All Rights Reserved. Falls: side rails left down, infant left unattended. , #1 in Nursing Careers Prospective donors of only tissues: those with no cardiopulmonary function (e.g., can donate corneas, eyes, saphenous veins, cartilage, bones, skin, heart valves). Purpose of record: factual documentation of care given to meet legal standards; used to refute unwarranted claims of negligence or malpractice. Today, legal issues remain relevant and are often intertwined with ethical issues. Legal Issues in Nursing. Competency 7 Legal Aspects of Nursing Care. Find out more below. Be written, signed, and titled by caregiver or supervisor who observed action. Crime: an act committed in violation of societal law and punishable by fine or imprisonment. A. A. Regarding (a)—no, if you think a reasonable, prudent nurse would not follow it; but first inform the physician and record your decision. Legal aspects of nursing In Legal Aspects of Nursing, Dimond says: "Records should be meaningful, clear accounts of the patient’s care ‘Had a good day’- one of the most unhelpful statements, should not feature in records. Legal Aspects in Nursing. —violating a person’s right to refuse physical contact with another. c. may perform nursing actions only under the supervision of a licensed nurse. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. Inform the judge and ask for specific directions before relating in court information that was given to you within a confidential, professional relationship. Lakehead University respectfully acknowledges its campuses are located on the traditional lands of Fort William First Nation, Signatory to the Robinson Superior Treaty of 1850 and the Ojibwe, Odawa, and Pottawatomi nations, collectively known as the Three Fires Confederacy. Monitor for hyponatremia, hyperkalemia, and hypokalemia, and intake and output. Failure to communicate—ignore, forget, fail to monitor, report, or document client’s status or to report complaints of client or family. There are also some jurisdictional differences within the UK with Scotland and Northern Ireland having separate legal systems. Nurses are legally, ethically and morally responsible for delivering safe and competent care in the scope of their nursing practice. American Nurses Association, Washington, DC, 2004). Interview-Ready Nursing Jobs in the U.S.A. Legal Aspects of Nursing: Questions Most Frequently Asked by Nurses About Nursing and the Law, NCLEX: Psychosocial Integrity: Behavioral/Mental Health Care Throughout the Life Span, NCLEX: Health Promotion and Maintenance; Nursing Care of the Childbearing Family, U.S. NCLEX Application and Exam Requirements for Foreign/ International RNs and LPNs, NCLEX-RN Case Study: Women’s Health Nursing, Accessing Your State’s Nurse Practice Act and Administrative Rules, NCLEX Strategies: How to Answer Tricky Questions, NCLEX in Canada: Comprehensive Guide on Applications and Requirements, Fluid and Electrolytes Questions in NCLEX, Fundamentals of Nursing Questions with Rationale, Legal Aspects of Nursing: Ethical and Legal Considerations in Intensive Care. —compromising a person’s right to withhold self and own life from public scrutiny. Professional Aspects of Nursing Nurses play a very important role in patient healthcare in offices, clinics, hospitals and home healthcare. How should data be recorded? Nurse Practice Act: each state has one to protect nurses’ professional capacity, to set educational requirements, to distinguish between nursing and medical practice, to define scope of nursing practice, to legally control nursing through licensing, and to define standards of professional nursing. Brilliant Nurse® is a career platform & bridge for all nurses and allied healthcare folks. This course will help nurses become educated about and be alert to the legal aspects of nursing practice. D. Criminal law: concerns actions against the safety and welfare of the public, such as robbery. transferred? Laws: 1. impose a duty to conform to a specific standard, 2. apply to all nurses, 3. can be enforced. Legal & Ethical Issues that Health Care Professionals Face. We’re always looking and ready to help! Ethics and Legal Aspects in Nursing Professional nursing associations are critical for leading nursing professionals to learn more, develop, generate the energy, flow of ideas, and proactive work needed to maintain a healthy profession that advocates for the needs of its clients and nurses. Guidelines regarding who can donate, how donations are to be made, and who can receive donated organs (Uniform Anatomical Gift Act). Nurses today face many ethical dilemmas in the delivery of patient care. B. This applies only to court proceedings. The nursing profession is underpinned by many professional, legal and ethical issues that are vital for safe practice and ensure the best interest of patients are being met. Overview Legal Aspects of Documentation Part of Patient’s Medical Record Record in Real Time Falsifying Documentation Subject to Litigation, Audit and Review Nursing Points General Legal Aspects of Documentation Part of patient’s medical record Communicates information between providers Patients will be able to see what is written Document in real time Chart care in real […] G. A nurse is responsible for explaining nursing activities but not for commenting on medical activities in a way that may distress the client or the physician. What are healthcare records? Burns: heating pads, solutions, steam vaporizers. Our order and rules. Main idea 2# law influences in nursing A. 1. 2. This carries with it little legal liability other than obtaining the correct signature and describing the client’s condition at time of signing. There are three major sources of primary legal material, as follows. B. The medic … Duty of care is a fundamental aspect of nursing, and many nurses consider this to be an important part of their professional duties as a nurse. B. C. Revoking a license: Board of Examiners in each state in the United States and each province in Canada has the power to revoke licenses for just cause, such as incompetence in nursing practice, conviction of crime, drug addiction, obtaining license through fraud, or hiding criminal history. Necessary and adequate information should be transferred between professional health-care workers. Involvement in decisions Getting patients to be actively involved in decisions is a sign of respect for them, and is considered one of the most important aspects of … Our legal framework; As the independent regulator for nurses, midwives and nursing associates, what we do is set out by legislation. Failure to follow the hospital’s rules could be considered negligence. ... share all critical information with doctors, and adhere to legal and ethical standards of their work. Two different cases will be discussed and explored; an advance directive case involving a woman by the name of Marianne, and a malpractice case involving a nurse and the involved healthcare organization. Performing an abortion is legal but may not be considered ethical by other health care professionals or … F. A nurse should reveal client’s confidential information only to appropriate health-care team members. Consult a lawyer. Legal Aspects of Nursing Introduction The American Nurses Association (2004) (ANA) is promised to accelerating professional nursing purposes and highlighting the addition between well-educated medical practitioners and worth wellbeing care. Nurses are highly accountable to patients, the public, employers, and the entire profession. Law is the result of the minimum level of shared values or ethics of a community of people. The medic … Legal and medical nursing aspects of documentation, recording and reporting Med Law. Implications for nursing—need to obtain consent to treat, with special provisions when clients are underage, unconscious, or mentally ill. —protects health practitioners against malpractice claims resulting from assistance provided at scene of an emergency (unless there was willful wrongdoing) as long as the level of care provided is the same as any other reasonably prudent person would give under similar circumstances. an example of what? Legal and Ethical Aspects of Pain Management Acta Med Acad. It depends on your state, because each state has its own laws pertaining to this. The fact that a person is over 60 or 70 or 80 or 90 says absolutely nothing else about them. H. A nurse is responsible for recognizing and protecting the rights of clients to refuse treatment or medication, and for reporting their concerns and refusals to the physician or appropriate agency people. 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. Patient care is not just about the medical aspect of nursing. E. A nurse is legally responsible when participating in a criminal act (such as assisting with criminal abortions or taking medications from client’s supply for own use). Implications for nursing—make comments about client only to another health team member caring for that client. defines responsibilites. Legal aspects of nursing are therefore important to any nurse. It’s important to have a proper system in place so nothing is accidentally missed and as much detail can be entered efficiently as possible. This article – the first in a two-part series – explores the legal principles of informed consent in adults, considers why it is fundamental to the provisio… Legal Aspects of Nursing helps to thoroughly understand the relationship between the law and Nursing practice. B. American Nurses Association: “The practice of nursing means the performance for compensation of professional services requiring substantial specialized knowledge of the biological, physical, behavioral, psychological, and sociological sciences and of nursing theory as the basis for assessment, diagnosis, planning, intervention, and evaluation in the promotion and maintenance of health; the case finding and management of illness, injury, or infirmity; the restoration of optimum function; or the achievement of a dignified death. Sponge counts: incorrect counts or failure to count. Get an awesome nursing career ahead! We'll go over law, jurisprudence, incompetence, liability, negligence, and malpractice. Critically analyse how ethical, professional and legal issues underpin nursing practice. Standards of health, loneliness, housing, finance, mobility and capability are as varied as with any other age group. Nurses are highly accountable to patients, the public, employers, and the entire profession. Over the last 200 years, nursing has grown from an untrained job to a highly educated and respected profession. This lesson will introduce you to the basic legal concepts and terminology of today's professional nursing. What should be written in the nurse’s notes? Many countries in the 21st Century with the increase in global movement have become multicultural. Bridgit Dimond offers her legal knowledge in this abridged extract from her book, Legal Aspects of Nursing. The reality is that law is now fundamental to the study of nursing and underpins your relationship with the profession and with your patients. If you inform the physician and still carry out the task, both you and the physician could be considered negligent if the What does it mean for practice? B. Negligence: “Omission to do something that a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs would do; or doing something which a reasonable and prudent person would not do” (Brent N: Nurses and the Law. 2. This article deals with the importance of documentation, recording and reporting as a means of communication in daily medical and nursing practice. iThese d… B. D. A nurse cannot legally diagnose illness or prescribe treatment for a client. Read More. It is important for nurses to treat a patient's physical ailments as well as his or her emotional needs. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Examples of such actions include; homicide, manslaughter, theft, arson, rape, and illegal possession of controlled drugs or arms. Loss of or damage to client’s property— dentures, jewelry, money. Find out more below. This law requires all nurses to immediately report any suspected or known neglect, abuse, or exploitation of any patient (adult or minor) encountered in the professional setting. B. A. Should I follow a physician’s orders if (a) I know it is wrong, or (b) I disagree with his or her judgment? C. What can I do if the physician delegates a task to me for which I am not prepared? This will give you a detailed understanding of the law as it relates to nursing. Hurst Review Services: Caring: The Care of Nursing Practice. It points out the common deficiencies in this respect and describes the legal, clinical, medical and nursing implications of proper reporting. Main idea 2# law influences in nursing A. It points out the common deficiencies in this respect and describes the legal, clinical, medical and nursing implications of proper reporting. Competency 7 Legal Aspects of Nursing Care. Ethical and Legal Issues in Nursing Essay. This essay will discuss the underpinning professional, ethical and legal principles of nursing using the standards of conduct outlined by the professional regulatory body; the Nursing and Midwifery Council in the code of conduct (NMC 2009). Entries should: A. —wrongful action of communication that damages person’s reputation by print, writing, or pictures (libel), or by spoken word using false words (slander). Ethics regards standards of moral judgement and professional conduct. Within these legal and ethical issues the American Association Code of Nursing ethics, personal and societal values, legal aspects and legal responsibilities all affect decisions. However, if the nurse is a witness against the client, without the client’s permission to release information, the nurse must keep the information confidential by invoking the privileged communication rule if the state law recognizes it and if it applies to the nurse. The legal aspects of nursing are an area that is both extremely important and constantly changing. If called on the witness stand in court, do I have to reveal confidential information? Our order and rules. Purpose The purpose of this course is to instruct the nurse learner on legal aspects of nursing that could impact her licensure. Contraindications for being organ donator: HIV-positive status and metastatic cancer. In the nursing profession, instances of litigation can occur, despite healthcare professionals' best efforts in providing quality care. — information relating to condition and treatment of client requires confidentiality and protection against invasion of privacy. Mistaken identity—wrong client for surgery. Understanding legal aspects of nursing is important if you want to have a thorough knowledge of the nursing field. Nursing Theory: Jean Watson - Nursing Theorist. Legal Aspects of Nursing is the ideal companion for introductory and specialist study and uses a number of features to help enhance understanding: Practical dilemma boxes present the law working within the context of realistic scenarios. © 2020 Lakehead University. In this scenario. They are taught at school and every nurse is expected to uphold them throughout the nursing career (Brent, 2001). Even though ethics is not setting boundaries, it enables for a better understanding how and why ethical conflict issues arise. Our legislation. Ethics regards standards of moral judgement and professional conduct. Ethical and legal dilemmas arise when the health care provider and the patient, or the patient’s family, have differing opinions on appropriate care. Nurses are highly accountable to patients, the … All facts and information regarding a person’s condition, treatment, care, progress, and response to illness and treatment. Legal and Ethical issues in nursing Introduction The aim of this essay is to discuss the legal and ethical issues in nursing practice about gaining consent and why it is important. Read the latest News, Stories, and Events, Indigenous Student Services Centre - Thunder Bay, LUI Online International Student Services Community of Care, Why Legal Knowledge is Important for Nurses. Regarding (b)—yes, because the law does not allow you to substitute your nursing judgment for a doctor’s medical judgment. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. It is part of the public law. The implication is that if you commit a crime, you have committed an offense against society. Legal definition of brain death (Uniform Determination of Death Act)—absence of: breathing movement, cranial nerve reflex, response to any level of painful stimuli, and cerebral blood flow; and flat EEG. The nursing environment is full of situations under ethical and legal constraints. Many of the actions traditionally performed by nurses are being delegated to non-professionals, under the supervision of nurses. Generally, no. Tort: a wrong committed by one individual against another or another’s property. It is essential for all nurses to be aware of the importance of ethics in health care and to practice within the … Prohibits selling of organs (National Organ Transplant Act). The standard of practice of the College of Nurses of Ontario states that registered nurses must base their practice on an understanding and analysis of the legislation that influences nursing. legal aspects of nursing. Civil law (private law): law that derives from legislative codes and deals with relations between private parties. Fraud: misrepresentation of fact with intentions for it to be acted on by another person (e.g., falsifying college transcripts when applying for a graduate nursing program). legal. It makes sense to start our look at record-keeping by looking at some of the legal issues around it. Maintain fluid and electrolyte balance due to volume depletion. : in relations to establishing rules, these aspects involve regulatory mandates, in compliance with regulatory framework of conduct, which may be controlled by local, state, or federal legislation. Criminal law is an important aspect of public law and it deals with actions against the safety and welfare of the public. The law informs nursing at every stage and it is essential that you understand and are able to critically reflect on the legal issues relevant to nursing practice. When legal issues arise, the nursing documentation becomes a central part of proving whether standards of care were met or not. The text of the legislation for regulating nurses, midwives and nursing associates. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or simple procedures requiring consent. Along with compassion for your patients, you need a high level of professionalism and ethics to thrive as a registered nurse. It is important for nurses to realise that they are legally responsible for their own actions and that, although the EN works under the supervision of a Registered Nurse (RN), this does not relieve them of personal liability. Chapter 03: Legal and Ethical Aspects of Nursing Test Bank MULTIPLE CHOICE 1. Have all spaces filled in on documentation forms; leave no blank spaces. Lawis defined as a code which regulates nurses' conduct (their actions). This chapter highlights key legal issues that affect professional nurses. Guidelines regarding who can donate, how donations are to be made, and who can receive donated organs (Uniform Anatomical Gift Act). A. For example, if a nurse works with fetal monitors, she must know how to use the monitors, know how to read the strips, and know what actions to take based on the findings. A crime does not have to be intended (as in giving a client an accidental overdose that proves to be lethal). Law and ethics are related. Be accurate, factual, objective, complete, precise, and clear. Start studying Legal & Ethical Aspects of Nursing. The text of the legislation for regulating nurses, midwives and nursing associates. Legal, Ethical and Professional Issues in Nursing. Introduction: Ethics is an essential aspect of health care practice and those working in the nursing profession are often subject to frequent ethical dilemmas. The thrust of public law is to attain what are deemed valid public goals, such as reporting child abuse. The goal of this course is to educate nurses regarding their responsibility and accountability to patients and the complex issues involved in basic legal situations. Patients may experience stress about their conditions, injuries, procedures, surgeries, or recovery. What can or should be done for the patient versus the wishes of the patient’s physician conflicting with the personal beliefs the nurse holds to be true. you practice nursing and is the foundation on which nursing is built. The three main principles this essay will discuss are accountability, informed consent and dignity. Prospective donors of both organs and tissues: those with no neurological functions, but have cardiopulmonary functions. Legal definition: “the minimum standards of appropriate conduct within legal and regulatory parameters involving the duty owed to your patient and other members of your profession.” Submitting work vouchers for home care visits not made Breach of confidentiality 1 … It is the client’s privilege at any time to permit the professional to release information. Good record keeping is a product of good teamwork and an important tool in developing high-quality healthcare and reinforcing professionalism within nursing. Legal, ethical and professional aspects of duty of care for nurses Iwan Dowie Senior lecturer, Healthcare law, University of South Wales, Pontypridd, Wales Duty of care is a fundamental aspect of nursing, and many nurses consider this to be an important part of their professional duties as a nurse. Legal, Ethical and Professional Issues in Nursing Critically analyse how ethical, professional and legal issues underpin nursing practice. 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