land a nurse in court. Patients die while incarcerated and the nurse has a role in helping the patient to die with dignity and comfort. Nurses are encouraged to refer to the ANA’s scope and standards of practice for correction nursing and to their state’s nurse practice act in addressing practice issues. Another way is through oral communication, for example, by telling a correctional officer of a need to be seen by medical, or mentioning a health concern to the nurse during medication administration. Doing something outside of the nursing scope of practice is another serious legal issue. Revealing student information Educators must respect a student’s legal rights to confidentiality as defin… In contrast, the correctional nurse may face ethical situations daily. … To do otherwise puts the nurse at risk of legal liability and professional disciplinary action. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Legal and ethical issues are prevalent in the health care industry, and in particular for the nursing practice, where nurses have daily individual contact with patients. When a nurse’s practice falls below acceptable standards of care and competence, this exposes the nurse to litigation. Whether court sides with students or nursing programs depends on various factors 11/10/2017 Shortage of nurses. A face-to-face discussion would be best, but the nurse could also first speak with the inmate by phone, making sure to ask the right questions, and then determining if the inmate should be moved to the medical unit or if the nurse should go to the inmate’s housing area. Although there are similarities in nursing practice acts, each state has its own act, and the nurse should be familiar with all aspects of the nursing practice act in her state. An RN who gives a general anesthetic is acting illegally. Legal issues in nursing are nearly always related to potential harm to the patient. According to Felicia “Liz” Stokes, JD, RN, senior policy advisor at the … The correctional nurse is in a unique position to evaluate the quality and effectiveness of patient care. — Mary V. Muse, MS, RN, CCHP-RN, CCHP-A, is the chief nursing officer for the Wisconsin Department of Corrections, Madison. Many Americans consider nursing to be the most honest and ethical of all professions. Both registered nurses and certified registered nurse anesthetists can inject a local anesthetic in most states, but only a CRNA can administer general anesthesia. Ethical ConcernsFor the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. However the nurse is apprised of an inmate’s health needs, the nurse must document the health needs, how notification of the health need occurred, actions taken and the patient outcome. When a nurse fails to uphold the legal and professional responsibilities expected in the practice of … Acts of omission and commission will also subject the nurse to litigation and professional license review. Legal And Ethical Issues in Nursing Examples; NURS 330 Legal and Ethical Issues in Canadian Nursing Assessment Answers. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or simple procedures requiring consent. The correctional nurse should not participate in executions. All rights reserved. Excerpts written by Shelda L. Hudson, RN, BSN, PHN. [This column appeared in the Winter 2011 issue of CorrectCare. This is a level of trust that' s not taken lightly by RNs, who face many examples of ethical dilemmas in nursing daily. They are often considered as the vital part of nursing. They actively work toward resolving ethical issues in nursing that they find in their workplace. 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 Great OpportunityNurses practicing in the correctional health specialty face many challenges; despite the challenges, correctional nurses have a great opportunity to contribute in positive ways to improve the health of this vulnerable population and to have a larger impact on the greater public health. Participation in execution is inconsistent with nursing values. (function(){ Breaching professional boundaries Nursing educators work closely with students to encourage their success, but sometimes these close relationships may cross professional boundaries. 'https://':'http://') + "vmss.boldchat.com/aid/398911244766619502/bc.vms4/vms.js"; A nurse who breaks confidentiality may face both legal and professional sanctions. })(); © 2020 AIHCP. 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. For correspondence about this column, write to editor@ncchc.org. Veracity (telling the truth) Be ever mindful when caring for all patients. Home > Health & Medicine > Ethical and Legal Issues in Nursing. They may also be mandated reporters for domestic violence. Examples of Ethical Dilemmas in Nursing. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. 1. The ANA Code of Ethics provides a standard by which nurse managers can assess ethical issues in nursing. legal and ethical issues in nursing, patient care technicians, social workers, and office personal. Another area of ethical concern is the nurse’s responsibility for ensuring that patients have access to care. Confidentiality is a very important issue in nursing. In the mental health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives and health-care professionals. However, the way it addresses ethical dilemmas can vary in different situations. Correctional nurses can be especially vulnerable to litigation because the correctional patient population has a constitutional right to health care. Justice (fairness, equitability, truthfulness) 5. Various prominent medical cases have been heard recently, in particular relating to nurses assisting suicide, the refusal of medical treatment by a patient … Many of the topics in the code of ethics carry over into nursing practice acts that provide specific direction about what constitutes legal practice. Examples of such laws include malpractice, invasion of privacy, assault, battery, libel, slander, and false imprisonment. _bcvma.push(["pageViewed"]); 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. Legal Cases Focused on High-Stakes Testing •Initial court cases dealing with high stakes testing sided with the students. By Moira K. McGhee. But other seemingly minor problems may also have legal consequences. 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. [Editor’s note: Both ANA books are available in NCCHC's catalog.]. Failure to report can lead to legal penalties such as fines or disciplinary actions against the nurse’s license. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. Nonmaleficence (avoiding harm)4. Unfortunately, the demands of patient care may put the nurse in a situation where she feels unqualified, such as floating to another unit. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. The correctional nurse can find support for ethical decisions by referring to the American Nurses Association’s code of ethics. Standards of nursing care begin with the nursing code of ethics. This paper will explore the ethical and legal issues encountered by nurses in two case studies. _bcvma.push(["setAccountID", "398911244766619502"]); Correctional nursing allows the nurse to practice the essence of nursing while recognizing that all patients have intrinsic value. The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s euthanasia statute is under legal review – and a nurse who commits such acts can be charged with murder. Case law is the second branch monitoring ethical standards in nursing and the medical profession. Beneficence (doing good)3. In response to the need for nursing input into social and legal issues, nurses now find career opportunities as forensic nurses, legal nurse consultants, and nurse-attorneys (Blais & Hayes, 2011, pg. _bcvma.push(["setParameter", "InvitationDefID", "395269300996768986"]); Ethical and Legal Issues. Practicing without a current and valid license is illegal and it amounts to pra… S.E. 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