But other seemingly minor problems may also have legal consequences. 2400 Niles-Cortland Rd. In general, the nurse should see the patient to evaluate health needs and determine the level of care required. 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 Justice (fairness, equitability, truthfulness) 5. 'https://':'http://') + "vmss.boldchat.com/aid/398911244766619502/bc.vms4/vms.js"; 1. 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. The ANA Code of Ethics provides a standard by which nurse managers can assess ethical issues in nursing. In addition to possible liabilities as a result of teaching nursing students, nurse educators must be aware of other legal concerns that may arise: 1. Be ever mindful when caring for all patients. vms.src = ('https:'==document.location.protocol? })(); © 2020 AIHCP. Both are members of the CCHP-RN task force. Fidelity (remaining faithful to one’s commitment). This paper will explore the ethical and legal issues encountered by nurses in two case studies. When a nurse fails to uphold the legal and professional responsibilities expected in the practice of … Another way is through oral communication, for example, by telling a correctional officer of a need to be seen by medical, or mentioning a health concern to the nurse during medication administration. Respect for persons (autonomy and self-determination)2. If you have an interest in advancing your legal nurse education, then please review our site. Excerpts written by Shelda L. Hudson, RN, BSN, PHN. Practicing without a current and valid license is illegal and it amounts to pra… 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. These issues affect both patient care and a nurse' sjob satisfaction and mental well-being. 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. A nurse who performs a task for which she is not qualified can be sued, and nurses are expected to refuse an assignment for which they are not qualified. ], 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). The values associated with nursing practice include nurse advocacy, respect for humans and eliminating barriers to care. Most states require that nurses be competent. Regardless of the method, the nurse has a legal and ethical obligation to respond to the request for care. In the mental health sector, medication non-adherence remains a serious health-care problem with far-reaching ramifications for patients, their relatives and health-care professionals. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or simple procedures requiring consent. Whether court sides with students or nursing programs depends on various factors 11/10/2017 Confidentiality is a very important issue in nursing. Ethical and Legal Issues. 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. Home > Health & Medicine > Ethical and Legal Issues in Nursing. The code delineates the ethical standards for nurses across all settings, levels and roles, setting expectations as well as providing guidance. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. He or she works with custody to ensure that the health needs of inmates are respected and responded to in a timely manner. Legal IssuesThe legal implications of nursing practice are tied to licensure, state and federal laws, scope of practice and a public expectation that nurses practice at a high professional standard. Remember to practice critical care nursing consistent with standards of practice and the obligation of your legal standard of care. a nurse can witness the client signing the informed consent. A nurse who breaks confidentiality may face both legal and professional sanctions. Acts of omission and commission will also subject the nurse to litigation and professional license review. Revealing student information Educators must respect a student’s legal rights to confidentiality as defin… Identify various patient care, employment and administrative level issues. 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. Using a comparative study of cultures to understand similarities and differences across … If the communication is from the officer to the nurse, the nurse has a responsibility to speak to the inmate. Legal And Ethical Issues in Nursing Examples; NURS 330 Legal and Ethical Issues in Canadian Nursing Assessment Answers. Broader ethical issues. In contrast, the correctional nurse may face ethical situations daily. var s = document.getElementsByTagName('script')[0]; s.parentNode.insertBefore(vms, s); Discuss in detail about patient right, consumer protection act and rights of special group. 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. An RN who gives a general anesthetic is acting illegally. Standards of nursing care begin with the nursing code of ethics. According to Felicia “Liz” Stokes, JD, RN, senior policy advisor at the … 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.xx… Another area of ethical concern is the nurse’s responsibility for ensuring that patients have access to care. Case law is the second branch monitoring ethical standards in nursing and the medical profession. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. Knowledge of the law of tort is important for all because most of the civil cases that resulted from nursing activities belong to the category of tort. 75). Participation in execution is inconsistent with nursing values. Warren, Ohio 44484. var _bcvma = _bcvma || []; 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. Unfortunately, the demands of patient care may put the nurse in a situation where she feels unqualified, such as floating to another unit. Examine medical malpractice cases and the impact on the nurse and the … Legal issues in nursing are nearly always related to potential harm to the patient. The shortage of nurses is a global issue discussed on an almost daily basis in … For correspondence about this column, write to editor@ncchc.org. 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. 1. [Editor’s note: Both ANA books are available in NCCHC's catalog.]. 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 issues in nursing are nearly always related to potential harm to the patient. 1. Ethical and Legal Issues in Nursing are applicable for any nurse, from beginner to expert. Innovative Technology. — Mary V. Muse, MS, RN, CCHP-RN, CCHP-A, is the chief nursing officer for the Wisconsin Department of Corrections, Madison. Before a medical procedure takes place, it is the nurse’s responsibility to obtain informed consent. 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. 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. They may also be mandated reporters for domestic violence. Legal Cases Focused on High-Stakes Testing •Initial court cases dealing with high stakes testing sided with the students. Both litigation and professional license review can result in reprimand of a nurse’s license or loss of a license. Describe “best practices” that protect your license and position, influence quality of care and reduce risk. Correctional nursing allows the nurse to practice the essence of nursing while recognizing that all patients have intrinsic value. Web Hosting and Design by InMotion Hosting, Become a Christian Counselor: The Demands of Discipleship. Nurses are legally mandated reporters for child abuse and elder abuse in most states. Under the requirements of Health Insurance Portability and Accountability Act, or HIPAA, the nurse cannot share identifying information about a patient except to someone else who has a right to that information. 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. Talking about the Legal issues in a nursing career they also act as a hanging sword in the profession of a nurse. They actively work toward resolving ethical issues in nursing that they find in their workplace. The correctional nurse should not participate in executions. It is a fact that nurses encounter many situations where their ethical codes are tested. 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. Legal issues in nursing practice 1. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. 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. However, the way it addresses ethical dilemmas can vary in different situations. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. 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. Veracity (telling the truth) The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. Legally the client must be emotionally and mentally competent to sign consent. End-of life care is another ethical concern for the correctional nurse. Both registered nurses and certified registered nurse anesthetists can inject a local anesthetic in most states, but only a CRNA can administer general anesthesia. Respect for persons (autonomy and self-determination) 2. Breaching professional boundaries Nursing educators work closely with students to encourage their success, but sometimes these close relationships may cross professional boundaries. Liabilityis an obligation that can be enforced by law. 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? Legal & Ethical Issues that Health Care Professionals Face. All rights reserved. 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 … These principles serve as a guide to the nurse in making ethical decisions. [This column appeared in the Winter 2011 issue of CorrectCare. In response to the need for nursing input into social and legal issues, nurses now find career opportunities as forensic nurses, legal nurse consultants, and nurse-attorneys (Blais & Hayes, 2011, pg. Justice (fairness, equitability, truthfulness)5. (function(){ 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. Correctional nurses can be especially vulnerable to litigation because the correctional patient population has a constitutional right to health care. 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. Failure to provide inmates with access to health care to meet their serious medical needs can be litigated under the Eighth Amendment as deliberate indifference or under the 14th Amendment as a civil rights violation. _bcvma.push(["pageViewed"]); Nurses are encouraged to refer to the ANA’s scope and standards of practice for correction nursing and to their state’s nurse practice act in addressing practice issues. Mentally or Emotionally INcompetent Clients: declared imcompetent, unconcious, under the influence of alcohol/drugs, chronic dementia or other mental deficiency. Many Americans consider nursing to be the most honest and ethical of all professions. By Moira K. McGhee. Examples of Ethical Dilemmas in Nursing. Introduction. 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. Beneficence (doing good) 3. Compounding this, inmate-patients encounter nurses more than any other type of health care provider. Patients die while incarcerated and the nurse has a role in helping the patient to die with dignity and comfort. To do otherwise puts the nurse at risk of legal liability and professional disciplinary action. 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. Shortage of nurses. "We need to be paying attention to innovation in technology. Correctional nurses must find balance in displaying an attitude of care and compassion while recognizing and maintaining safe boundaries. In some prisons, nurse participation in execution may arise as an ethical issue. Answer: A. •Period of time that courts generally sided with nursing programs regarding high-stakes testing •Now….. It is always appropriate for the nurse to follow up to evaluate the inmate’s response to the intervention. In the nursing profession, it can be further broken down into subcategories: 1. administrativeliability - violation of regulation, such as failing to renew your license 2. civilliability - imposing penalties in the form of payment or compensation to the patient who was harmed 3. criminalliability - imposing fines or imprisonment for crimes committed We will write a custom essay specifically for you for only $16.05 $11/page Learn more. Nonmaleficence (avoiding harm)4. Nurse educators should maintain working relationships with students. There are a … This is a level of trust that' s not taken lightly by RNs, who face many examples of ethical dilemmas in nursing daily. 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. December 4, 2020 Homework Answers. Every patient has… Finally, professional practice is an area that can create ethical concerns for correctional nurses. Nonmaleficence (avoiding harm) 4. Many of the topics in the code of ethics carry over into nursing practice acts that provide specific direction about what constitutes legal practice. They are often considered as the vital part of nursing. Beneficence (doing good)3. Performing an abortion is legal but may not be considered ethical by other health care professionals or … Ethical ConcernsFor the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. 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. _bcvma.push(["setParameter", "InvitationDefID", "395269300996768986"]); Even an unintentional error can be devastating for the nurse concerned, as evidenced by the suicide of the British nurse who inadvertently connected radio talk show hosts to the Duchess of Cambridge during her admission for severe morning sickness. There are six ethical principles that arise frequently for the nurse who works in the correctional setting. Inmates have several ways to access health care, such as by submitting a request slip or form. Top 5 Ethical Issues in Nursing in 2019. legal and ethical issues in nursing, patient care technicians, social workers, and office personal. Veracity (telling the truth)6. In the correctional setting, the patient is at the core of professional nursing practice. One of the common ethical concerns that arises for the correctional nurse relates to demonstrating caring in a custody environment. 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. Examples of such laws include malpractice, invasion of privacy, assault, battery, libel, slander, and false imprisonment. If a nurse notices that patient rooms are not being adequately cleaned and disinfected, she has a responsibility to bring it to the attention of hospital management or take action herself. The correctional nurse makes ethical decisions about care delivery, caring and patient advocacy in planning and providing safe patient care. There are gradations of scope within nursing as well. The correctional nurse is in a unique position to evaluate the quality and effectiveness of patient care. 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. Based on the information provided, the nurse must determine the type and level of nursing intervention required, and then implement an action. Suite #4, But other seemingly minor problems may also have legal consequences. Breaking confidentiality is both an ethical and legal issue. _bcvma.push(["setAccountID", "398911244766619502"]); Doing something outside of the nursing scope of practice is another serious legal issue. Various prominent medical cases have been heard recently, in particular relating to nurses assisting suicide, the refusal of medical treatment by a patient … Failure to report can lead to legal penalties such as fines or disciplinary actions against the nurse’s license. Common law results from judicial decisions made in courts when individual legal cases are decided. S.E. Contemporary legal issues in the nursing profession that are faced by the nurses. 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. An example of a regulatory law is the requirement to report incompetent or unethical nursing conduct to the State Board of Nursing. When a nurse’s practice falls below acceptable standards of care and competence, this exposes the nurse to litigation. The correctional nurse can find support for ethical decisions by referring to the American Nurses Association’s code of ethics. var vms = document.createElement("script"); vms.type = "text/javascript"; vms.async = true; This position is supported by the ANA’s code of ethics and NCCHC‘sStandards for Health Services in Prisons (standard P-I-07). SPECIFIC OBJECTIVES The students will be able to; Describe code of ethics, professional conduct, and legal system, ethical and legal issues in nursing. And maintaining safe boundaries or vocational, nurses must find balance in an. The way it addresses ethical dilemmas of privacy, assault, battery, libel, slander, and then an... Risk of legal liability and professional license review: declared imcompetent, unconcious, under the influence of,... 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