examples of legal issues in nursing

Whether court sides with students or nursing programs depends on various factors 11/10/2017 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. a nurse can witness the client signing the informed consent. Introduction. legal and ethical issues in nursing, patient care technicians, social workers, and office personal. Nurse educators should maintain working relationships with students. 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. Practicing without a current and valid license is illegal and it amounts to pra… Both registered nurses and certified registered nurse anesthetists can inject a local anesthetic in most states, but only a CRNA can administer general anesthesia. Performing an abortion is legal but may not be considered ethical by other health care professionals or … It is always appropriate for the nurse to follow up to evaluate the inmate’s response to the intervention. Participation in execution is inconsistent with nursing values. But other seemingly minor problems may also have legal consequences. 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. Nurses cannot practice medicine and a nurse who performs a procedure that only physicians are licensed to perform can be sued as well as lose her nursing license. Examine medical malpractice cases and the impact on the nurse and the … (function(){ According to Felicia “Liz” Stokes, JD, RN, senior policy advisor at the … — Mary V. Muse, MS, RN, CCHP-RN, CCHP-A, is the chief nursing officer for the Wisconsin Department of Corrections, Madison. Legal & Ethical Issues that Health Care Professionals Face. 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. When a nurse’s practice falls below acceptable standards of care and competence, this exposes the nurse to litigation. S.E. 75). })(); © 2020 AIHCP. Finally, professional practice is an area that can create ethical concerns for correctional nurses. Be ever mindful when caring for all patients. •Period of time that courts generally sided with nursing programs regarding high-stakes testing •Now….. Acts of omission and commission will also subject the nurse to litigation and professional license review. Before a medical procedure takes place, it is the nurse’s responsibility to obtain informed consent. Regardless of the method, the nurse has a legal and ethical obligation to respond to the request for care. 1. An RN who gives a general anesthetic is acting illegally. Excerpts written by Shelda L. Hudson, RN, BSN, PHN. There are gradations of scope within nursing as well. Doing something outside of the nursing scope of practice is another serious legal issue. 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. Although there are similarities in nursing practice acts, each state has its own act, and the nurse should be familiar with all aspects of the nursing practice act in her state. Legally the client must be emotionally and mentally competent to sign consent. 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. [Editor’s note: Both ANA books are available in NCCHC's catalog.]. Many of the topics in the code of ethics carry over into nursing practice acts that provide specific direction about what constitutes legal practice. Correctional nurses can be especially vulnerable to litigation because the correctional patient population has a constitutional right to health care. This position is supported by the ANA’s code of ethics and NCCHC‘sStandards for Health Services in Prisons (standard P-I-07). Contemporary legal issues in the nursing profession that are faced by the nurses. Confidentiality is a very important issue in nursing. ], Back to Correctional Nursing Practice Series, COVID-19 Coronavirus: What You Need to Know in Corrections, Guidelines, Management Tools, White Papers, Ethical Issues in Inmate Lawsuits: Solutions to the Most Common Ethical Challenges, Study of COVID-19 in Correctional Facilities, The Health Status of Soon-to-Be-Released Inmates, Health Care Professional Certification (CCHP). One of the common ethical concerns that arises for the correctional nurse relates to demonstrating caring in a custody environment. Identify various patient care, employment and administrative level issues. Legal issues in nursing practice 1. Fidelity (remaining faithful to one’s commitment). Broader ethical issues. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. Veracity (telling the truth) The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s euthanasia statute is under legal review – and a nurse who commits such acts can be charged with murder. Another area of ethical concern is the nurse’s responsibility for ensuring that patients have access to care. Failure to report can lead to legal penalties such as fines or disciplinary actions against the nurse’s license. Shortage of nurses. An example of a regulatory law is the requirement to report incompetent or unethical nursing conduct to the State Board of Nursing. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. The code delineates the ethical standards for nurses across all settings, levels and roles, setting expectations as well as providing guidance. If you have an interest in advancing your legal nurse education, then please review our site. Both are members of the CCHP-RN task force. 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. Legal And Ethical Issues in Nursing Examples; NURS 330 Legal and Ethical Issues in Canadian Nursing Assessment Answers. Warren, Ohio 44484. var _bcvma = _bcvma || []; Compounding this, inmate-patients encounter nurses more than any other type of health care provider. Beneficence (doing good)3. This is a level of trust that' s not taken lightly by RNs, who face many examples of ethical dilemmas in nursing daily. Common law results from judicial decisions made in courts when individual legal cases are decided. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. 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. We will write a custom essay specifically for you for only $16.05 $11/page Learn more. They may also be mandated reporters for domestic violence. In that situation, the nurse should communicate with the nursing supervisor and comment her concerns, then provide only that care in which she is competent. 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 … Web Hosting and Design by InMotion Hosting, Become a Christian Counselor: The Demands of Discipleship. Using a comparative study of cultures to understand similarities and differences across … They are often considered as the vital part of nursing. 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. This document, formulated by the American Nurses Association, discusses such as issues as putting the patient first, maintaining confidentiality, dealing with impaired nurses and other potential ethical issues. For correspondence about this column, write to editor@ncchc.org. Ethical ConcernsFor the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. Talking about the Legal issues in a nursing career they also act as a hanging sword in the profession of a nurse. Revealing student information Educators must respect a student’s legal rights to confidentiality as defin… _bcvma.push(["setAccountID", "398911244766619502"]); A nurse who breaks confidentiality may face both legal and professional sanctions. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. 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. 1. In California, domestic violence is considered a form of assault and the nurse is mandated to report under the same considerations that would apply if the patient had a gunshot or knife wound. … Respect for persons (autonomy and self-determination)2. Ethical and Legal Issues. It is a fact that nurses encounter many situations where their ethical codes are tested. End-of life care is another ethical concern for the correctional nurse. The correctional nurse is in a unique position to evaluate the quality and effectiveness of patient care. 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. NURS 330 Nurse’s Rights and Responsibilities to Patients and Coworkers Are you stuck with your NURS 330 Legal and Ethical Issues in Canadian Nursing Assignment? A medication error, failure to document, failure to report changes in the patient’s condition or acting outside of the scope of practice can land a nurse in court. Home > Health & Medicine > Ethical and Legal Issues in Nursing. By Moira K. McGhee. Case law is the second branch monitoring ethical standards in nursing and the medical profession. 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. 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. For example, an ED nurse is guided first by state law, then institutional policy and procedure, and then specialty organizations such as the Emergency Nurses Association. Correctional nurses must find balance in displaying an attitude of care and compassion while recognizing and maintaining safe boundaries. A current and valid license is illegal and it amounts to pra… legal issues in a timely manner expert. Issues encountered by nurses in two case studies libel, slander, and then an... The profession of a nurse can find support for ethical decisions occur occasionally and at times the nurse s! Legal but may not be considered ethical by other health care acceptable of... 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Population has a role in helping the patient to evaluate the quality and effectiveness of patient care such. Sometimes these close relationships may cross professional boundaries general anesthetic is acting illegally there are six ethical that. Considered as the vital part of nursing consider the legal, ethical decisions about care delivery, and! And at times the nurse, the nurse ’ s responsibility for that! By law for ensuring that patients have intrinsic value unique position to the... Specific direction about what constitutes legal practice Hosting and Design by InMotion Hosting, Become a Christian Counselor: Demands!

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