Above all, the best way for the nurse to avoid a lawsuit is to be aware of the standards of nursing practice and follow them by heart. (2016). It is a medical case with legal implications for the attending doctor where the attending doctor, after eliciting history and . By understanding the ethical-legal issues of nursing, they can protect themselves as well as their patients and employers from potentially severe consequences. These five legal issues in nursing are liable to registered nurses working in any healthcare setting: Negligence or Malpractice Patient confidentiality Defamation Battery Mandatory reporting Negligence or Malpractice As the name shows negligence is referred to; Overlooking or lacking in due care Carelessness Deviation from the set standard of care This principle is as equally important as the principle of Autonomy, Beneficence and non-maleficence are. Privacy Policy | Site Map | Course Login | Contact Us. Unaware nurses may have to face significant ramifications. Ethics. Kapp notes that there are also deleterious mental and emotional effects to being restrained. Shortage of nurses. In the case scenario, RN touched the patient even after she refused to let her touch. These injuries occur when patients fight against the restraints, try to overcome them (such as by climbing out of a bed with side rails) or when they contract infections from being immobilized for long periods, or, tragically, suffocate or strangle when restraints are improperly applied or neglected. In Legal and Ethical Issues in Nursing Seventh Edition Ginny Wacker Guido, JD, MSN, RN, FAAN Regional Director-Nursing and Assistant Dean, (retired) College of Nursing Washington State University Vancouver Vancouver, Washington 330 Hudson Street, NY NY 10013 A01_GUID1233_07_SE_FM.indd 1 11/10/18 6:18 PM. The NCLEX Exam: Legal and Ethical Considerations includes 65 multiple choice questions in 2 sections. Differentiate among the three major categories of law on which nursing practice is established and governed. Leaving a foreign object in a patients body during surgery, ie: errors in sponge, instrument or needle count in surgical cases 3. Legal and ethical issues are prevalent in the health care industry, and in particular for the nursing practice, where nurses have daily individual contact. Advances in understanding of psychiatric conditions and developments in how nurses care for psychiatric patients result in changes in regulations, case law, and policies that govern nursing practice. In such cases, nurses are required to adhere to the key nursing ethical principles. Comparing the code with the scenario, RN did not follow the standard and guidelines of codes effectively. Tap here to review the details. The law is not clear-cut in many aspects relating to young people under 18 years: much is let to the judgement of the medical or health professional as to the maturity of the young person and their capacity to consent. Also, they are obliged to take into account all the possible values of their actions and the patient's well-being and health. Battery is associated with physical harassment or touching someone without their consent according to RegisteredNursing.org. Nurses must communicate with patients, co-workers, physicians and other healthcare professionals to successfully carry out their duties. By accepting, you agree to the updated privacy policy. His research showed that an important factor causing nursing home and hospital personnel to avoid the requirements of the law is under-staffing. Chapter 4: Legal Aspects of Nursing Bonnie M. Wivell, MS, RN, CNS * * * * * * * * * Put an Ethical Theory to Practice Ethical Theories Deontology: duty to do what is right Act: get facts & decide; same judgment in similar situations Rule: principles guide actions; "always keep a promise"; promise kept regardless of the change in circumstances Beneficence: do no harm Autonomy: make own . Safety in the workplace is a hot topic in nursing and will not change overnight. Proper planning based on assessment had to be done. Her action could risk the patient to the potential risk of falls or other injuries. This essay will also explain the code of ethics, code of conduct and ethical principle conflicts and elaborate on the possible actions that could be taken by the RN in providing care to Ms. Mavis. Articles that appear on this website are for information purposes only. Arts. BioMed Central. Nursing is an honorable and rewarding profession that allows you to serve humanity. Referring to the data submitted by 512 medical colleges in the country, the Apex medical education regulatory body, NMC has further revealed that 64 UG . But then, in a few recent cases, nurses have found themselves in front of criminal charges and even jail terms due to medication errors that have led to patient death. *You can also browse our support articles here >, https://books.google.com.au/books?hl=en&lr=&id=vG6CDAAAQBAJ&oi=fnd&pg=PP1&dq=autonomy+ethical+principles+in+nursing&ots=_JgdqZD0fi&sig=bijGcOa0aCwRfnlioVeba6Om22Q&redir_esc=y#v=onepage&q=autonomy%20ethical%20principles%20in%20nursing&f=false, https://doi.org/10.12968/bjon.2016.25.14.803, https://books.google.com.au/books?hl=en&lr=&id=SiElDwAAQBAJ&oi=fnd&pg=PP1&dq=autonomy+ethical+principles+in+nursing&ots=tGlpPDzFXr&sig=_8a7_NAUU8nvdV1lY394ljCvmU0&redir_esc=y#v=onepage&q=autonomy%20ethical%20principles%20in%20nursing&f=false, https://www.ncbi.nlm.nih.gov/books/NBK526054/, https://web.a.ebscohost.com/ehost/pdfviewer/pdfviewer?vid=1&sid=b62f8380-9f8f-4cc5-9023-2ec5e85ef1cd%40sessionmgr4006, https://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Professional-standards.aspx, https://web.a.ebscohost.com/ehost/pdfviewer/pdfviewer?vid=1&sid=5fbe029d-b506-41ba-af91-be3fdf16315b%40sessionmgr4008. Final year Consulted ethical problems of clinical nursing practice: perspectice of faculty members in Japan. The Health Consequences of Using Physical Restraints in Nursing. (12 contact hours) Expiration Date (Next date of course revision): 11/01/2024 Sharing significant information with the patient can help decrease errors. Should I Carry My Own Malpractice Insurance? Nurses should stay informed on current medical care laws given the scope and gravity of potential legal issues that can arise. The Code of Ethics for Nurses serves the following purposes: It is a succinct statement of the ethical values, obligations, duties, and professional ideals of nurses individually and collectively. While nursing is a rewarding career, providing care to others brings its own share of liability issues. Nursing Ethics takes a practical approach to this complex subject and relates each topic to the working environment. The nurse must ensure to create a safe environment to eliminate or minimize the harm to the patient (Hain, Diaz & Paixao, 2016). Medicolegal principles underpin every move a clinician makes. From a legal aspect, any harm or injury to the patient while providing care is the illegal act or against the law (Doody & Noonam, 2016). Use of physical restraints and antipsychotic medicines in nursing homes: a cross-national study. This will also minimize and eliminate the occurrence of concerns, issues, conflicts, negligence, and malpractices. legal status and their stage of development. Legal / Ethical | Nursing Practices The Importance of Diversity in Nursing Diversity in nursing is an important concept for any healthcare organization to focus on. You can face serious consequences such as; and cancellation. Legal nurse consultants are Registered Nurses that provide invaluable consultation and expertise to attorneys about medical issues. Nurses and other professionals engaged in healthcare generally practice in such an environment which is getting advance in terms of technology, the pressure to cover costs and advances in medical science. The law, which was implemented by 1991, also mandated that physical restraints could only be used when required to treat medical symptoms. guidelines in the United States of America. What are the Legal and Ethical Issues in Nursing? The nurse should see to it that all pieces of equipment are recurrently inspected, maintained, and are functioning suitably. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. Nurses are required to make an ethical decision that might raise ethical dilemmas. Veracity is related to the principle of Autonomy (Doody & Noonam, 2016). New Delhi: In the last five years, altogether 119 medical students committed suicide and 1,166 students left medical colleges and institutes, the National Medical Commission (NMC) revealed while replying to a Right to Information (RTI) query. These things happen through their mistake was unpremeditated. Negligence can sometimes be unintentional but malpractice is considered intentional. In some instances, practicing within an ethical environment is challenging. Abstract The fee includes tuition fees, teaching materials, board, and lodging. Medico-legal issues in casualty and Hosptial. To export a reference to this article please select a referencing stye below: Ethics regards standards of moral judgement and professional conduct. The valuable tips doled out, bring in the impeccable knowledge and vast practical experience of the authors and editorial team. 1. As shortages of doctors, nurses and other medical personnel grows with an expanding aged population, the use of restraints is an ethical issue that should be revisited often to protect the vulnerable elderly from violations of their civil and human rights and dignity. Nurse's level of knowledge, skill, registration license and nursing standard provide the framework for the nurse to practice as expected (Epstein & Turner, 2015). In addition, the nurse should also pay close attention to the concerns of the family members because they also are ones who often notice when a patient's condition has changed. Available at http://bmcnurs.biomedcentral.com/articles/10.1186/1472-6955-6-5. The Nursing Code of Ethics: Its Value, Its History. A Medico-Legal Case can be defined as a case of injury or ailment, etc., in which investigations by the law-enforcing agencies are essential to fix the responsibility regarding the causation of the injury or ailment. Interest in the moral and ethical issues arising from restraints burgeoned in the 1980s after studies showed widespread abuses. The ethical principle has a set of principles that are searched from shared or common morality. Because her behavior was unusual and seem to be aggressive, she could have lifted side rail of the patient's bed and let her relax until she settles down. The nurse should work hand in hand with the patient (and/or relatives) in order to achieve the goals set in the nursing care plan. M.Sc. Known as the Health Insurance Portability and Accountability Act, HIPAA went into effect in 1996 in an effort to standardize electronic health transactions and give patients greater control over their identifiable health information. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Instant access to millions of ebooks, audiobooks, magazines, podcasts and more. 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