Legal and ethical parameters of professional nursing practice essay one Professional nurses encounter a variety of legal ethical and bioethical issues on a daily basis. For this reason, it is essential that all nurses are aware of current state and national legislation, acts and guidelines and the implications of these for nursing practices as well as legal processes, principles of open disclosure and the role of a coroner in the health sector. In this way, nurses can adhere to the overarching guidelines for practice as well as working within the code of conduct, competency standards and scope of practice. This paper will provide an overview of legal and ethical parameters of professional nursing practice. Nurses must work within the …show more content…
Further, it is used to protect nurses by identifying inappropriate or unsafe actions that may put the individual nurse, the patient and/or the significant others supporting the patient at risk. Each individual act provides the legal parameters for the practice of professional nursing in that jurisdiction, and has been developed to safeguard the public from care by unqualified practitioners. It is essential that all Nurses are familiar with the Nurse Practice Act in their state of employment and that ethical decisions have legal ramifications. Breaches of the act may result in disciplinary action by supervising nursing staff, reporting to the nursing board and possible deregistration. At a practice level, the importance and guidance of the Code of Conduct, Code of Ethics and NPA are demonstrated on a daily basis with regard to the issues of documentation, informed consent and open disclosure, and confidentiality. With respect to documentation, nurses must be able to document patient assessments and responses in an accurate, comprehensive and confidential manner and record all observations objectively. Informed consent and open disclosure are also major legal issues nurses face daily. It refers to the communication between the patient and health professional that results in the patient's agreement to undergo a specific procedure and requires that the patient has thoroughly understood the procedure, implications and risks prior to giving written consent.
Ethical practice is another component of the social contract of nursing which is a reflection of the values, beliefs and moral principles of the nursing profession. The American Nurses Association (ANA) has established the “Code of Ethics for Nurses” which serves as a “guideline” for the nursing profession in which clinical judgements and
Nurses are facing many legal or ethical dilemmas in their career. Nurses should combine knowledge of ethical and legal aspects of health care and professional values into nursing practice. It is very essential to know what kind of dilemmas nurses may face during their profession and how they have been dealt with in the past.
According to American Nurses Association (ANA), (2010) “the nurse promotes, advocates for and strives to protect the heath, safety and right of the patient” (p. 6). Nursing responsibilities should be acted at the highest standard and must be based on legal and ethical obligations.
Sule stated that, “The Patient Bill of Right adopted by American Hospitals Association states that ‘a patient possesses the right to be informed of the medical consequences of his or her actions and decisions and refuse treatment to the extent permitted by the law’. However, this is true only if the patient is in position to understand the consequences of his treatment. Incompetent, senile patients neither have the correct judgment regarding which treatment is appropriate for them, nor are they in a state of understanding the implications of their treatment. In such case, their willingness to grant or deny consent cannot dictate the course of treatment.” Problem with the Act is being able to find that the patient component enough to make such a call. Another issue that Sule stated was on confidentiality and autonomy. According to Sule, “This is another ethical issue erupting from the conflict of patient's rights and professional ethics in nursing job and profession. The Patient Bill of Right makes it mandatory for the medical practitioners to reveal the form and extent of the ailment along with the course of treatment to be undertaken by the practitioners. However, this law of autonomy clashes with the nursing ethic that the professional should maintain high degree of confidentiality regarding the patient's health and treatment.” This can cause conflicting issues in the NP’s
There are nine provisions included in the ANA code of ethics. The provisions can be broken into three categories. The first category is the nurse’s ethical responsibilities to her patient which is provisions one through three. Second is the nurse’s obligation to herself, provisions four through six. The third ethical requirement for nurses is related to their relationship to the nursing profession, community, nation, and world overall. This focus is summarized in provisions seven through nine [ (American Nurses Association, 2013) ].
Nursing surrounds the concept of patient care physically, mentally and ethically. The therapeutic relationship that is created is built on the knowledge and skills of the nurse and relies on patient and nurse trusting one another. The use of nursing skills can ensure these boundaries are maintained, it allows for safe patient care. Professional boundaries are the line that nurses cannot cross, involving aspects such as patient confidentiality and privacy, ensuring legal aspects of nursing and the boundaries put in place are not breached. However, nurses accepting financial or personal gain from patient can also cross these professional boundaries. It is only through education in this area that the rights of patients can be preserved, as
As healthcare providers, maintaining a patient’s confidentiality, human dignity and privacy is expected at all times. Nurses are faced with maintaining patient confidentiality on a daily basis. The Coded of Ethics for Nurses is the framework of nonnegotiable ethical standards and obligations that all nurses are to uphold. Nurses are to be accountable for their actions and are expected to advocate and strive to protect the rights, health and safety of patients (American Nurses Association, 2011).
Gaining a patient consent prior to the medical procedure has claimed simple yet imperative process of patient care for nursing professionals as some of the legal implications can occur that may lead to a negligence on clinical care, risk the nursing registration or even criminal assault that is resulting a litigation, if it does not proceed accordingly. The patient’s consent can be obtained in various ways, such as implied, verbal or written forms are available and most importantly, different types of consent will require on the nature of treatment. Informed consent is an ongoing, practical process in relation to the patients’ health care in the clinical setting which would involve providing sufficient information about the clinical procedure and treatment that the patient expects during the medical procedures. By giving the consent, the patient would sign or agree with the treatment that he would undertake, aware of the risks and possible consequences and accept that he had fully-explained by the doctor regarding to the procedures. The patient’s consent should be given autonomously which means free of pressure and without any coercion from making decision. This case study discusses why does the registered nurses need to obtain consent from the patient prior to a medical procedures and what sort of action should the registered nurse take if she/he witnessed the nursing staff performing procedure without patient consent. This essay will also examine how the scenario in regard
Nurses are constantly challenged by changes which occur in their practice environment and are under the influence of internal or external factors. Due to the increased complexity of the health system, nowadays nurses are faced with ethical and legal decisions and often come across dilemmas regarding patient care. From this perspective a good question to be raised would be whether or not nurses have the necessary background, knowledge and skills to make appropriate legal and ethical decisions. Even though most nursing programs cover the ethical and moral issues in health care, it is questionable if new nurses have the depth of knowledge and understanding of these issues and apply them in their practice
Nurse Practitioners are advance practice registered nurses or ARNPs who provide and coordinate primary or specialty patient care. The duties of a nurse practitioner are usually very extensive but rewarding at the same time. Their duties include: recording patient history, reviewing patient’s symptoms, setting up a plan for patient’s care or adding on to an existing care plan, performing medical exams, diagnose and treat health issues, order diagnostic testing (ex. ultrasound, x-ray, CT & MRI scans, blood work, etc.) and review results, prescribe medications and treatments, consults with physicians (when needed), and conduct research. A nurse practitioner’s scope of practice can vary from state to state. There are no general limits of authority or responsibility legislated for this health care career. The Code of Ethics for nurses are based on nine provisions and statements: provides a concise statement of the ethical values, obligations, and duties of every individual who enters the nursing profession; serves as the profession’s nonnegotiable ethical standard; expresses nursing’s own understanding of its commitment to society. The Code of Ethics is very beneficial in the healthcare environment because it restates the values and commitments of a nurse, identifies limitations of duty and loyalty to the profession, and goes into depth about the obligations a nurse has beyond patient encounters. The Code of Ethics of
A suitable nursing code example of protecting patients was provided. A complete discussion of two examples of a nursing code of ethics influencing practice could not be found.
Ethical issues in nursing will always be an ongoing learning process. Nurses are taught in nursing school what should be done and how. Scenarios are given on tests with one right answer. However, there are situations that nurses may encounter that may have multiple answers and it is hard to choose one. “Ethical directives are not always clearly evident and people sometimes disagree about what is right and wrong” (Butts & Rich, 2016). When an ethical decision is made by a nurse, there must be a logical justification and not just emotions.
As an individual’s ethics will play a large part in their practice, there are specific guidelines and legislation that exist to ensure that nurses, as well as other health professionals, practice in a way that is ethical (Avery, 2013). These laws further exists to attempt to simplify the ethical issues that sometimes present in nursing practice and to attempt to guide one’s actions. The Nursing and Midwifery Board of Australia (NMBA) provides guidance to nurses by providing a number of professional codes and guidelines (Avery, 2013). The NMBA has developed a code of ethics for nurses comprising of eight codes (Avery, 2013). These are as follows; 1) Nurses value quality nursing care for all people; 2) Nurses value respect and kindness for self and others;
Nurses are subject to a plethora of legal, ethical, and professional duties which can be very challenging on a day to day basis. Some of these duties include respecting a patient 's confidentiality and autonomy, and to recognize the duty of care that is owed to all patients. As nurses our duties are always professional; however there are legal implications if these duties are breached. We also must consider when it is okay as nurses to breach these duties and therefore ethical issues arise. As nurses one of our main priorities is to advocate for our patients, without our own personal feelings on the matter taking over.
This essay will discuss why confidentiality is important within nursing practice and the reasons why a registered nurse and student nurse are accountable and to whom they are accountable to in relation to patient care. It will further discuss patient’s rights in relation to law.