New Delhi: In the last five years, altogether 119 medical students committed suicide and 1,166 students left medical colleges and institutes, the National Medical Commission (NMC) revealed while replying to a Right to Information (RTI) query. As shortages of doctors, nurses and other medical personnel grows with an expanding aged population, the use of restraints is an ethical issue that should be revisited often to protect the vulnerable elderly from violations of their civil and human rights and dignity. In short, you speak for the patient. This is a case commentary about a diabetic patient, in regards to the patient interviewed in a clinic setting. Legal Issues in Nursing and Health Care Laura R. Mahlmeister, PhD, MSN, RN Learning Outcomes After studying this chapter, the reader will be able to: 1. Ergo, nurses should exercise their sound verdict and employ standards of nursing care in order to avert lawsuits or to protect themselves. Do not sell or share my personal information. Ultimately, to prevent errors, nurses should meet the standards of care. Additionally, while reporting the situation to the co-ordinator nurse left the patient alone. Risk Factors for Physical Restraint Use in Nursing Homes: Pre- and Post-Implementation of the Nursing Home Reform Act. We have helped a large of university scholars in designing perfect assignment solutions as per the university's guidelines and instructions. In addition, her coffee was cold when the breakfast tray arrived, but she drank it and now needs to urinate. To apply this principle RN should successfully apply the four major principles, which were not applied in the situation above. On her first day of post-op, her vital signs were recorded within normal limits. Available at http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=1276&context=elders&sei-redir=1&referer=http%3A%2F%2Fwww.bing.com%2Fsearch%3Fq%3Dscholarship%252C%2Blaw%252C%2Bmarquette%252C%2Brestraints%252C%2Belderly%26qs%3Dn%26form%3DQBLH%26pq%3Dscholarship%252C%2Blaw%252C%2Bmarquette%252C%2Brestraints%252C%2Belderly%26sc%3D0-22%26sp%3D-1%26sk%3D%26ghc%3D1%26cvid%3D1603FCE4DA174EE1989368D4D6FCB095#search=%22scholarship%2C%20law%2C%20marquette%2C%20restraints%2C%20elderly%22. Balancing the need to provide care for patients with pressure to be more efficient in the use of time and resources. Explore the ethics and legal issues in nursing such as liability, negligence, and malpractice. Love what you read? View professional sample essays here. Kapp says being over 65 is a risk factor in most hospital settings for having physical restraints used. To resolve the ethical concerns or to minimize the occurrence of legal and ethical concerns nurses should work competently, following the regulations and guidance and considering ethical and legal obligations to provide safe and quality care (Tsuruwaka, 2017). Nursing is a broad field to study. Click here to review the details. Some of the legal and ethical challenges in nursing are discussed below by a team of professional providing legal and ethical issues in health care. Private duty nurses, being self-regulating or independent practitioners, are bound to a standard of conduct that is expected of reasonably prudent nurses. However, it has its liability issues and legal pitfalls. Below are some common legal issues nurses may face: Performing a procedure outside your scope of practice or failing to closely follow a physician's patient-monitoring orders can be enough evidence for a patient to press charges. We've updated our privacy policy. This principle is about maintaining the patient's privacy. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. Negative, demoralizing and unsafe working conditions contribute to medical errors, ineffective delivery of care and conflict and stress among health care providers. The HCFAs definition includes devices used adjacent to the person, which would include chairs that restrict movement (geri-chairs), trays designed to keep a patient in place, and bedside rails. Many nursing duties, such as administering medication or assisting a patient to the restroom, require close proximity to or physical contact with a patient. Activate your 30 day free trialto unlock unlimited reading. Tap here to review the details. Any opinions, findings, conclusions, or recommendations expressed in this essay are those of the author and do not necessarily reflect the views of NursingAnswers.net. The patient is the nurses' partner throughout the nursing process. According to the National Center for, Since 2010, there has been an industrywide effort to ensure that at least 80% of the nursing workforce has a Bachelor of Science in Nursing, People are living longer. Studies in the USA have found that medicolegal issues relate mainly to iatrogenic harm, i.e. Even when medical and law practice change, the basic nursing ethical principles remain firm. Epstein, B., & Turner, M. (2015). Because of rapid advancements in the field of medical technologies and healthcare practices, nurses and other professionals often encounter challenges in taking appropriate decisions where law courts and lawmakers have developed laws for new practices and procedures. We, at myessaymate.com, are one of the oldest and trusted nursing assignment help service provider in Australia. You should know the legal considerations when stepping into a professional career. Given scenario comprises registered nurses (RN) legal and professional roles and responsibilities, ethical and legal concern and ethical principles which will be discussed in this essay. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Free resources to assist you with your nursing studies! , legal and ethical issues in nursing, and more. +61 450 589 536, Black Friday Assignment Sale is Live - Get 50-65% off on All AssignmentsOrder Now, 24x7 Known as the Health Insurance Portability and Accountability Act, HIPAA went into effect in 1996 in an effort to standardize electronic health transactions and give patients greater control over their identifiable health information. While, code of conduct outlines the nurse's legal requirements and professional behavior in the practice (Nursing and Midwifery Board of Australia, 2016). The programme fee should be received at the MDP Office before the programme commencement date. This possibly increases pressure on the nurse to account and follow through the changes that occur in the patient. The nurse could seek help from colleagues instead of leaving the patient alone. A nurse patient-relationship is one-to-one, which makes a nurse privy to a variety of patients health records. Legal Issues All Nurses Need to Be Aware Of, Master of Business Administration General Online, Master of Business Administration with a Specialization in Accounting, Master of Business Administration with a Specialization in Finance, Master of Business Administration with a Specialization in Project Management, Registered Nurse to Bachelor of Science in Nursing, online Registered Nurse to Bachelor of Science in Nursing (RN to BSN) program, Revocation of ones nursing license, either on a temporary or permanent basis, Loss of any specialized board credentials and certifications, Criminal charges, jail time and financial penalties, Disciplinary actions levied by ones employer, such as demotion, unpaid leave of absence and termination. In the case of conflicts in ethical principles, she could have made a decision based on the priority and importance. to nurses. Nurses and other professionals engaged in healthcare generally practice in such an environment which is getting advance in terms of technology, the pressure to cover costs and advances in medical science. 866-489-2810
lung or ovarian cancer, presenting to gastroenterologists). Applying restraints to a person is an act that carries inherent moral and ethical implications. States also have additional laws and regulations. http://corporate.findlaw.com/law-library/understanding-patient-restraints-a-hospital-s-decision-to-use.html. This essay demonstrated the ethical, professional and legal issues and concerns arising in the nursing practice. Scenarios. Ethics. Patients have the right to deny the help or physical interaction and even the treatment. Doody, O., & Noonam, M. (2016). including the necessity to have written authorization from a physician, 2.) There is substantial evidence that the use of physical restraints on older hospitalized patients exposes the patients to significant risks of physical injury., In actuality, a strong preponderance of scientific literature shows that restraints often result in increased patient injuries. Throughout the history of nursing, most of the challenges can be linked to the gender and class barriers faced by women in society and the ever-present economic demands of the healthcare industry. When they witness abuse or neglect, they must report it through the appropriate channels. (2019). Activate your 30 day free trialto continue reading. These injuries occur when patients fight against the restraints, try to overcome them (such as by climbing out of a bed with side rails) or when they contract infections from being immobilized for long periods, or, tragically, suffocate or strangle when restraints are improperly applied or neglected. We've received widespread press coverage The nurse should work hand in hand with the patient (and/or relatives) in order to achieve the goals set in the nursing care plan. In addition, it serves as legal protection for the hospital, doctor, and nurse by reflecting the disease or condition of the patient and its management. Registered Nurse's standard of practice is the competent level of nursing care in the nursing process. Castle, N. G. & Engberg, J. Has 8 years experience. 701 S. Nedderman Drive, Arlington, TX 76019
A study using focus group interviews. lies somewhere between scant and nonexistent. He adds, There is substantial evidence that the use of physical restraints on older hospitalized patients exposes patients to significant risks of physical injury.. Doing so allows nurses to practice with confidence, avoid unintentional harm and protect their livelihoods. Nurses must refrain from openly discussing verbally or in writing patients' care with those who do not have a right of access to it. According to the. 7. Additionally, she was not aware of the type of medication used to the patient. Providing benefits to patients means facilitating in their well-being, provide safe and quality care (Ellis, 2017). There are seven sets of principles and they are autonomy, beneficence, nonmaleficence, Justice, Veracity, Fidelity and confidentiality (National Commission on Correctional Health Care, 2019). The Nursing Code of Ethics: Its Value, Its History. He defends doctors, nurses, physicians assistants, and hospitals at the trial and appellate levels, as well as general liability matters. We've encountered a problem, please try again. This information can inform practice and lead to improvements in the quality of patient care. A Medico-Legal Case can be defined as a case of injury or ailment, etc., in which investigations by the law-enforcing agencies are essential to fix the responsibility regarding the causation of the injury or ailment. Her action could risk the patient to the potential risk of falls or other injuries. . For help with any questions you have, call: Online education programs enable interaction between students from different places, cultures and professional backgrounds. Relating to the case, RN, however, managed to maintain the patient's privacy by closing the door and covering the patient's body when it was exposed. This act protects patients confidential electronic information and allows patients to control their identifiable health information. Healthcare is fraught with legal pitfalls that can have significant ramifications for uninformed nurses. For example; commitment of a medication error by administering the wrong medication, lack of provider notification, lack of communication, or forgetting to note the patient status. Nurses must have highly, The best way to understand what makes a successful nurse might be to ask the patients. We have helped a large of university scholars in designing perfect assignment solutions as per the university's guidelines and instructions. Singh K, Singh K, Verma A (2011) Study of Medico-legal Case Management in Tertiary Care Hospital. Management and care should have been provided accordingly. The most common security in a negligent action is when nurses know and conquer that standard of care in rendering their service to the clients and that they have properly documented the care they give in a succinct and accurate manner. Realistically, we cannot by NCC News and Content Team | Dec 6, 2022 | Legal / Ethical, Nursing Practices. In Mavis's case, she didn't receive proper post-operative care which is negligence already. The law is not clear-cut in many aspects relating to young people under 18 years: much is let to the judgement of the medical or health professional as to the maturity of the young person and their capacity to consent. I understand this consent is not a condition to attend USC Aiken or to purchase any other goods or services. While assessing her she looked confused, disoriented, anxious behavior and was refusing the care and assistance from a nurse. The ANA collects, compiles, and announces the ethical nursing practice guidelines in the United States of America. There are major legal issues that affect psychiatric nursing and guidelines for practicing in a legal and responsible manner. The provision of emergency care is known to be a relatively higher risk area of practice with respect to medico-legal claims, but it is neither clear nor inevitable that advancing the clinical After enrolling in the Registered Nurse to Bachelor of Science in Nursing program at USC Aiken, Racial issues are prevalent in many professions, and healthcare is no exception. There are many legal issues in nursing to be aware of during ones nursing practice. The nurse should see to it that all pieces of equipment are recurrently inspected, maintained, and are functioning suitably. RN's time is also considered a scarce resource (Ellis, 2017). Nurses have frequent interactions with the public and unique opportunities to observe their health and well-being, which gives them the status of mandated reporters. Nurses' decisions in respecting a patient's rights and decisions and their decision in providing the best care to the patient. The nurse must ensure to create a safe environment to eliminate or minimize the harm to the patient (Hain, Diaz & Paixao, 2016). Provides legal advice and counsel regarding health care and general corporate legal issues affecting all areas of the Centra State operation, including employment, physician relationships, managed care arrangements, corporate law, governance, patient care and medico-legal issues, licensure, Medicare and Medicaid, medical staff matters . The nurse should explain the procedures that would be done to the client. In addition, this measure enables the nurse to provide the client with an error-free environment and accommodation. Specializes in CCU, OR. Negligence can sometimes be unintentional but malpractice is considered intentional. In the case of such patients, nurses need to realize the importance of their decision in delivering care causing no harm or injury. What are Ethical Issues When Honoring an Older Adults Decision to Withdraw from Dialysis?. In nursing ethical issues raise daily. Respecting the patients decision is one important ethical principle, nurse Mavis refused for the care by the nurse. What do you know about your patient? 1. (2019). Kangasniemi, M., Korhonen, A., & Pakkanen, P. (2015). I am, by the way, a Female nurse or a woman nurse, but never, ever a wooooman nurse. As a registered nurse it is important to apply the ethical principles in identifying the issues and concerns. Focusing on the ethical principle approaches for identifying and resolving any conflicts, issues, and concerns, seven principles of nursing ethics has been explained. Learn faster and smarter from top experts, Download to take your learnings offline and on the go. The nurse should also extend that rapport to the relatives of the client for they should also know the plan of care for the client. Physical Restraint Use in Acute Care Hospitals: Legal Liability Issues. This principle is as equally important as the principle of Autonomy, Beneficence and non-maleficence are. in the nursing profession. The articles on ethical and legal issues are written in a comprehensible style and official documents are analysed in a user-friendly | View full journal description. Respects individual and families in the context of traditional and cultural practices and discouraging harmful practices. Our members represent more than 60 professional nursing specialties. Have a question or concern about this article? 2. acts ethically and maintains standards of practice. Available at http://journals.lww.com/lww-medicalcare/Abstract/2009/11000/The_Health_Consequences_of_Using_Physical.8.aspx. It is very important for nurses to preserve a patient's right to privacy and maintain the nurse-patient relationship. RN not only failed to maintain the standard of practice but also breached the duty of care, legislation, and law. Known as the Health Insurance Portability and Accountability Act, HIPAA went into effect in 1996 in an effort to standardize electronic health transactions and give patients greater control over their identifiable health information. In order to avert lawsuits or to purchase any other goods or services can be... Professional issues they will face during their careers during their careers negative, demoralizing and unsafe conditions. When medical and law over 65 is a case commentary about a patient. 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Adults decision to Withdraw from Dialysis? a problem, please try....