Immigration law focuses on the legal issues and policies relating to immigrants who come to the United States on a temporary or permanent basis. 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. 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. They are often considered as the vital part of nursing. 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. 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. Find out which clinical specialties and areas of practice are offered in each WA Health public hospital and health service. Disclaimer: This work has been submitted by a university student. 19, No. Log in | Register Cart. Available: www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/V… Our legal framework; As the independent regulator for nurses, midwives and nursing associates, what we do is set out by legislation. 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. Patients show a great deal of trust in their physician and they may feel deceived if they discover that there is lack of honesty by the physician. . 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. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. 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. Justice -Justice described as treat everyone ‘equally and fairly’. Registered Data Controller No: Z1821391. (Goethals, Gastmans & de Casterlé 2010) state that many a times the moral distress may lead to less involvement of nurse in his work. It offers a support system that helps patients to be lively as much as possible until death. The nursing practice is expected to comply at an individual level with these guidelines on a daily basis. Beneficence- The principal of beneficence as a ‘do good’ describes applications of interventions that are carried out by nurse and physician for the benefit of patient .It also include the protection of right of health service consumer (Staunton & Chiarella 2008). Find out more below. 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 England and Wales, the Family Law Reform Act 1969 states that a person who is 16 or 17 years old has a statutory right to consent to treatment, under section 8, a minor aged 16 or over is considered an adult and has the legal rights which flow from this categorisation. You are then introduced to the published forms of law and are … The nurse should properly converse with the patient and make sure that the patient is well aware of all available treatment options (Johnstone 2011). Medical-surgical nursing is a nursing specialty area concerned with the care of adult patients in a broad range of settings. Do you have a 2:1 degree or higher? There are various palliative regimes which are applicable for other diseases, such as cardiac or renal disease, so as to help the patient to cope with the suffering (Johnson et al. Sometimes, a term ‘Long term care’ is used to describe the palliative care. Home All Journals Issues in Mental Health Nursing List of Issues Volume 41, Issue 11 2019 Impact Factor. 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 UKEssays.com then please: Our academic writing and marking services can help you! Ethics regards standards of moral judgement and professional conduct. A legal nurse consultant is a nurse who works as an expert on cases involving medical issues. Negligence claims, products liability issues, defamation, and intentional torts make up the basis for most disputes arising in this specialty area. Unauthorised administration of medical treatment would be assault”. Legal issues and regulations play a dominant role in nursing practice today. Palliative care uses a team approach to handle the needs of the patients and their families. 2008). Describe “best practices” that protect your license and position, influence quality of care and reduce risk. 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. There is a wide range of speciality fields available for nurses and midwives to work in. 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. 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. Given that the duty of confidentiality is a combined public interest and individual interest assessment, the judicial system does not provide ample guidance. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. The law provides a framework for establishing nursing actions in the care of clients. Technology in nursing practice is not new, but the ways in which technology exists and contributes to healthcare is. Peer Review Actions The Texas Board of Nursing (formerly the Board of Nurse Examiners for the State of Texas) regulates nursing practice in the State of Texas pursuant to the Nursing Practice Act, the Texas Administrative Code and other guiding statutes such as the Health & Safety Code and Chapte… Julie M. Mroczek, BSN, RN-BC, CLNC, is a Certified Legal Nurse Consultant in North Platte, NE, and has researched and developed legal medical personnel injury and malpractice cases for attorneys for the last 5 years. Specialties. It can also cause some kinds of health problems which may eventually leads to resignation from job. Additionally, nurses are expected to work together with other health practitioners and care professionals or agencies, service users, carers and communities, and extended families, to ensure decisions made about patient care adhere to shared values.xii, The current legal framework in the UK includes statute law and case law. Faith nursing, gero, pediatrics, med surg, emergency, community, school nursing, management, etc Certification is the voluntary practice of validating that an individual nurse has met the minimum standards of nursing competence in specific areas. 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. 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. ANA is proud to work with our affiliate partners to help members connect, share information, and collaborate with other specialty nurses. 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. xxi The patient must have suffered bodily, economic, or emotional injury. For example many patients want to sign DNR (Do Not Resuscitate) forms to ensure that no attempts should be made to revive them if they are close to death. These are the most prevalent issues nurses face. The estate planner works to ensure that the client's intentions with respect to the distribution of his or her assets will be effectuated precisely … The nurse should consider patient’s autonomy before administering morphine. Nurses are highly accountable to patients, the … 3, Manuscript 3. ANA remains committed to fighting barriers to nursing practice, to ensure that nurses may practice to the full extent of their expertise and education. The nurse’s education, license and nursing standard provide the framework by which nurses … B.American Nurses Association: “The practice of nursing means the performance for compensation of professional … In the modern world, there are a number of nursing specialities. 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. TPAPN 6. The NMC contains guidelines regarding the expectations of particular duties such as confidentiality, medical research obligations, consent rights, and autonomy. Search results Jump to search results. Legal issues in nursing practice 1. Studies show that more nurses are being sued for on-the-job behaviors and actions than ever before. It integrates the psychological and spiritual aspects of patient care. Sh… No state or federal laws prohibit an NP from practicing in a specialty area. It is focused on providing comfort and relief from the pain and the other distressing symptoms of a serious illness. Critically analyse how ethical, professional and legal issues underpin nursing practice. Criminal Conduct 4. 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. Nurses are highly accountable to patients, the public, employers, and the entire profession. Many types of complex situations are often faced by several nurses throughout their professional life. 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. principles of distributive justice). Ethics and legal implications are very closely related with each other. *You can also browse our support articles here >. 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. Prima Facie it is a clear case of violation of constitutional rights of a patient if nursing professional does not inform the patient about her medical condition and learn her desire and judgment in designing and developing her future treatment and palliative care plan. When the medical practitioners communicate with the patients, being honest is a fundamental way to develop trust and respect for the patient. Nursing informatics and healthcare go hand-in-hand these days. Choose from a wide range of academic writing tasks and get the one you need. A burns nurse cares for patients who have suffered serious burns. There are fourteen key concepts which outline the ethical standards and responsibilities expected of a doctor. Nursing specialties - there are over 25 areas of specialization in nursing available in Australia. 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). Sometimes it is seen that there is psychological impact on the patient’s mindset and it’s really hard for them to cope with such a stressful situation (Kendall 2006). In this scenario, the wishes of the family to hide information from the patient is not unusual.Ethically it looks wrong for a health care practitioner to lie to the patients regarding her medical situation and not inform her about her forthcoming death. 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. 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. The text of the legislation for regulating nurses, midwives and nursing associates. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below approved by the NMBA in August 2019. It is very complicated to reveal the information opposite to relative’s desires (Cavanna et al ,2009). xviii The consent is valid if the minor is of ‘sufficient intelligence and understanding to appreciate the information and advice about the treatment and what it involves,’ for instance if a teenage girl consent in receiving contraceptive advice without her parents’ knowledge or consent.xix As the law enforces a duty of confidentiality by nurses to adults, the law then extends the duty to children who are competent in consenting to treatment. When legal issues arise, the nursing documentation becomes a central part of proving whether standards of care were met or not. Ethical issues in nursing contain all the tough decisions the healthcare profession faces each day in caring for society. Ethics regards standards of moral judgement and professional conduct. Nurse educators teach people to become nurses. Moreover, the nurse is uncertain whether she would go after the wishes of the family or not. A. VAT Registration No: 842417633. Together, the GMC and BMA act to provide guidance for nurses and other practitioners to assist in ethical decisions, however it should be noted that these decisions are highly personalised, dependent on the patient and situation, and often subjective therefore unable to be entirely answered by these guidelines. No state or federal laws prohibit an NP from practicing in a specialty area. Online Journal of Issues in Nursing. “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. 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. 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. viii While case law often determines the ‘public interest’ query, individual practitioners and nurses must still exercise professional judgment and are personally accountable for any decisions which may breach ethical standards. Because of this entitlement professionals delivering palliative care and family members of the patient involves in legal and ethical dilemma. Looking for a flexible role? The Disciplinary Process 2. The Academy of Medical-Surgical Nurses (AMSN) is a specialty nursing organization dedicated to nurturing medical-surgical nurses as they advance their careers. This can be in court or with insurance companies, healthcare providers, and other agencies. Ulysses et al (2011) asserts that in health practise the therapeutic nondisclosure may lead to frustration which in turn affects the practitioner’s responsibility towards his patient and his family. 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). This chapter examines how the law influences nursing. 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. 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