As nurses have contact with patients on a daily basis in dynamic environments, ethical issues vary based on patient profiles, medical technology. In that case, Justice Rose reiterated that an AIDs case involved a significant public interest, but also a, fundamental right to individual confidentiality. Awareness of ethical problems involves rational reflection of what action should be taken in particular scenarios, and adhering to principles guiding this behaviour. They are often considered as the vital part of nursing. A registered nurse is actually defined as the person who uses nursing knowledge and critical nursing judgement to assess health needs of a patient so that the best health care can be provided and advises people to self manage their health. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. 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, The General Medical Council (GMC) is a statutory entity with the role of protecting the public by maintaining a register of medical practitioners fit to, practice, while also monitoring complaints about practitioners. Critically analyse how ethical, professional and legal issues underpin nursing practice. Therapeutic nurse behaviours are self awareness, being genuine, respectful, culturally safe, responsible and ethical practice. According to a nurse, the biggest ethical, legal and the professional issue here is autonomy of the patient. In this act there is a point of having informed medical treatment and a person has right to chose if they want the treatment or not. “Autonomy refers to the human capacity for self-determination and independence” (Journal of clinical oncology:2001). There are some negative points as well. In this critical discussion, Autonomy will be the main aspect, autonomy of patient and judgement of health professional in betterment of the patient. In some cases if a patient is unable to express what he wants, only then a nurse can decide what is best for the patient but a person like Mr. S, who can state his condition must be informed of the placebo of saline. Nurses are subject to a large number of ethical, legal and professional duties which are so many to be discussed in this essay so that is why only main important ethical and legal duties will be discussed in this essay. CHAPTER 44. Nursing Ethics: A Principle-Based Approach. ii These are professional duties which become legal duties if any legislation or policies are, breached during practice. Examples of Ethical Dilemmas that Nurses Deal with on a Regular Basis •Dealing with the pro-life and pro-choice debate. Enhancing Patient Safety and Care. According to Felicia “Liz” Stokes, JD, RN, senior policy advisor at the ANA’s Center for Ethics and Human Rights, ANA considers the top three nursing ethics issues as: Creating and maintaining an ethical work environment; Nursing’s role in social justice, such as … Critically analyse how ethical, professional and legal issues underpin nursing practice. 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, 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. SPECIFIC OBJECTIVES The students will be able to; Describe code of ethics, professional conduct, and legal system, ethical and legal issues in nursing. Nurses roles and the code of ethics have also been discussed in the essay. The role of the nurse is to maintain client’s autonomy, maintain and improve health and promote a professional relationship of trust. 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. Legal issues in nursing practice 1. Professional, Ethical & Legal Issues in Nursing Practice 3760 Words | 16 Pages. The, fundamental responsibilities of all medical practitioners remains constant, being to promote health, act in the best interests of the patient, prevent. The legal and … In complex healthcare settings, nurses have a responsibility to ensure their patients get the best care while grappling with sensitive ethical issues. We will write a custom essay specifically for you for only $16.05 $11/page Learn more. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Confidentiality is further governed by the Health Insurance Portability and Accountability Act 1996, which outlines the requirement to protect, distribution of confidential information on patients.xxviii This mandates the need to reduce, online systems tracking, monitoring login systems and monitoring confidential information distribution. We're here to answer any questions you have about our services. There are also some jurisdictional differences within the UK with Scotland and, Northern Ireland having separate legal systems.xiii For instance, in Scotland a person can, appoint an attorney of welfare to make medical treatment decisions if that person becomes incompetent, under the Adults with Incapacity (Scotland) Act 2000, yet this is not an option in England. AMN Healthcare's Healthcare News covers the latest healthcare news, views and features within the healthcare workforce industry including healthcare staffing, nurse staffing and physician staffing. To make matters even trickier for nurses, the same ethical dilemma on two different occasions may require a different solution each time. Under no circumstances should the nurse carry out the order without clarification. By Moira K. McGhee. Nurses are highly accountable to patients, the … Health professionals have no right to deny patient’s decision. What are the top ethical issues in healthcare faced by hospital leaders and managers? Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or, simple procedures requiring consent. This influence may be seen in the expanding autonomous roles of nurses in a variety of clinical settings, changes in the health care deliv- 4. The Register acts to allow the GMC to monitor entry to the profession only by achieving the standards required to become an, RMP, and also by monitoring ‘fitness to practice’ proceedings to ensure all practitioners maintain consistently high standards of conduct. (2013). Mr. S has a right to decide if the morphine is relieving his pain or not and the health professionals are meant to respect his decision as patient is the person who is suffering from a very severe pain. Jack's prognosis is poor, and he is not expected to live past two weeks of age. Neonatal nurses regularly face complex legal and ethical dilemmas. Mr. S condition successfully states the ethical, legal and professional issues that surrounds nurse’s and patient’s autonomy as patient’s need of morphine would be conveyed by the nurse to the doctor. Home > Health & Medicine > Ethical and Legal Issues in Nursing. The New Zealand legislation says that a person has a right to be informed and a right to have freedom. Chapter 3 LEGAL AND ETHICAL ASPECTS OF NURSING PRACTICE OBJECTIVES • Define the key terms/concepts • Discuss the distinctions between criminal law and civil law • Explain legal responsibilities and obligations of nurses • Discuss various legal issues that arise in nursing practice • Access, compare and contrast the Code of Professional Conduct for Nurses… The GMC guideline for confidentiality allows disclosure under Paragraph 27 where: ‘disclosure of personal, information without consent may be justified in the public interest where failure to do so may expose the patient or others to risk of death or serious, harm.’xxvii Discussion regarding confidentiality must be informed by ethical. Bioethics. The, NMC contains guidelines regarding the expectations of particular duties such as confidentiality, medical research obligations, consent rights, and, autonomy. 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. 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. Nurses adhere to certain ethical principles when caring for patients. The patient must be considered competent to make the decision, as in other circumstances a breach of confidence may be permitted. Ethical Principles in Nursing Pages: 3 (721 words) Legal and Ethical Issues for Mental Health Professionals Pages: 11 (2560 words) Legal and Ethical issues in nursing Pages: 13 (3092 words) Applying ethical principles in nursing management Pages: 5 (1190 words) If the patient says that morphine is not relieving his pain it means that it is not really working for him. Copyright © 2003 - 2020 - NursingAnswers.net is a trading name of All Answers Ltd, a company registered in England and Wales. 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! Study for free with our range of nursing lectures! Just some stuff to refresh your memory on the ethical and legal issues in nursing. i Edwards, S. (2009). Ethics regards standards of moral judgement and professional conduct. *You can also browse our support articles here >, http://www.gmc-uk.org/publications/standards_guidance_for_doctors.asp, http://www.tampabay.com/news/health/research/moffitt-cancer-center-discoverspatient-consent-was-falsified-for-study/1117483. Ethics regards standards of moral judgement and professional conduct. Legal, Ethical and Professional Issues in Nursing. Ethics regards standards of moral judgement and professional conduct. Final year JINSAR 2. i These duties are supplemented by the principles of beneficence, meaning promoting or doing, good and acting in patients’ best interests, and non-maleficence, meaning to avoid harm. The Department of Health issued a Health Service Circular 219.99, which mandated some, requirements of a new nursing education programme. 1989 words (8 pages) Essay. Respondents cited the following as their most frequently experienced dilemmas: Other responses include breaches of confidentiality, conflicts of … 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. This lesson will introduce you to the basic legal concepts and terminology of today's professional nursing. 1. becoming aware of personal values and ethical aspects of nursing 2. becoming familiar with nursing code of ethics 3. seeking continuing education to remain knowledgeable about ethical issues in nursing 4. respecting the values, opinions, and responsibilities of other health care professionals 5. participating in or establishing ethic rounds “Autonomy is a concept found in moral, political, and bioethical philosophy” (Autonomy: 2010, July). 11/10/2017. Reference this. 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.xxx… 238–239) Nurses began to place emphasis on particular ethical issues that stemmed from complicated bioethics, such as pain and suffering, relationships, and advo-cacy. A comprehensive understanding of current legal and ethical frameworks facilitates the delivery of appropriate skilled nursing care. No plagiarism, guaranteed! Ethics is defined as the branch of philosophy that addresses questions about morality, that is, concepts such as good and evil, right and wrong, justice, virtue, etc. 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. clinic to ensure they can apply principles of health care and ethics. Under no circumstances should the nurse carry out the order without clarification. If he is given an unknown medication without his consent, it comes against legal issues and can cause legal implications. 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. Jack's prognosis is poor, and he is not expected to live past two weeks of age. Examples of A.D.A. 75). 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. 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. Company Registration No: 4964706. 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. Because nursing home care is complicated by numerous regulations and because nursing home residents have complex medical and social problems, some issues are unique to the long-term care setting and others present in unfamiliar ways. 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 of time and resources According to nursing council of New Zealand, nursing profession is bounded by its own code of ethics. Free resources to assist you with your nursing studies! While the industry has changed in recent years due to modern healthcare, some ethical issues remain the same. Many Americans consider nursing to be the most honest and ethical of all professions. Edition 3. The nurse has a duty to prevent the patient from anything worse happening to the patient but if the patient is not mentally ill, he/ she should have full right to take any decision for them. Autonomy has two aspects, one from the nurse’s view and another one from patient’s perspective, so n this essay we will discuss autonomy issues from perspectives of nurse and the patient. This paper will explore the ethical and legal issues encountered by nurses in two case studies. 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. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. According to the New Zealand legislation, this action of nurses comes against The Human Rights Act 1993, which states that every individual has a right to know the truth. Justice Rose stated: ‘the public in general and patients in, particular are entitled to expect hospital records to be confidential, and it is not for any individual to take it upon himself or herself to breach that. Nursing Essay In some circumstances, complying with requests for confidentiality may be detrimental to the patient – which is the best interest, principle and nonmaleficence conflicting with the right to autonomy.xxvi The nurses must, carefully assess the possible consequences of breaching confidentiality, considering the risk of harm of not breaching which must be significant to justify, ignoring the concept of autonomy. While legal and financial issues are routinely discussed, ethical issues are not. 11th Feb 2020 Reference this. Nurses are influenced by professional, personal, cultural, social, and political factors. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. development, and healthcare specialties. This is the good point of this scenario according to the nurse’s perspective as the nurse would always work for the better health of the patient which can only become positive results for them instead of them being dependent on any medication. Discuss in detail about patient right, consumer protection act and rights of special group. As a nurse, she needs to have courage, honesty and should maintain the advocacy role. Physicians who provide care for nursing home residents are regularly challenged by ethical and legal issues. These duties are professional and legal in New Zealand and even all over the world which when breached can lead to legal implications. Many nurses do not have formal education in legal and ethical issues, and as such as often unqualified to address. Available at: http://www.gmc-uk.org/publications/standards_guidance_for_doctors.asp [1November 2014]. These codes used in this scenario actually mean that a nurse should acknowledge and allows the individuality of a person, should act in a culturally safe manner, should use knowledge and skills for the benefit of the patients, nurse is responsible for maintain standards in her professional practice and should practice in her own scope of practice. So in this scenario, according to the right of autonomy based on standards of ethics, nurses should respect the patient’s decision and should respect of what they want. Legal and Ethical Issues in Nursing. Ethical Issues. This is the only current text to critically examine the vast array of legal and ethical matters confronting nursing faculty in classroom and clinical settings. The following are several common ethical dilemmas that nurses face while on the job. these questions when they arise in the medical environment.xxxix While there are legal, ethical and professional guidelines which mandate the conduct of professionals, it does require education in the area and an ability to be aware of the, risks of any personal decision made regarding a patient. Ethical and Legal Issues in Nursing are applicable for any nurse, from beginner to expert. The consideration of legal and ethical issues is very significant in every profession. While the public had an interest in publication of the matter, it was held that it did not outweigh the, right to confidentiality in the medical context, in particular regarding an AIDs patient. In the Nursing and Midwifery Order 2001, the Nursing and Midwifery Council (NMC) must establish minimum, standards and requirements for nursing education in professional and ethical issues.iv The NMC, is an organisation established by parliament to protect the public and regulates the medical and nursing professional standards using the Register of, Medical Practitioners (RMP). Clinical Ethics Support in the UK: A review of the current position and likely development. 75). Ethical and Legal Issues in Nursing Essay. 13th Jun 2017 Nursing Reference this Disclaimer: This work has been submitted by a university student. This is a duty of confidentiality, to not give information about the patient to others without, consent. A recent example is the event at the Moffitt Cancer Centre, after it came to light that a research, study falsified patient consent.xxix Hundreds of documents were fraudulently produced during, a cancer research study, which breaches the duty of a nurse to obtain an informed consent signature before conducting a procedure. Registered Data Controller No: Z1821391. Accommodations in Nursing Education •BSN Student totally “wheelchair You can view samples of our professional work here. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of NursingAnswers.net. xxxvii Further, when acting under necessity, the nurse must prove she did no more than was, immediately necessary and in the patient’s best interests.xxxviii The question of what. you may add on to this.. The nursing practice is expected to comply at an individual level with these guidelines on a daily basis. Nurses are highly accountable to patients, the … PRESENTED BY: S. LINDA M.Sc. Law is the result of the minimum level of shared values or ethics of a community of people. Yet, given their position within the hierarchy of the medical institution, nurses also face some nursing-specific challenges in providing medical care. xxxiii Kleiman, S. (2007). Sometimes, according to a nurse, it can be effective for a patient not being informed about the medication, to get positive outcomes for patient’s health. This is our group presentation for our Trends and Transitions class, the last class in the Nursing Program. In this case Mr. S is making constant requests for having 40mgs of morphine which is prescribed to him every 4hours PRN. The law of informed consent underlies, the ethical notion of autonomy, outlining the minimum standard of behaviour accepted by the community. These duties are ethical duties as well because ethical considerations arise when these duties are breached, considerations such as when can these duties be contemplated, so there for these duties are ethical duties as well. Nurses should provide proper education to the patient and should inform about the consequences of having morphine repeatedly so that the patient can chose the best possible intervention for him. Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of NursingAnswers.net. ‘Applying the Four-Principle Approach’. “The justification for giving placebos is that in the judgement of the giver, the act is beneficial to the patient” (Rumbold. Doctors think that the patient has become dependent on morphine so the doctors prescribe him for a placebo of normal saline instead. 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. Hospitals should also have legal and cybersecurity professionals provide accountability and review. circumstances is integral in enabling nurses to perform their roles following ethical standards. Palgrave MacMillan: London, p. 31. ii Gordon, J., Rauprich, O. 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. Ethical Issues. SAGE Publications, p. 9. x Nursing and Midwifery Council 2010, p. 15. xi United Kingdom Central Council for Nursing, Midwifery, and Health Visiting (UKCC) (1992). Here are the 10 most common ethical issues in nursing today. Nursing care plan Sample assignments: Here are certain nursing care plan samples which can help the students in writing the legal and ethical issues assignments which are the major part of academic nursing curriculum. It is under Human Right Act of 1993 which when applied ensures that a person has a right to decide what they want without any interference of any other person. The patient also has the right to have the informed consent about any medication which is prescribed to him. Introduction. In this scenario, the patient is unknown of the fact that he has been administered for a saline instead of morphine. As members of the health-care community, nurses experience many legal, ethical and professional issues similar to other health-care workers. In this scenario, it is very critical to decide that if the patient has become dependent on morphine or is it the doctor who thinks the patient has become dependent, being a registered nurse; one should maintain the autonomy of the patient keeping the standards of health care provided to the patient. xvii Nurses require a sound understanding of the associated ethical and legal principles in, order to make such a judgment, and this is best understood by implementing stringent teaching and education procedures prior to practicing in a health. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. Many of these ethical issues involve a little common sense on your part, but it is always good to know your limitations for your place of employment. He also states that the morphine is not actually relieving his pain and after three hours of having morphine he asks for another dose. Several experts on clinical ethics provide their insights. 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, 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. Examples are unsafe nurse-to-patient ratio, nonresponse by a physician, inappropriate medication orders and refusal of lifesaving treatment by a competent adult patient. This point has both positive and negative impacts on the patient and on the health practitioners and the nurses. •What are the current legal and ethical issues with the use of standardized and high stakes testing? 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]). Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or simple procedures requiring consent. Nurses with more training, education, development and experience than physicians are supposed to follow the orders of physicians who may be misinformed or inexperienced. ix, However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for, practitioners. 11th Feb 2020 Nursing Essay Reference this Tags: nursing. 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. Legal & Ethical Issues that Health Care Professionals Face. Nursing and Midwifery Council, London, p. 17. v Nursing and Midwifery Council 2010, p. 18. vi General Medical Council. These issues affect both patient care and a nurse' sjob satisfaction and mental well-being. There, are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Ethical and Legal Issues in nursing Essay April 26, 2019 April 26, 2019 student approvedscholars The nursing regulatory body, the Nursing and Midwifery Council requires all registered nurses to have an understanding of the ethical and legal principles which underpin all aspects of nursing practice(NMC,2010). This is also according to Health Practitioners Competence Assurance Act 2003 that the patient should be safe.”The Health Practitioners Competence Assurance Act 2003 provides a framework for the regulation of health practitioners in order to protect the public where there is a risk of harm from the practice of the profession” (Ministry of health: 2010). The most common reaction to a perceived breach of ethical standards in the health profession is an action in negligence and malpractice, being the act or, omission or commission made by the nurse or doctor.xx It requires four elements: duty, being, a legal obligation owed to the patient – nurses must provide the degree of care reasonably exercised by other nurses in that practice area. There is a case study which is concerning about issues in autonomy of patients which is mainly focused on nurses perception of patient’s autonomy and category of regaining autonomy in patients. 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. *You can also browse our support articles here >. This ethical tight-rope is walked by nursing professionals on a daily basis; how they handle these ethical dilemmas will vary. These principles include beneficence which is doing no harm to the patient, maleficence which is doing harm to a patient for positive outcome, justice in allocating care based on need not status and patient autonomy which is respecting the patients right to make health decisions. The following are several common ethical dilemmas that nurses face while on the job. Professional ethics involves the use of reasonable and regular communication, information, medical skills, emotions and doctrines in nursing practice. 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. These, circumstances are when there is a competing public interest, and the case went on to outline: ‘cases may arise in which disclosure in the public, interest may be justified, such as a situation in which the failure to disclosure appropriate information would expose the patient, or someone else, to a, risk of death or serious harm’ (at [25]). (2009). To function in this dual role, it is essential for the nurse to understand the legal foundation for nursing practice.…