Within the theme of ethical and legal issues, two sub-themes emerged. Legal and Ethical Issues in Nursing has reaped the benefit of your collective knowledge and experience as nurses and teachers, and we have improved the materials due to your efforts, suggestions, objections, endorsements, and inspira-tion. learn more. (7.6MB). In some circumstances, complying with requests for confidentiality may be detrimental to the patient – which is the best interest principle and nonmaleficence conflicting with the right to autonomy.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. The nursing practice upholds its own code of ethics and this is regulated by strict disciplinary guidelines, with the governing body having more influenceover its member than legislative entities in medical matters. This is usually grounded on the principle of necessity, and the circumstances in which it is permitted are limited.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 in the same circumstances would take if acting in the patient’s best interests. Third, causation, which is a factual connection between the action of the nurse and the harm suffered by the patient. Bailey, P , Harbour, A 1999 The law and a … Nurses are highly accountable to patients, the public, employers, and the entire profession. A recent example is the event at the Moffitt Cancer Centre, after it came to light that a research study falsified patient consent.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. It addresses the expanding autonomous roles of nurses at all levels of education and licensure, and in all settings. 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. Legal and ethical issues arise frequently, and are commonly encountered in certain fields such as medicine, healthcare and politics. Ethical Issues in Psychiatric Nursing In mental health care, the epistemological distinctions be-tween what are considered as ‘illness’ and ‘health’ or ‘normal’ and ‘abnormal’ is often not as clear as in somatic health care. These are the most prevalent issues nurses face. We don't recognize your username or password. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. xiv When read with Article 3, it can be implied that there is a fundamental right for all individuals to determine their own lives, without interference from the government, including the right to choose medical treatment – treatment must be either consensual, or if the patient is in fact incapable of consent, it must be therapeutically necessary. Home; Uncategorized; CONCEPTS OF LEGAL AND ETHICAL IN PROFESSIONAL NURSING; AN EVALUATION OF THE PROVISION AND ADEQUACY OF CARE, THE EFFICACY OF MANAGEMENT AND SUPPORT, AND IMPORTANTLY THE EMERGING ROLE FOR NURSES … Reference this. Nurses are highly accountable to patients, the public, employers, and the entire profession. Oncology Nursing Forum, 37, 55-60 . Nurses are highly accountable to patients, the public, employers, and the entire profession. ii These are professional duties which become legal duties if any legislation or policies are breached during practice. This creates a problem for nurses and the ethical questions about who to protect. 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. Making Decisions and Solving Problems. 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. Law and Professional Issues in Nursing. • Discuss the main provisions of HIPAA, EMGALA, OSHA, PDSA, VPA and Good Samaritan laws and their impact on nursing. By Moira K. McGhee. Lachman, V, Ethics, Law and Policy, Ethical Challenges in the Era of Health Care Reform, Medsurg nursing, july-august 2012; v.21.vol 4 Palgrave MacMillan: London, p. 31. ii Gordon, J., Rauprich, O. View Ethical and Legal Issues in Nursing.ppt from NURSING 110 at Kenyatta University. Ethics regards standards of moral judgement and professional conduct. xvi In England, nobody can consent to treatment for an incompetent adult, so the Court must make a declaration in the best interests of the patients and the overall medical practice. Ethical considerations go further than pure clinical assessments and include all consequences of starting and/or withholding of cure and care. She remained active in nursing education until her retirement from Washington State University Vancouver in May 2014. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. 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. With that ethical issue many legal duties are also there in their responsibilities. The right to confidentiality has been supported judicially in several prominent cases, including Hunter v Mann [1974] QB 767, W v Edgell [1990] Ch 359, and in X v Y [1988]. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Program Focus 1) Examine the fair and ethical use of standardized testing in nursing education. Savvas Learning Company is a trademark of Savvas Learning Company LLC. Second, a breach of that duty by not meeting the required standard. 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. View Legal -Ethical issues in Mental health.ppt from NURSING 231 at Egerton University. Ethical Issues. | Ethical and Legal Issues in Nursing Essay. 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