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. The ANA Code of Ethics provides a standard by which nurse managers can assess ethical issues in nursing. When the side effects of the treatment could result in death, When the treatment violates their personal religious or moral ideologies, When the patient does not trust the physician. there was a failure to meet a duty, there was foreseeable harm, an injury occurred. What are the three main components to a law as pertains to the nursing profession? Guidelines. Conflicts between personal moral beliefs and codes of professional ethics may pose dilemmas for nurses, as may conflicts with other health care disciplines. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. © copyright 2003-2020 Study.com. Contract between the service provider and those getting services to make sure that every aspect of the services received is up to their standards. You can view your scores and the answers to all the questions by clicking on the SHOW RESULT red button at the end of the questions. SPECIFIC OBJECTIVES The students will be able to; Describe code of ethics, professional conduct, and legal system, ethical and legal issues in nursing. lack of duty, failure to meet this duty, unknown harm, and possible injury. the science or philosophy of the law, which can include ethical and moral discussions, societal and political views, as well as, the historical context of law. back Yes, you must keep her secret because you don't want to violate her trust or privacy. Ethical Issues Practice Tests Below are recent practice questions under UNIT VIII -LEGAL AND ETHICAL ISSUES IN NURSING . Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or It is a fact that nurses encounter many situations where their ethical codes are tested. View Ethical & Legal Implications in Nursing Practice student.pptx from PSYCH 2301 at Houston Community College. Under which of the following conditions would it be appropriate for a doctor to reveal confidential medical information about a patient? A guarantee that no one will know about your private health issues. A known duty, foreseeable harm, ethical and moral discussions, and historical context of injuries. Nurses often feel uncomfortable in addressing the ethical issues they encounter in patient care. You are given one minute per question. In contrast, the correctional nurse may face ethical situations daily. Sciences, Culinary Arts and Personal back Develop a guide for carrying out nursing responsibilities in a manner consistent with quality in nursing care and the ethical obligations of the profession. Make sure there was a document in place to support any disciplinary action that needed to be acted upon. Top 5 Ethical Issues in Nursing in 2019. Study more effectively: skip concepts you already know and focus on what you still need to learn. The ANA Code of Ethics is intended as an aid to these difficult decisions. appear. Make sure that nurses were legally covered in case of malpractice. appear. 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. The values associated with nursing practice include nurse advocacy, respect for humans and eliminating barriers to care. These principles serve as a guide to the nurse in making ethical decisions. — Mary V. Muse, MS, RN, CCHP-RN, CCHP-A, is the chief nursing officer for the Wisconsin Department of Corrections, Madison. Another area of ethical concern is the nurse’s responsibility for ensuring that patients have access to care. The nurse’s education, license and nursing standard provide the framework by which nurses … It is always appropriate for the nurse to follow up to evaluate the inmate’s response to the intervention. Informed consent is allowed between two adults over the age of consent by local jurisdiction who have discussed their health history in detail. on your results. 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. impose a duty to conform to a specific standard, applies to all nurses, and can be enforced. Ethical and Legal Issues in Nursing Essay. Professional ethics involves the use of reasonable and regular communication, information, medical skills, emotions and doctrines in nursing practice. The correctional nurse should not participate in executions. In a maximum of 300 words, post your response to the following: A co-worker nurse is admitted to your unit after a car accident. 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. an obligation that can only be enforced by civil penalty. the science of law which argues that ethical and moral discussions have no context to law. However, the way it addresses ethical dilemmas can vary in different situations. an obligation that can only be enforced by a one's employer. Veracity (telling the truth)6. 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 Participation in execution is inconsistent with nursing values. Discuss in detail about patient right, consumer protection act and rights of special group. Justice (fairness, equitability, truthfulness)5. 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 the patient's initial decision may do more medical harm than good, When the physician is better educated than the patient, Never; patients, or their legal guardians, always have the right to make their own treatment decisions, When the patient is intoxicated or has suffered a brain injury. • Harm can mean deliberate harm, risk of harm, and unintentional harm. 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. What is the purpose of the Good Samaritan law? What are the four elements to negligence? (Finkelman & Kenner, 2016, p. 174). Nurses are having more and more difficulty distinguishing between ethical and legal aspects of nursing practice as health care becomes more and more complex. Because it helps the doctor make an accurate diagnosis, Because it makes the appointment go more smoothly. For correspondence about this column, write to editor@ncchc.org. Good luck! When do patients have the right to refuse a medical treatment? All rights reserved. Some of the basic elements concerned to the nursing profession are discussed below by our experts providing help in legal and ethical issues in nursing. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. The nursing ethics foundation centres on the fundamental components of nursing care. If the communication is from the officer to the nurse, the nurse has a responsibility to speak to the inmate. Premium members get access to this practice exam along with our entire library of lessons taught by subject matter experts. Click it to see your results. Moral obligation for both parties involved to remain as one unit until both parties mutually agree to separate. to them later with the "Go To First Skipped Question" button. Code of ethics defines the moral principles that govern how you practice nursing and is the foundation on which nursing is built. You can skip questions if you would like and come When was the most recent draft of the Code of Ethics for Nurses finalized by the American Nurses Association House of Delegates? 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. Fidelity (remaining faithful to one’s commitment). 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. Discuss the … We'll review your answers and create a … She asks you to go for a walk with her and then confides in you that she wants to start taking birth control pills but does not want her parents to know she is sexually active. 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. Contact us by phone at (877) 266-4919, or by mail at 100 View Street #202, Mountain View, CA 94041. By Moira K. McGhee. Both are members of the CCHP-RN task force. Identify various patient care, employment and administrative level issues. Respect for persons (autonomy and self-determination)2. Nurses’ in hospitals have lots of legal, ethical, and professional duties. Binding legal document to protect all involved within the service agreement. When a nurse’s practice falls below acceptable standards of care and competence, this exposes the nurse to litigation. No, she is under 18 so you must tell her parents of her health issues. Informed consent is when the doctor informs the patient of the recommended plan of care and the patient agrees. Are you obligated to keep her secret? Ethical ConcernsFor the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. an obligation that can be enforced by law. a known duty, failure to meet this duty, foreseeable harm, and an injury must have occurred. When you have completed the practice exam, a green submit button will impose a duty to conform to a specific standard, applies to specific professionals, and can be enforced. Before a medical procedure takes place, it is the nurse’s responsibility to obtain informed consent. Which of the following are patient protection measures? Answer: B. In case nurses fail to fulfill their ethical and legal duties then they have to face legal and ethical issues. In the correctional setting, the patient is at the core of professional nursing practice. Inmates have several ways to access health care, such as by submitting a request slip or form. 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. 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. The patient is diagnosed with the common cold. You can skip questions if you would like and come lacking the ability, knowledge, or qualification to complete a required task. Choose your answers to the questions and click 'Next' to see the next set of questions. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. [Editor’s note: Both ANA books are available in NCCHC's catalog.]. 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. Regardless of the method, the nurse has a legal and ethical obligation to respond to the request for care. Ethical & Legal Implications in Nursing Practice P R E S E N T E D B Y: K E L L I … Nurses need to fully know their duties and contents and incorporate them as a framework for their professional work. Correctional nursing allows the nurse to practice the essence of nursing while recognizing that all patients have intrinsic value. 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. To whom does the Good Samaritan law apply? Which of the nine provisions within the Code of Ethics for Nurses is considered the most vital? an obligation that cannot be enforced but is a duty of all citizens. Finally, professional practice is an area that can create ethical concerns for correctional nurses. Topics: Nursing Jurisprudence, Ethical Considerations, Legal Considerations. Even when medical and law practice change, the basic nursing ethical principles remain firm. Read each question carefully and choose the best answer. Title: Ethical and Legal Issues in Nursing Practice. Spend your time wisely! Click it to see your results. I recently had a bilateral mastectomy and breast reconstruction at a major Boston hospital. Agreement between those being served and those who are doing the serving to maintain a high standard of care. The correctional nurse is in a unique position to evaluate the quality and effectiveness of patient care. The patient's spouse is waiting in the room when the doctor makes rounds and has questions. A complete guide to applying the law and ethics in nursing, across settings Useful as both a learning tool and a professional resource, Pearson eText for Legal and Ethical Issues in Nursing is a comprehensive review of legal and ethical issues for nurses at all levels of education and licensure — and in all clinical settings. ], Back to Correctional Nursing Practice Series, Call for Proposals 2021 Correctional Mental Health Care Conference, COVID-19 Coronavirus: What You Need to Know in Corrections, Guidelines, Management Tools, White Papers, Study of COVID-19 in Correctional Facilities, The Health Status of Soon-to-Be-Released Inmates, Health Care Professional Certification (CCHP). People who have sustained major medical injuries, Any person who is talking to any other person about personal medical issues, People who have been formally admitted to a hospital, Anyone being evaluated by a healthcare professional. All other trademarks and copyrights are the property of their respective owners. The Health Information Portability and Accountability Act of 1996. 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. In general, the nurse should see the patient to evaluate health needs and determine the level of care required. 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. We'll review your answers and create a Test Prep Plan for you based All of these are equally important parts of consent. In some prisons, nurse participation in execution may arise as an ethical issue. Understanding the purpose of the proposed treatment, Understanding viable alternatives to the treatment, Understanding what exactly the proposed treatment entails, including the risks, Understanding the physician's personal, moral feelings on a treatment. One of the common ethical concerns that arises for the correctional nurse relates to demonstrating caring in a custody environment. The correctional nurse makes ethical decisions about care delivery, caring and patient advocacy in planning and providing safe patient care. Informed consent is an agreement that is given by uniformed public servants. Compounding this, inmate-patients encounter nurses more than any other type of health care provider. In the practice of nursing, legal and ethical issues often arise, and the nurse must understand them and take appropriate steps to address them. 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. Every patient has… Informed consent means that the patient has all the information needed to make a decision that is right for him or her. An agreement of how much the nursing staff will be paid for their service. Take this practice test to check your existing knowledge of the course material. The mission of nurses is to provide health care of … She knows that you work in a hospital, so she asks you if you can help her get on the pill. A nurse's primary commitment is to_____, according to Provision 2. to them later with the "Go To First Skipped Question" button. Ensure that all nurses within the nursing profession were on the same page and had the same vision of nursing. Earn Transferable Credit & Get your Degree. Based on the information provided, the nurse must determine the type and level of nursing intervention required, and then implement an action. Education plays a key role in understanding these matters, as well as the knowledge of legal concepts like licensing. a known duty, the duty has been met, possible harm, and unknown injury to a person. as the omission or commission of an act which causes injury to a person. Legal and Ethical Issues in Nursing Explained. The code delineates the ethical standards for nurses across all settings, levels and roles, setting expectations as well as providing guidance. 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 column appeared in the Winter 2011 issue of CorrectCare. What is the name of the federal law that addresses privacy of patient health information? This paper will explore the ethical and legal issues encountered by nurses in … Due to rapid advances in medical practices and technologies, nurses and other healthcare professionals often face the challenge making decisions where lawmakers and the court have not established laws for new procedures and practices. Beneficence (doing good)3. 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. 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… Therefore, it is very much important for students to do … Introduction. When you have completed the practice exam, a green submit button will A research project that included treating all the white men and not treating all the black … The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. The correctional nurse can find support for ethical decisions by referring to the American Nurses Association’s code of ethics. as an obligation that can be enforced by law. Legal & Ethical Issues in Nursing Chapter Exam Take this practice test to check your existing knowledge of the course material. He or she works with custody to ensure that the health needs of inmates are respected and responded to in a timely manner. The belief that what you tell the doctor will stay private. Nurses must know the legal & ethical issues regarding patient care. The nurse wanted me up and walking after the surgery (“Promoting Nursing Students’ Ethical Development in the Clinical Setting,” Teaching for Practice, November 2017). Aim: This paper is a report of a study of the type, frequency, and level of stress of ethical issues encountered by nurses in their everyday practice. as the improper or inappropriate care of a person. 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. Explain nursing regulatory mechanism and medico legal case. The patient's son calls from out of state to ask how the patient is doing. There are six ethical principles that arise frequently for the nurse who works in the correctional setting. Acts of omission and commission will also subject the nurse to litigation and professional license review. This seminar will provide insight into foundational principles and concepts that drive ethical practice and conduct. This position is supported by the ANA’s code of ethics and NCCHC‘sStandards for Health Services in Prisons (standard P-I-07). Based on your results, we'll create a customized Test Prep Plan just for you! Why is doctor-patient confidentiality important? Ethical and Legal Issues in Nursing Nonmaleficence Nonmaleficence : means the “duty to do no harm.” • This is the basic of most codes of nursing ethics. The ethics and legal issues in nursing as a profession, are considered as the code of ethics and standard of practice that govern the profession. 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