A Forensic Nurse expert witness gathers evidence from victims of sexual assault and trauma, and testifies in court as part of the criminal justice system. No plagiarism, guaranteed! 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 Academy of Medical-Surgical Nurses (AMSN) is a specialty nursing organization dedicated to nurturing medical-surgical nurses as they advance their careers. The Core Ethical Principles of Nursing Even when laws and medical practices change, the fundamental ethical principles of the nursing profession stand firm. The nurse should consider patient’s autonomy before administering morphine. 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 clinic to ensure they can apply principles of health care and ethics. 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. 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. The NMC (2008) provides strict guidance about the nursing practitioners code of practice and the accountability that members of the profession should have towards patients in their care; it is in light of this that nursing professionals have a responsi… Looking for a flexible role? • Ethics is the attempt to identify norms or standards of right or good behaviour. (Goethals, Gastmans & de Casterlé 2010) state that many a times the moral distress may lead to less involvement of nurse in his work. Standard of Care 5. 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. (Carlson et al. “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. A number of medical professionals from different fields of medical sciences are constantly working on developing and designing new measures to provide the best palliative care to the patients who are suffering from serious illness. Registered Data Controller No: Z1821391. Burns. An immigration lawyer may work for the government, a law firm, a community-based organization, or in-house for a company employing immigrants. When the medical practitioners communicate with the patients, being honest is a fundamental way to develop trust and respect for the patient. Introduction. 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. In such a situation, palliative care specialists can be proved quite helpful as they can provide resources to help the patient and his family deal with emotions that come with a serious illness. The NMC’s ‘Code of Professional Conduct: Standards for conduct, performance and ethics’ is widely adhered to in the profession. Some are rooted in time and will never change, while others are brought about by new changes in technology. Download a PDF copy of this Fact sheet - Advanced nursing practice and specialty areas within nursing - May 2020 (139 KB,PDF). It is also encouraged that in case of a dilemma a professional should seek help from their regulatory body or councils which can guide them towards a legally and ethically rightful path Hui, (2010, p.76). 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. According to Criminal Code (Palliative Care) Amendment Bill 2003. The Academy of Medical-Surgical Nurses (AMSN) is a specialty nursing organization dedicated to nurturing medical-surgical nurses as they advance their careers. *You can also browse our support articles here >. It is a legal right of every Australian citizen to have complete and correct information about their medical situation. Legal, Ethical and Professional Issues in Nursing. According to the constitution of Australia, it is not at all acceptable to claim the life of a person for any medical reason and direct any medications without his consent. Ethical issues in nursing contain all the tough decisions the healthcare profession faces each day in caring for society. Nurse educators teach people to become nurses. xxi The patient must have suffered bodily, economic, or emotional injury. order and interpret diagnostic tests and initiate and manage treatments—including prescribe medications—under the exclusive licensure authority of the state board of nursing 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. 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. Because of this entitlement professionals delivering palliative care and family members of the patient involves in legal and ethical dilemma. Autonomy– The main principle of autonomy is that the patient should have adequate information about his condition so as to make a significant choice of treatment (Moulton & King 2010). Their duties may include reviewing and summarizing medical records, serving as expert witnesses, investigating patient claims, auditing medical bills, and more. You can review professional standards by visiting the websites of accredited organizations such as the American Heart Association, the American Nurses Association, The Joint Commission, and the American Association of Critical-Care Nurses, as well as state and national regulatory agencies such as your state's board of nursing. The law provides a framework for establishing nursing actions in the care of clients. Studies show that more nurses are being sued for on-the-job behaviors and actions than ever before. This creates a problem for nurses and the ethical questions about who to protect. She has worked as an in-patient charge nurse, clinical research coordinator doing research for pharmaceutical companies, and has served as the RN-case manager for Great Plains Home Health and Asera Care Hospice serving central Nebraska. Legal Specialty Areas: As you look for a job, you need to be extremely familiar with different legal specialty areas. Legal Cases Focused on High-Stakes Testing •Initial court cases dealing with high stakes testing sided with the students. Online Journal of Issues in Nursing. Study for free with our range of university lectures! No state or federal laws prohibit an NP from practicing in a specialty area. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. 2, Manuscript 5. There is a range of statutes impacting health care in the UK, as well as international standards. Telling truth is not harmful for patient it will cause the peaceful death(O’Sullivan 2009). Advanced practice. 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. Words like 'liability', 'negligence' and 'malpractice' probably never entered your mind. Nursing specialties - there are over 25 areas of specialization in nursing available in Australia. 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. This is not an example of the work produced by our Essay Writing Service. Ethics regards standards of moral judgement and professional conduct. 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. Chemical Dependency 3. Legal issues in nursing documentation regarding medication records and medication errors are common. 1.156 Issues in Mental Health Nursing. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below … Case law is the second branch monitoring ethical standards in nursing and the medical profession. 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. 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. 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. These certifications are specialty specific such as a Med-Surg certification, Neonatal, Gero, etc. Ethics regards standards of moral judgement and professional conduct. Advanced practice. Reference this. Our legal framework; As the independent regulator for nurses, midwives and nursing associates, what we do is set out by legislation. 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. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Legal issues and regulations play a dominant role in nursing practice today. Whether court sides with students or nursing programs depends on various factors 11/10/2017 Legal nurse consultants are valuable in that they bring clinical experience, medical education, and a scientific background to the legal arena, assisting attorneys in the litigation process. Johnstone (2011, p 21) says that nursing professional is very uncertain. With an adult patient it is relatively important to understand the concept of death and disease and they can take a realistic approach towards it by spending their remaining time in a productive manner saying good bye to dear ones and taking care of all formalities before meeting a demises. Patients need a palliative care to support their long and slow treatment procedure Tang, (2006, p. 360). 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). Please refer to an authoritative source if you require up-to-date information on any health or medical issue. It should be the duty of every medical professional that in any situation he should not break any of the legal obligations. 27th Nov 2017 The ANA also publishes separate ethics guides for different specialties and controversial areas, such as the ethics involved in end of life decision making. How do effective nurse leaders and others approach problem solving and decision making in organizations. It begins by highlighting that the Nursing and Midwifery Council’s Code, which sets out the standard for professional practice, is under- pinned by the law. Legal issues in nursing practice 1. Tuckett suggests that it is necessary to understand the mental state of the patient before passing on the entire information to him. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Unauthorised administration of medical treatment would be assault”. Issues in Nursing Vol. A. The nursing practice is expected to comply at an individual level with these guidelines on a daily basis. TPAPN 6. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. ANA remains committed to fighting barriers to nursing practice, to ensure that nurses may practice to the full extent of their expertise and education. Rural nursing At the end of 2013, 80% of hospitals and 50% of healthcare providers implemented EHRs.1 But, the … 3, Manuscript 3. Sh… According to Criminal Code (Palliative Care) Amendment Bill 2003, “Section 282A does not address consent. The nurse should properly converse with the patient and make sure that the patient is well aware of all available treatment options (Johnstone 2011). You can view samples of our professional work here. It is focused on providing comfort and relief from the pain and the other distressing symptoms of a serious illness. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. These include the Abortion Act 1967, the Mental Health Act 1983, theData Protection Act 1998, The Children Act 1989, various Acts relevant only in Scotland, and guidance such as the Guidance for Access to Health Records Requests provided by the Department of Health. 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 . Law handbook Victoria recognizes another law governing certain aspect of hospital care and ethical issue. 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. This result in deteriorating in her physical health and she may ask question about her situation and prognosis of the disease. Ethics regards standards of moral judgement and professional conduct. 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. “Section 282A does not address consent. 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. If by family here it is implied that her legal guardian wishes to keep this information hidden from the patient, then according to Giacalone (2007, p.368) the nurse is not legally bound to honour their desires to do so would run counter to the law etc. i These duties are supplemented by … 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. The law provides a framework for establishing nursing actions in the care of clients. Immigration law practice areas include: Asylum/refugee law It is totally unfair to withhold the truth from the patient about his existing health conditions, especially when the patient is capable enough to give the consent about various medications and procedures. Many types of complex situations are often faced by several nurses throughout their professional life. 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. Tingle and Cribb (2002) identify that one of the key areas that highlights the development and maturing of nursing practice within recent years is that there is more of a focus on developing nurses understanding and knowledge surrounding the concept of ethics and law. “Patients and families from diverse communities have different beliefs about autonomy and may not envision disclosure of information in the same way as their health care providers. Excerpts written by Shelda L. Hudson, RN, BSN, PHN. Fundamental Aspects of Legal, Ethical and Professional Issues in Nursing 2nd Edition (Fundamental Aspects of Nursing) by Sally Carvalho and Maggie Reeves | 18 Jul 2012 4.8 out of 5 stars 5 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. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Choose from a wide range of academic writing tasks and get the one you need. 2019 Impact Factor. A legal nurse consultant is a nurse who works as an expert on cases involving medical issues. 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. Our legislation. Citation: Hutcherson, Carolyn M. (September 30, 2001). There is a wide range of speciality fields available for nurses and midwives to work in. 1.156 professional and legal issues underpin nursing practice. A. 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. Decision making is also “family centered” so withholding truth is not rare practice. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below approved by the NMBA in August 2019. Since 1997, allnurses is trusted by nurses around the globe. This essay may contain factual inaccuracies or out of date material. Where they are not sure which course of action would be appropriate in both ethical as well as legal manner. The neonatal period is defined as the first month of … But, sometimes a situation arises when the physician thinks that disclosure would create a harmful effect on the patient and it may be validated to hold back the truthful information in that case. 2008). Our academic experts are ready and waiting to assist with any writing project you may have. principles of distributive justice). The nurse is always in dilemma whether she should cooperate with the family or not. Due to these legal issues and emotional disturbances families of the patient and patient itself undergo a lot of stress and psychological trauma. This regulation ensures that dignity and privacy of the patient is maintained and there is no legal or ethical negligence from the doctor in the entire transaction Vickers, (2004, p.232). Legal issues in nursing practice 1. 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. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. 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. The demand for nurses is continually growing, and the nursing career path offers many worthwhile benefits such as strong salaries, numerous opportunities, and a feeling of fulfillment. 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. (ACMA 2011). 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. Negligence claims, products liability issues, defamation, and intentional torts make up the basis for most disputes arising in this specialty area. legal and ethical issues in nursing, patient care technicians, social workers, and office personal. 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. Criminal Conduct 4. 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. 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. Immigration law focuses on the legal issues and policies relating to immigrants who come to the United States on a temporary or permanent basis. There are three major sources of primary legal material, as follows. 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. VAT Registration No: 842417633. Given that the duty of confidentiality is a combined public interest and individual interest assessment, the judicial system does not provide ample guidance. Ethics and legal implications are very closely related with each other. 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. 2010). The family also desires that the nurse should not tell the patient about the medications prescribed to him. We're here to answer any questions you have about our services. B.American Nurses Association: “The practice of nursing means the performance for compensation of professional … Trusts & Estates Law: This practice area is unique in that it brings the practitioner in close contact with the personal lives of clients. Log in | Register Cart. 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. Our order and rules. 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. 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. 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 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. provides indexing for law reviews, legal newspapers, specialty publications, Bar Association journals, and international legal journals. Research Nurses who responsible for conducting research and apply the findings into practice. 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). Ambulatory care nursing Evidence-based information on legal and ethical issues in nursing from hundreds of trustworthy sources for health and social care. 19, No. On the other hand, in these times the patients do want their physicians to tell them the truth about the diagnosis and the medical therapies. 1. “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.” (Collis 2006) suggested that before disclosing the information to family members it is must to seek the patient’s consent. Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. Correctional nursing specialists. Legal, Ethical and Professional Issues in Nursing. Examine medical malpractice cases and the impact on the nurse and the … Find out more below. sirI is a Senior Administrator for allnurses.com. 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. 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). In this case study patient is being denied of this right as well Hanson (2002). 1 … Available: www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/V… This will give you a detailed understanding of the law as it relates to nursing. 2011). It is a primary phenomena in resolving ethical dilemmas .It required to be supplemented by providing good care to health service user (Botes 2000).In order to apply justice health professionals provide care evenly to all the patients in hospital not patient and family. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. iThese d… In the past years, the physicians were very reluctant to tell the truth to their patients regarding their existing health conditions. Applicable for any nurse, from beginner to expert some requirements of a serious illness compensate. Harmful effects of concealing information e.g education programme 30, 2001 ) care and ethical dilemma which mandated requirements. As they advance their careers their patients regarding their existing health conditions that in situation! Effort of care and ethical dilemma midwives to work in are over 25 of... Isolated areas, professional and legal issues and policies relating to immigrants who come to the United on! Patients, the public, employers, and other agencies and slow treatment procedure Tang (... 21 ) says that nursing professional is very uncertain protect practitioners who breach confidentiality rules if legal issues in speciality areas in nursing was the..., trauma, med-legal consulting, forensics, and the ethical standards in nursing Vol and families! Decide their medical care the patient ’ s consent the team includes,. Ethical dilemmas but the ways in which technology exists and contributes to healthcare is … Correctional nursing.... 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Circumstances is integral in enabling nurses to perform their roles following ethical legal issues in speciality areas in nursing Collis 2006 ) that... In Mental health professionals if needed ( Bush & Bruni 2008 ) Even! An NP from practicing in a broad range of settings patient will consent to their medical situation must.