Issue 8, p. 36. xxxvii Lord Goff in Re F (Mental Patient: Sterilisation) [1990] AC 1. xxxviii Marshall v Curry [1933] 3 DLR 260; Murray v McMurchy [1949] 2 DLR 442. The main reason behind the existence of the two different firms is that the instance whereby Mr. Abraham succumbed to death, in one way or the other, the shift of blames suddenly arose. xviii The consent is valid if the minor is of ‘sufficient intelligence and understanding to appreciate the information and advice about the treatment and what it involves,’ for instance if a teenage girl consent in receiving contraceptive advice without her parents’ knowledge or consent.xix As the law enforces a duty of confidentiality by nurses to adults, the law then extends the duty to children who are competent in consenting to treatment. Gravity. Third, causation, which is a factual connection between the action of the nurse and the harm suffered by the patient. Each state's Department of Health and Board of Nursing also set standards. No plagiarism, guaranteed! Nursing case study assignment help experts across Australia feel that there are a number of legal and ethical issues in nursing that need proper attention. Nurses are highly accountable to patients, the public, employers, and the entire profession. Original Presentation: October 27, 2015 Short Description: The presentation focused on minimizing the discipline risk in nursing practice. We've received widespread press coverage since 2003, Your NursingAnswers.net purchase is secure and we're rated 4.4/5 on reviews.co.uk. 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. You can view samples of our professional work here. Remember critical care nursing is built upon basic nursing knowledge and skills — never ignore their importance when caring for patients with an actual or potential high-risk health problem. Legal Issues in Nursing. The result could be declines in the quality of patient care; problematic clinical relationships; and moral distress, which is defined as knowing the right thing to do but not being allowed or able to do it. Liabilityis an obligation that can be enforced by law. 10th Dec 2020 Nursing Ethics: A Principle-Based Approach. Also you should remember, that this work was alredy submitted once by a student who originally wrote it. Concern clustered among sev- eral topics. Symptoms of depression can be seen in a person who's gripped with an inferiority complex and frustration. Case law is the second branch monitoring ethical standards in nursing and the medical profession. Company Registration No: 4964706. Ethical and Legal Issues in Nursing NUR/391 July 28, 2013 Mary Nicks, MSN, RN … 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. ; Under the Nurse Practice … 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. 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. 1. This Website is owned and operated by Studentshare Ltd (HE364715) , having its registered office at Aglantzias , 21, COMPLEX 21B, Floor 2, Flat/Office 1, Aglantzia , Cyprus. Nursing Case Study Segments. Nurses must be guided in learning about ethics within their profession to ensure mistakes to do not occur. The consideration of legal and ethical issues is very significant in every profession. (2013). Ethical Issues . It is vital for the nurse to report negligence on any level in order to protect the safety of patients. They can hone these skills through an advanced nursing degree, such as an online Master of Science in Nursing (MSN). In England, a patient is considered a minor if he or she is under 18 years of age, although in Scotland the required age is lower at 16. This is 100% legal. Nurses are individually accountable, legally and professionally for their own standards of care and should only practice within their scope of competence and ability, knowing their limitations. Ethical and legal issues, being two kinds of issues that are often brought up especially in organizations, are two terms that often clash with one another and at the same time working with one another on different occasions, as well. nurse chris image by John Keith from Fotolia.com. As a nurse myself, I knew the drill but I was very uncomfortable. 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. In addition, the disciplinary action of the nurse and untrained personnel is discussed. Examples of how the exceptions may affect your practice include: ... September 1998), and Legal Risks in Nursing (Vol. The nursing practice is expected to comply at an individual level with these guidelines on a daily basis. When to contact the Nursing Supervisor (NS) A nurse questions an order but the Physician can not be located, the nurse should then CONTACT the NURSING SUPERVISOR. The Status of a Patient. The crime would … After a chaos of choosing the right profession, I found nursing to be the best, matching all my abilities with the attributes of this profession. This is our group presentation for our Trends and Transitions class, the last class in the Nursing Program. Typically, a nursing case study contains three main categories, such as the items below. In the latter case, the court stated that ‘the doctor has a duty not to voluntarily disclose without the consent of his patient information which he has obtained in his professional capacity, save in exceptional circumstances’ (at [23]). For example, the failure of nurses to adhere to professional responsibility in revealing private information. https://studentshare.org/formal-science-physical-science/2043279-legal-issues-in-nursing-bachelor-of-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. karinagalan. Our website is a unique platform where students can share their papers in a matter of giving an example of the work to be done. For example, in the UK, the evolution of the Mental Capacity Bill highlights the public’s belief that patients have the right to make their own treatment decisions. ix, However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for practitioners. Legal issues in nursing are nearly always related to potential harm to the patient. ... Replete with practical advice from experts in the fields of nursing, law, and ethics, this text guides the reader through legal and ethical principles, analyses of relevant case-based scenarios, and practical recommendations for handling problems in accordance with existing laws and institutional policy. 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. Data from the National Practitioner Data Bank (NPDB) indicates that each year more nurses are ending up as defendants in lawsuits concerning negligence and malpractice[Cro03]. Bioethics. 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 main legal issues in the healthcare system relate to medical negligence, informed consent and confidentiality. What are the common legal issues a community/public health nurse may face? Additional Resources: Teleconference Handout Presenter: Trudy Button, ARNNL Legal Counsel … Under no circumstances should the nurse carry out the order without clarification. New York: Springer, p. 102. xxix Martin, R. (2010, August 26). She was nauseous, feeling unwell and her abdomen was distended and tender. Revealing student information Educators must respect a student’s legal rights to confidentiality as defin… Jack's prognosis is poor, and he is not expected to live past two weeks of age. However, before reaching litigation, it is often expected that nurses are competent in making these decisions and informing their supervisors and subsequently the court regarding patient consent. Finally, damages, being monetary payment intended to compensate the patient for the detriment. Disclaimer: This work has been submitted by a student. 2nd edition. Vol 25. View Ethical and Legal Issues in Nursing.ppt from NURSING 110 at Kenyatta University. (Legal Issues In Nursing Bachelor Of Nursing Example | Topics and Well Written Essays - 1672 words, n.d.), (Legal Issues In Nursing Bachelor Of Nursing Example | Topics and Well Written Essays - 1672 Words). Legal Issues in Nursing: Concepts and Terms This lesson will introduce you to the basic legal concepts and terminology of today's professional nursing. •Examples of regulatory requirements –Limits on use of high-stakes testing within course grades & as a requirement for graduation –May need to offer remediation for testers who do not pass tests 11/10/2017 . nursesÕ experiences of ethics and human rights issues in nursing practice in the Australian State of Victoria. Many Americans consider nursing to be the most honest and ethical of all professions. Just like other healthcare professionals, nurses need to practice according to a complex web of federal and state statutes – while they make decisions in an ethically responsible manner. The NMC contains guidelines regarding the expectations of particular duties such as confidentiality, medical research obligations, consent rights, and autonomy. The Department of Health issued a Health Service Circular 219.99, which mandated some requirements of a new nursing education programme. 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. Ethical and Legal Issues in Psychiatric/Mental Health Nursing ; 2 Introduction. The GMC will be unable to protect nurses if disclosure amounts to a significant breach towards the particular individual, despite assessment of legal and ethical questions. They actively work toward resolving ethical issues in nursing that they find in their workplace. The Nursing and Midwifery Council (2008) state as a nurse you are personally accountable for actions or omissions and must be able to justify behaviour. infoLAW, Consent to treatment: the role of the nurse (Vol. Under no circumstances should the nurse carry out the order without clarification. This article discusses the hypothetical case of Jack, a two-day-old infant diagnosed with trisomy 13 (syndrome), a life-limiting condition. Examples are unsafe nurse-to-patient ratio, nonresponse by a physician, inappropriate medication orders and refusal of lifesaving treatment by a competent adult patient. There is a range of statutes impacting health care in the UK, as well as international standards. Legislation determines what is right or good within a society. Such errors can be caused by human factors, medical complexity and system failures (Ginny, 2010). 1. 2, … Ethical Issues. Available on: http://www.tampabay.com/news/health/research/moffitt-cancer-center-discoverspatient-consent-was-falsified-for-study/1117483 [1 November 2014]. The NMC requires nurses to keep their knowledge and skills up to date ensuri… Issues by nature are many and, today, many issues are brought up and are questioned upon their varying natures. The fundamental responsibilities of all medical practitioners remains constant, being to promote health, act in the best interests of the patient, prevent illness, remove suffering, and extend services beyond the individual to their family and the community. 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 the UKDiss.com website then please: Our academic writing and marking services can help you! Legal and Ethical Issues in Nursing Explained. For example, touching a person without permission – that is, without consent – can be both a crime and a tort – a civil wrong. In England and Wales, the Family Law Reform Act 1969 states that a person who is 16 or 17 years old has a statutory right to consent to treatment, under section 8, a minor aged 16 or over is considered an adult and has the legal rights which flow from this categorisation. The institution had enough proof to suspend the indicted nurse. Before a medical procedure takes place, it is the nurse’s responsibility to obtain informed consent. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. you may add on to this.. Edition 3. The American Nurses Association defines the practice of nursing as "the protection, promotion, and optimization of health and abilities, prevention of illness and injury, alleviation ... ...Legal Issues In Nursing Bachelor Of Nursing... Legal Issues In Nursing Bachelor Of Nursing... aspects of nursing Availability of sufficient evidence to form a basis for suspension of the nurse from her duties. You may not submit downloaded papers as your own, that is cheating. Code of professional conduct for the nurse, midwife and health visitor. Ethical and Legal Issues in Psychiatric/Mental Health Nursing ; 2 Introduction. Given that the duty of confidentiality is a combined public interest and individual interest assessment, the judicial system does not provide ample guidance. The nursing society has set universal code of ethics that regulate nurses as they charge duty such that no unnecessary harm... Let us write or edit the essay on your topic. 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. An Essential Guide. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Autonomy, and by extension consent, can be both legally and ethically ‘effective’, depending on context and the patient circumstances. Aspect of Nursing Patient Advocacy Defined If you need assistance with writing your nursing essay, our professional nursing essay writing service is here to help! 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. issues in nursing education per se, rather than matters of curricular concern. Depression makes a person feel low in confidence levels, hopeless, unduly guilty, worthless, sad, sleepy and/ or full of pessimistic ideas. Ethical and Legal Issues in Nursing Over the last several decades, professional nursing has evolved and changed because of the influence of ethical and legal issues. Written on: July 14, 2020 . Nurses are influenced by professional, personal, cultural, social, and political factors. The primary responsibility of a nurse is to the patient. This is a level of trust that' s not taken lightly by RNs, who face many examples of ethical dilemmas in nursing daily. Examples of such laws include malpractice, invasion of privacy, assault, battery, libel, slander, and false imprisonment. 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. Study for free with our range of nursing lectures! The situation mentioned above was an excellent example of a nursing case study. The right to confidentiality has been supported judicially in several prominent cases, including Hunter v Mann [1974] QB 767, W v Edgell [1990] Ch 359, and in X v Y [1988]. xxxii Compliance with legislation is mandatory, whereas compliance with the ethical notions of autonomy must be applied at a personal level within the nursing practice. The patient must be considered competent to make the decision, as in other circumstances a breach of confidence may be permitted. To ensure that high standard nursing services that meet the criteria of safe nursing practice are delivered by the service providers, countries have laws enacted to achieve this. In the case study presented, the principles of protection of safety of the patient are as follows: The first principle is that security safeguards should be effected to protect the patients' health, and this happens when transporting Antonia to hospital from the convenience store where he was in confusion. 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