Palgrave MacMillan: London,. They assist individuals to make decision which are ethical right and with legal implications. I have personal values which have helped me to offer the best of my services to my clients. In a hospital setting, this process may involve an ethics committee, an organizations corporate compliance, or a human resources department. 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. Ethical theories and principles can be defined as foundations of ethical analysis as they are viewpoints giving guidance in the process of making a decision. The nurse is responsible and accountable for individual nursing practice and determines the appropriate delegation of tasks consistent with the values of the profession through individual and collective action (Blais Hayes, 2011,.
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Many nurses do not have formal education in legal and ethical issues, and as such as often unqualified to address these questions when they arise in the medical environment. It is reasonable to assume that the ANA code of nursing ethics would have a significant impact on the courts final decision, as codes of ethics are usually higher than legal standards, and they can never be less than. Topic: Ethical and, legal, issues in, nursing, essay, thank You! On Friday, May. Nursing, ethics could influence a final decision in each case study that was presented. The adult children believe that their mother would not want to have the surgery and have a poor quality of life. Circumstances are when there is a competing public interest, and the case went on to outline: cases may arise in which disclosure in the public interest may be justified, such as a situation in which the failure to disclosure appropriate. Xxxviii The question of what is immediately necessary, not acting further and in breach of patient autonomy, is not legislated and remains an ethical dilemma in the nursing practice. In the case study of the nurse who observed a nurse violating standards of care, and who was overtly negligent, the nurse has a legal duty to report the incident. Xxi The patient must have suffered bodily, economic, or emotional injury.
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Xi This can lead to some conflict, where they may be instructed to act contrary to their own personal beliefs, hence a balance of opinions must be applied by the individual to ensure they continue to act in the patients ethical and legal issues in nursing essay best interests. Nursing and Midwifery Council, London,. "Monitoring the patient's condition and reporting changes therein is one of the nurse's prime responsibilities. Legal issues can be entrench din the constitution law or in the administrative law but they are usually enforceable by statutory law. (2006 Law ethics for medical careers. 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.
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. We have received your request for getting a sample. The negligence resulted in harm to the client and the case is against the healthcare institution and another nurse who was overtly negligent. Nurses should be aware of their own values and attitudes in order to recognize when a situation might affect the care they are able to provide (Blais Hayes, 2011,.52). Viii While case law often determines the public interest query, individual practitioners and nurses must still exercise professional judgment ethical and legal issues in nursing essay and are personally accountable for any decisions which may breach ethical standards. 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.
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There ethical and legal issues in nursing essay are also conflicts within ethics and autonomy, for instance the issue of parental choice in the saviour sibling debate may not adhere to overall societal benefits, including the ethical duty to act beneficently towards all children, including future children. Revitalizing the humanistic imperative in nursing education. Xxxi Lachman 2006,. Xii Nursing and Midwifery Council 2010,. 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. In my practice I have found ethical and legal issues very important in serving my parents. . Xxxv Kleiman 2007,. Xxiv Maynard v West Midlands Health Authority 1984 1 WLR 634). Legal and professional ethical acts as guidelines which dictate how a job is to be carried out in the fairest manner and how any two subjects are likely to relate with one another.
The critical thinking exercise gives information that a nurse is a witness in a malpractice case. Lippincotts nursing m: The role of the American Nurses Association code in ethical decision making Retrieved from m/lnc/static? They are acceptable and ethical and legal issues in nursing essay agreed on by the profession and perhaps entrenched in their constitution. Professional nursing : Concepts and challenges (6th.). These include the Abortion Act 1967, the Mental Health Act 1983, the Data 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. Failure to assess the patient systematically for the duration of the emergency department visit. Confidentiality is further governed by the Health Insurance Portability and Accountability Act 1996, which outlines the requirement to protect distribution of confidential information on patients. 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.
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Initial triage assessment revealed that Cindy was suffering from a sore throat, wheezing bilaterally throughout all lung fields, seal-like cough, shortness of breath (SOB bilateral ear pain. Nurses are influenced by professional, personal, cultural, social, and political factors. Xiv Campbell v MGN 2004 ukhl 22 xv Griffith 2013,. Committees (CECs) and Research Ethics Committees (RECs) were established within the UK to provide comprehensive ethics support. We Can Assist The Paper is Written from Scratch Specifically for You Order Now WHonfidentiality Authenticity Guaranteed Plagiarism Free Content Guarantee approvedscholars Guarantee Timely Delivery of All Papers Quality Reliability Papers Written from Scratch and to Your Instructions Qualified Writers Only. Must frequently challenge ethical and legal issues in nursing essay their own moral and ethical values when they tasked with supporting their patients and families through difficult end-of-life decision making.
Regulatory Bodies, the nursing practice upholds its own code of ethics and this is regulated by strict disciplinary guidelines, with the governing body having more influence over its member than legislative entities in medical matters. Xxvi The nurses must carefully assess the possible consequences of breaching confidentiality, considering the risk of harm of not breaching which must be significant to justify ignoring the concept of autonomy. Get Access To The Full, essay, ooops! Nursing Ethics: A Principle-Based Approach. 171)." Nurses must constantly evaluate a wealth of information and results, and as soon as they become aware of any significant medical data, dangerous circumstances, or a dramatic worsening of the patient's condition, "they. Nurses who fail to record their observations run the risk of being unable to convince a jury that such observations actually were made (Bernzweig, 1996,. A nurse has a legal responsibility to put the patients needs first, protect the safety of every patient, and act as patient advocate with every patient encounter. The clients wishes may conflict with the institutional policies, physician professional opinion, the clients family desires, or even the laws of the state.
Xxxv It may also be that ethical and legal issues in nursing essay the patient does not have the requisite decision-making capacity, in which case nurses may treat the patient without consent. Nurses must be guided in learning about ethics within their profession to ensure mistakes to do not occur. It is a standard for professional behavior that we can use to identify ones conduct in relation to what is socially and morally acceptable. . Confidentiality 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. X Nurses are also under instruction from doctors and employers, required to exercise their own judgment as well as following directions and adhering to the ethics of the team and the Code of Professional Conduct for Nurses. In other words, if the social norm is used as moral compass, there must be an unbiased check and balance system in place.
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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. Professional Nursing Practice: Concepts Perspectives. The fundamental responsibilities of all medical practitioners remains constant, being to promote health, act in the best interests of the patient, prevent illness, remove suffering, and extend services ethical and legal issues in nursing essay beyond the individual to their family and the community. This paper will explore the ethical and legal issues encountered by nurses in two case studies. The nurse also has a legal responsibility to be truthful and honest when testifying as a witness in court (Blais Hayes, 2011).
Justice Rose stated: the public in general and patients in particular are entitled to expect hospital records to be confidential, and it is not for any individual to take it upon himself or herself to breach that confidence whether. 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. They also define guidelines that one ethical and legal issues in nursing essay is likely to use in case of a dilemma in the implementation of the job and which come with a legal implication. . In situation where one is given right over something or over another person, there are important guideline that dictates the extent to which the authority is to be practices and the expected relationship between the two subjects. Legal implications: Analysis of the legal implications of the various nursing actions which would affect the outcome of a lawsuit includes monitoring the patient's condition and reporting changes therein to the physician, failure to communicate pertinent observations to the physician, and. Visit m to see how we can help you! Critically analyse how ethical, professional and legal issues underpin nursing practice. Iii, as a result, various Clinical Ethics. In healthcare these issues can be very complex and complicated. It is vital for the nurse to report negligence on any level in order to protect the safety of patients. Unfortunately, when the decision making process for moral and ethical decisions is made through this form of influence, the choices made for moral conduct may go awry.
Xxxvi It must be proven as necessary to treat the patient, and in addition the necessity to act was coupled with it being impractical to communicate with the patient, and the action taken was that which a reasonable person. Law and Professional Issues in Nursing. The nursing practice is expected to comply at an individual level with these guidelines on a daily basis. Password systems are tracked to ensure hospital employees cannot access patient files without consent. This is a duty of confidentiality, to not give information about the patient to others without consent. X ethical and legal issues in nursing essay Nursing and Midwifery Council 2010,. 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. (2006 Legal and ethical issues in nursing. According to the American Nursing Association, the nurse should attempt to have the Advanced Directive signed during the admission process (End of Life Issues, 2014). Xv Case law is the second branch monitoring ethical standards in nursing and the medical profession. Applied ethics in nursing. Nurses are competent in making these decisions and informing their supervisors and subsequently the court regarding patient consent.
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Pageid864590 source: M approvedscholars place your order here: m/place-order/ Havent found the Essay You Want? Nurses must always keep the focus on delivering the highest quality of care to the patient. Doing this will not only protect the patient, but will assist the family in knowing what the patient wishes in the event that the patient cannot speak for herself. According to the nursing code of ethics, the nurses first allegiance is ethical and legal issues in nursing essay to the client (Blais Hayes, 2011,. References American Nurses Association, Code of Ethics for Nurses. The appropriate decision to involve the ethics committee shows the collaboration between health care professionals. As with other people, there are many issues that influence an RNs moral and ethical decision making.
Judson,., Harrison,., Hicks,. Xxxiv Kleiman 2007,. What are personal values and professional ethics? 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. Retrieved from Blais,.K., Hayes,.S. V Nursing and Midwifery Council 2010,. Iii Slowther A, Bunch C, Woolnough B, Hope. Generally, nurses must comply with patient request even if they do not personally ethical and legal issues in nursing essay agree, and ensure that in the nature of justice, all clients are treated fairly and equally, for instance regarding distribution of hospital resources and time spent per patient. Professional ethics act as guideline in making decision when faced with dilemma in the course of accomplishing a task in a certain profession. The ANA has set very clear guidelines for RNs concerning the professional ethical obligations that are expected of nurses when faced with moral decisions concerning patients, colleagues, and the organizations that they work in (American Nurses Association, 2014). Xvii Griffith 2013,. Xxx The signature implies that the patient is aware of the procedure, its alternatives, and possible risks, so when a nurse does not obtain the signature and falsifies it, the employer and the nurse are both accountable for damages. Code of professional conduct for the nurse, midwife and health visitor.
Let us edit for you at only.90 to make it 100 original. Xiii Griffith 2013,. The nurses primary commitment is to the patient, whether an individual, family, group, or community. A recent example is the event at the Moffitt Cancer Centre, after it came to light that a research study falsified patient consent. Ii Gordon,., Rauprich,. Autonomy Nursing ethics revolves around the concept that nursing is collaborative, hence patients have an inherent right to bodily autonomy wherever possible, and this includes a human rights component and the need to allow informed consent, or the withholding of this consent. London: The Nuffield Trust,. Xxix Hundreds of documents were fraudulently produced during a cancer research study, which breaches the duty of a nurse to obtain an informed consent signature before conducting a procedure.
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Get help with your essay today, from ethical and legal issues in nursing essay our professional essay writers! Xxxix Kleiman 2007,. Legal and ethical issues for health professionals are important and practical guides that helps the individual to make resolution for ethical dilemmas that they face in the face if the legal framework. 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. The danger, though, with any such aid is that it may be applied in an unthinking manner as simply a set of preexisting rules (Dahnke, 2014). The nurse has a legal duty to assist justice as far as possible (Blais Hayes, 2011). The law of informed consent underlies the ethical notion of autonomy, outlining the minimum standard of behaviour accepted by the community. Get help with your essay today from our professional essay writers! In that case, Justice Rose reiterated that an AIDs case involved a significant public interest, but also a fundamental right to individual confidentiality.