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. Second, a breach of that duty by not meeting the required standard. 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). 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. Ethics in nursing is fundamental to the integrity of the nursing profession and ensure better patient outcomes. 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. 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. Medical-surgical nursing is a nursing specialty area concerned with the care of adult patients in a broad range of settings. 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). All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. 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. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. In the following discussion, I will look at the ethical principles and legal implications of hiding information from the patient and administering morphine without his information or approval. Patients need a palliative care to support their long and slow treatment procedure Tang, (2006, p. 360). Nurse educators teach people to become nurses. The administration of medical treatment including palliative care is already governed by a legal regime. 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. It is very complicated to reveal the information opposite to relative’s desires (Cavanna et al ,2009). This is a duty of confidentiality, to not give information about the patient to others without consent. 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 27th Nov 2017 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. TPAPN 6. 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. Studies show that more nurses are being sued for on-the-job behaviors and actions than ever before. Immigration law practice areas include: Asylum/refugee law Remote area nursing These specialist nurses work individually or in a small team to provide health care to population in geographically isolated areas. AMA Queensland emphasize that health professionals should respect the ‘autonomy’ terminally ill patients in order to refusal and acceptance of their medical treatments. Legal issues and regulations play a dominant role in nursing practice today. While the degree to which regulatory/legal, institutional and cultural barriers can vary, common themes emerge when reviewing the status of APRN practice in various countries. 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. Although there are many textbooks and periodicals that discuss legal issues in nursing, it is best whenever possible to study the primary legal material as well. VAT Registration No: 842417633. The team includes doctor, nurse, massage therapists, nutritionists and pharmacists. 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. Health professional should treat the person ‘autonomously’ and prevent him/her from harm and care provider should also aware of legal implication of action taken(Ulysse, Balicas & Yiquing 2011). When legal issues arise, the nursing documentation becomes a central part of proving whether standards of care were met or not. To its credit, this new edition of Fundamental Aspects of Legal, Professional and Ethical Issues in Nursing offers many practical signposts to good practice, but … It also provides a firm support to the family to cope up with the patient illness and also includes bereavement support for the family. Table 2: Global Challenges to … Since 1997, allnurses is trusted by nurses around the globe. The nurse is always in dilemma whether she should cooperate with the family or not. 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. The text of the legislation for regulating nurses, midwives and nursing associates. It expresses the respect for their autonomy. It offers a support system that helps patients to be lively as much as possible until death. Ethical, moral and legal issues in oncology. 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. Finally, damages, being monetary payment intended to compensate the patient for the detriment. In many communities for instance Muslim and Indian cultures diseases are perceived as a family matter. 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. 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 … 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. “We’ve seen a number of issues coming to a head, in particular at the Pinecrest Nursing Home in Bobcaygeon where 29 residents and the spouse of a resident have died due to COVID-19.” 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. When the medical practitioners communicate with the patients, being honest is a fundamental way to develop trust and respect for the patient. Knowledge of these circumstances is integral in enabling nurses to perform their roles following ethical standards. Our legislation. Excerpts written by Shelda L. Hudson, RN, BSN, PHN. 2, Manuscript 5. Medscape's Legal and Professional Issues for Nurses allows readers to seek general information from Carolyn Buppert, NP, JD about legal or professional nursing issues, … 1. sirI is a Senior Administrator for allnurses.com. . Available: www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/V… Law handbook Victoria recognizes another law governing certain aspect of hospital care and ethical issue. 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. 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). Find out more below. Types of Nursing Specialties: 20 Fast-Growing Nursing Fields With the nursing field constantly evolving, there are a variety of different types of nurses you can be. This article includes a link to our free guide to a career in nursing. “The situation is fairly dire for nursing homes and long-term care facilities throughout Ontario right now,” says Joffe, who is hosting a webinar on the issues facing long-term care facilities. The nursing profession, including professional and specialty organizations, is responsible to its members and to the public to define the scope of practice and standards of practice. Read the latest issue and learn how to publish your work in Issues in Mental Health Nursing. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Ethics regards standards of moral judgement and professional conduct. If a person has capacity to decide their medical care the patient will consent to their medical treatment. Our academic experts are ready and waiting to assist with any writing project you may have. Justice -Justice described as treat everyone ‘equally and fairly’. In 2015 the IOM Committee for the Evaluation of the Impact of the Institute of Medicine Report on The Future of Nursing assessed the changes to the field of nursing and peripheral areas over the past five years as a result of the IOM report on the future of nursing . Peer Review Actions The Texas Board of Nursing (formerly the Board of Nurse Examiners for the State of Texas) regulates nursing practice in the State of Texas pursuant to the Nursing Practice Act, the Texas Administrative Code and other guiding statutes such as the Health & Safety Code and Chapte… Where they are not sure which course of action would be appropriate in both ethical as well as legal manner. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. A bachelor's degree in nursing (BSN) is typically a minimum educational requirement, but a Master's of Science in Nursing (MSN) with an educational specialization is recommended, along with leadership skills necessary to teach other nurses.1Despite the push for all nurses to attain their BSN, varying levels of education (with different levels of clinical experience) are still present in the nursing workforce. 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. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. The GMC has also provided guidance on particular areas such as consent, confidentiality, and withholding or withdrawing treatment.vi This guidance is not mandatory, but is recognised at law, and in the case of W v Egdell, the court referred to the GMC guidelines on confidentiality.vii The British Medical Association (BMA) is the national association of practising doctors, with its own medical ethics unit which deals with individual ethical queries from doctors and nurses, and provides guidelines on ethical issues. 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. No state or federal laws prohibit an NP from practicing in a specialty area. Nursing informatics and healthcare go hand-in-hand these days. B.American Nurses Association: “The practice of nursing means the performance for compensation of professional … (ACMA 2011). The family also desires that the nurse should not tell the patient about the medications prescribed to him. Nursing From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. 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. 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. Describe “best practices” that protect your license and position, influence quality of care and reduce risk. Vol. Standard of Care 5. allnurses is a Nursing Career, Support, and News Site. According to Criminal Code (Palliative Care) Amendment Bill 2003, “Section 282A does not address consent. This result in deteriorating in her physical health and she may ask question about her situation and prognosis of the disease. The NMC contains guidelines regarding the expectations of particular duties such as confidentiality, medical research obligations, consent rights, and autonomy. Even the court of law has approved this argument that if the doctor and his medical team prove with an evidence that the information would have a devastating effect on the patient then they have a full power to hide the information from the patient or they reveal the truth to the patient when they believe it is appropriate time to tell Seymour (2004, p. 165). There are various palliative regimes which are applicable for other diseases, such as cardiac or renal disease, so as to help the patient to cope with the suffering (Johnson et al. Disclaimer: This work has been submitted by a university student. Legal, Ethical and Professional Issues in Nursing. Professional organizations or certifying boards issue voluntary certification in many of these specialties. She conducts seminars for Nursing Students, Nurses, physicians, and other healthcare providers regarding how to avoid litigation, assisting with depositions, and conducting "Mock Trials" where the students are the players in the court proceedings. Specialty areas include OB-GYN, trauma, med-legal consulting, forensics, and education. Their duties may include reviewing and summarizing medical records, serving as expert witnesses, investigating patient claims, auditing medical bills, and more. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below approved by the NMBA in August 2019. Ambulatory care nursing This creates a problem for nurses and the ethical questions about who to protect. provides indexing for law reviews, legal newspapers, specialty publications, Bar Association journals, and international legal journals. Ethics regards standards of moral judgement and professional conduct. Medical-surgical nursing is a nursing specialty area concerned with the care of adult patients in a broad range of settings. Legal issues in nursing documentation regarding medication records and medication errors are common. This can be in court or with insurance companies, healthcare providers, and other agencies. According to Criminal Code (Palliative Care) Amendment Bill 2003. Do you have a 2:1 degree or higher? i These duties are supplemented by … The consent must be effective, and then no consent is required from a parent, except in specific procedures such as organ donation and nontherapeutic research. It can also be one of the main reasons of moral distress on them. At the Leichter Law Firm, we may be able to help you understand the following aspects of nursing license defense: 1. 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. Nurse should access the risk of interventions that she /he is doing. Correctional nursing specialists. 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). Laws determine and set boundaries and maintain a standard of nursing practice. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Free resources to assist you with your university studies! This essay may contain factual inaccuracies or out of date material. It integrates the psychological and spiritual aspects of patient care. A burns nurse cares for patients who have suffered serious burns. Ethical issues in nursing contain all the tough decisions the healthcare profession faces each day in caring for society. 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). Online Journal of Issues in Nursing. xxi The patient must have suffered bodily, economic, or emotional injury. There might be things which she wants to do before dying if she would have been informed. We're here to answer any questions you have about our services. It also provides detailed information about the various significant steps that should be taken to handle these types of ethical dilemmas. One change is the use of the electronic health record (EHR). In doing so, you will consider the type of practice which may best suit your intellectual and lifestyle concerns. Legal, Ethical and Professional Issues in Nursing. The family does not want the nurse to notify the patient about the lethal nature of his disease. Sometimes it is seen that there is psychological impact on the patient’s mindset and it’s really hard for them to cope with such a stressful situation (Kendall 2006). 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). 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. (Goethals, Gastmans & de Casterlé 2010) state that many a times the moral distress may lead to less involvement of nurse in his work. 3, Manuscript 3. 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. These are the most prevalent issues nurses face. iThese d… It is a team based effort of care giving and it is also responsible for initiating the concept of dedicated palliative care development team. 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 … Palliative care uses a team approach to handle the needs of the patients and their families. 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. Top … The law provides a framework for establishing nursing actions in the care of clients. Reference this. 19, No. 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. administer medication without consent. Advanced practice. 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. There is a range of statutes impacting health care in the UK, as well as international standards. \"Legal Considerations for Nurses Practicing in a Telehealth Setting\". The nurse should consider patient’s autonomy before administering morphine. 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. According a survey conducted almost three decades ago, it has been cleared that 97% of the physicians felt that it is correct to tell the truth to the patients regarding all the relevant aspects of their illness which includes the nature of the illness and its expected outcomes. Sometimes, a term ‘Long term care’ is used to describe the palliative care. 2010). Download a PDF copy of this Fact sheet - Advanced nursing practice and specialty areas within nursing - May 2020 (139 KB,PDF). ix, However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for practitioners. professional and legal issues underpin nursing practice. They may provide counseling, organize family meeting or make referrals to mental health professionals if needed (Bush & Bruni 2008). Home All Journals Issues in Mental Health Nursing List of Issues Volume 41, Issue 11 2019 Impact Factor. The health professional should motivate the family introducing them the benefit of therapeutic discloser and harmful effects of concealing information e.g. 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. Recent issues like nursing shortages and hospital cost-cutting initiatives have placed extra burdens on nurses, increasing their workloads and the margin … 6 No. If you need assistance with writing your essay, our professional essay writing service is here to help! 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. In the modern world, there are a number of nursing specialities. Words like 'liability', 'negligence' and 'malpractice' probably never entered your mind. Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. To be registered, it is a general rule that nurses must undergo education in addition to personally indicating through performance and training that they intend to follow ethical standards to retain a licence for nursing.v. The NMC’s ‘Code of Professional Conduct: Standards for conduct, performance and ethics’ is widely adhered to in the profession. The nurse’s education, license and nursing standard provide the framework by which nurses … Ethics regards standards of moral judgement and professional conduct. 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. 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. Medication Errors. ii These are professional duties which become legal duties if any legislation or policies are breached during practice. Legal Specialty Areas: As you look for a job, you need to be extremely familiar with different legal specialty areas. 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