A bachelor's degree in nursing (BSN) is typically a minimum educational requirement, but a Master's of Science in Nursing (MSN) with an educational specialization is recommended, along with leadership skills necessary to teach other nurses.1Despite the push for all nurses to attain their BSN, varying levels of education (with different levels of clinical experience) are still present in the nursing workforce. The nurse should consider patient’s autonomy before administering morphine. Critically analyse how ethical, professional and legal issues underpin nursing practice. According to Australian constitutional law the patient have the first right on information regarding his medical condition and it is on his discretion that with whom this information should be shared. Free resources to assist you with your university studies! When the medical practitioners communicate with the patients, being honest is a fundamental way to develop trust and respect for the patient. Evidence-based information on legal and ethical issues in nursing from hundreds of trustworthy sources for health and social care. Additionally, nurses are expected to work together with other health practitioners and care professionals or agencies, service users, carers and communities, and extended families, to ensure decisions made about patient care adhere to shared values.xii, The current legal framework in the UK includes statute law and case law. According to the constitution of Australia, it is not at all acceptable to claim the life of a person for any medical reason and direct any medications without his consent. No plagiarism, guaranteed! Laws determine and set boundaries and maintain a standard of nursing practice. In England and Wales, the Family Law Reform Act 1969 states that a person who is 16 or 17 years old has a statutory right to consent to treatment, under section 8, a minor aged 16 or over is considered an adult and has the legal rights which flow from this categorisation. At the end of 2013, 80% of hospitals and 50% of healthcare providers implemented EHRs.1 But, the … Our members represent more than 60 professional nursing specialties. There is also legal implication with the fact that a patient is being treated without her consent and it is also violation of the law which gives a patient right to refusal for treatment on her body. From neonatal to hospice, and everything in between, nursing comes in a wide variety of specialties, each with its own set of challenges and triumphs. In such a situation, palliative care specialists can be proved quite helpful as they can provide resources to help the patient and his family deal with emotions that come with a serious illness. A burns nurse cares for patients who have suffered serious burns. (Carlson et al. The law provides a framework for establishing nursing actions in the care of clients. The family also desires that the nurse should not tell the patient about the medications prescribed to him. This can be in court or with insurance companies, healthcare providers, and other agencies. Legal nurse consultants are highly educated RNs who work as experts on cases involving medical issues. Recent issues like nursing shortages and hospital cost-cutting initiatives have placed extra burdens on nurses, increasing their workloads and the margin … How do effective nurse leaders and others approach problem solving and decision making in organizations. Looking for a flexible role? The NMC (2008) provides strict guidance about the nursing practitioners code of practice and the accountability that members of the profession should have towards patients in their care; it is in light of this that nursing professionals have a responsi… No state or federal laws prohibit an NP from practicing in a specialty area. Autonomy– The main principle of autonomy is that the patient should have adequate information about his condition so as to make a significant choice of treatment (Moulton & King 2010). The nurse should properly converse with the patient and make sure that the patient is well aware of all available treatment options (Johnstone 2011). Excerpts written by Shelda L. Hudson, RN, BSN, PHN. “We’ve seen a number of issues coming to a head, in particular at the Pinecrest Nursing Home in Bobcaygeon where 29 residents and the spouse of a resident have died due to COVID-19.” Advanced practice. The demand for nurses is continually growing, and the nursing career path offers many worthwhile benefits such as strong salaries, numerous opportunities, and a feeling of fulfillment. The patient must be considered competent to make the decision, as in other circumstances a breach of confidence m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Our papers are delivered strictly on time without delay, The Essay is Written From Scratch for You. All work is written to order. The health professional should motivate the family introducing them the benefit of therapeutic discloser and harmful effects of concealing information e.g. More and more nurses are being named defendants in malpractice lawsuits, according to the National Practitioner Data Bank (NPDB). For example many patients want to sign DNR (Do Not Resuscitate) forms to ensure that no attempts should be made to revive them if they are close to death. However, if the conditions are presented in an undignified manner then it is possible that it may create a negative picture of the situation in the patient’s mind and in that case it is obvious that the sufferings and stress of the patient would increase instead of decreasing and the patient may lose the hope to live (Li et al. The Disciplinary Process 2. xv. awareness of your own values – is the true basis of the best nursing care under conditions of uncertainty. It is focused on providing comfort and relief from the pain and the other distressing symptoms of a serious illness. Citation: Hutcherson, Carolyn M. (September 30, 2001). There are fourteen key concepts which outline the ethical standards and responsibilities expected of a doctor. These are the most prevalent issues nurses face. Types of Nursing Specialties: 20 Fast-Growing Nursing Fields With the nursing field constantly evolving, there are a variety of different types of nurses you can be. A Forensic Nurse expert witness gathers evidence from victims of sexual assault and trauma, and testifies in court as part of the criminal justice system. 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. Company Registration No: 4964706. In 2001 a study found that there was a perceived need for more advice on ethical dilemmas within the health profession, after increasing legal cases and public inquiries.iii As a result, various Clinical Ethics Committees (CECs) and Research Ethics Committees (RECs) were established within the UK to provide comprehensive ethics support. The neonatal period is defined as the first month of life; … Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Patients need a palliative care to support their long and slow treatment procedure Tang, (2006, p. 360). AMA Queensland emphasize that health professionals should respect the ‘autonomy’ terminally ill patients in order to refusal and acceptance of their medical treatments. It can also be one of the main reasons of moral distress on them. Immigration law practice areas include: Asylum/refugee law Legal Issues The 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. 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. Nursing specialties - there are over 25 areas of specialization in nursing available in Australia. To be registered, it is a general rule that nurses must undergo education in addition to personally indicating through performance and training that they intend to follow ethical standards to retain a licence for nursing.v. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. (ACMA 2011). What they do: Currently, nurse educator is the nursing specialty in highest demand; a survey in 2010 found that 56% of nursing schools in the United States had nursing educator positions open. It is also agreed by many experts of palliative care that increased stress would also impact the ability of the patient to cope with the trauma Oonagh (2009, p.123). Immigration law focuses on the legal issues and policies relating to immigrants who come to the United States on a temporary or permanent basis. Trusts & Estates Law: This practice area is unique in that it brings the practitioner in close contact with the personal lives of clients. Practicing without a current and valid license is illegal and it amounts to pra… Find out more below. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. The Human Rights Act, Article 8, also allows people to take action against public authorities who have no upheld their right to a private life. A. Search results Jump to search results. 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. Legal Issues The 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. Remote area nursing These specialist nurses work individually or in a small team to provide health care to population in geographically isolated areas. It also provides detailed information about the various significant steps that should be taken to handle these types of ethical dilemmas. Remote area nursing These specialist nurses work individually or in a small team to provide health care to population in geographically isolated areas. xvii Nurses require a sound understanding of the associated ethical and legal principles in order to make such a judgment, and this is best understood by implementing stringent teaching and education procedures prior to practicing in a health clinic to ensure they can apply principles of health care and ethics. Beneficence- The principal of beneficence as a ‘do good’ describes applications of interventions that are carried out by nurse and physician for the benefit of patient .It also include the protection of right of health service consumer (Staunton & Chiarella 2008). Rural nursing The PHKAN has now conferred 2289 Fellows from 14 accredited Colleges in the specialty areas of cardiac, community and public health, critical care, education and research, emergency, gerontology, medical, mental health, midwives, nursing and healthcare management, orthopaedic, paediatric, perioperative and surgical nursing. It is a legal right of every Australian citizen to have complete and correct information about their medical situation. In these cases this is an area that needs to be carefully explored with patients to ensure their wishes are respected and they are included in the information process in the way that they wish to be.” In this scenario nurse should communicate with the family members in order to convince and find out their preferred way to disclose the diagnosis and prognosis of disease. Neonatal nursing is a sub-specialty of nursing that works with newborn infants born with a variety of problems ranging from prematurity, birth defects, infection, cardiac malformations, and surgical problems. B.American Nurses Association: “The practice of nursing means the performance for compensation of professional … It is totally unfair to withhold the truth from the patient about his existing health conditions, especially when the patient is capable enough to give the consent about various medications and procedures. VAT Registration No: 842417633. Now the questions that arises here is that if the nurse does not disclose the truth to the patient then what would be the legal implications. Specialty areas include OB-GYN, trauma, med-legal consulting, forensics, and education. The American Association of Law Libraries endorses LegalTrac, and its special advisory committee selects, reviews, and … Legal Specialty Areas: As you look for a job, you need to be extremely familiar with different legal specialty areas. It also provides a firm support to the family to cope up with the patient illness and also includes bereavement support for the family. In the modern world, there are a number of nursing specialities. A.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. The PHKAN has now conferred 2289 Fellows from 14 accredited Colleges in the specialty areas of cardiac, community and public health, critical care, education and research, emergency, gerontology, medical, mental health, midwives, nursing and healthcare management, orthopaedic, paediatric, perioperative and surgical nursing. The NMC contains guidelines regarding the expectations of particular duties such as confidentiality, medical research obligations, consent rights, and autonomy. Nurses are highly accountable to patients, the public, employers, and the entire profession. In the Nursing and Midwifery Order 2001, the Nursing and Midwifery Council (NMC) must establish minimum standards and requirements for nursing education in professional and ethical issues.iv The NMC is an organisation established by parliament to protect the public and regulates the medical and nursing professional standards using the Register of Medical Practitioners (RMP). The nursing practice is expected to comply at an individual level with these guidelines on a daily basis. Ethics regards standards of moral judgement and professional conduct. There is a range of statutes impacting health care in the UK, as well as international standards. With an adult patient it is relatively important to understand the concept of death and disease and they can take a realistic approach towards it by spending their remaining time in a productive manner saying good bye to dear ones and taking care of all formalities before meeting a demises. Ambulatory care nursing 2, Manuscript 5. Nurse should access the risk of interventions that she /he is doing. Tingle and Cribb (2002) identify that one of the key areas that highlights the development and maturing of nursing practice within recent years is that there is more of a focus on developing nurses understanding and knowledge surrounding the concept of ethics and law. A number of medical professionals from different fields of medical sciences are constantly working on developing and designing new measures to provide the best palliative care to the patients who are suffering from serious illness. sirI is a Senior Administrator for allnurses.com. We're here to answer any questions you have about our services. This is not an example of the work produced by our Essay Writing Service. Together, the GMC and BMA act to provide guidance for nurses and other practitioners to assist in ethical decisions, however it should be noted that these decisions are highly personalised, dependent on the patient and situation, and often subjective therefore unable to be entirely answered by these guidelines. 19, No. Legal nurse consultants are valuable in that they bring clinical experience, medical education, and a scientific background to the legal arena, assisting attorneys in the litigation process. Download a PDF copy of this Fact sheet - Advanced nursing practice and specialty areas within nursing - May 2020 (139 KB,PDF). The nurse’s education, license and nursing standard provide the framework by which nurses … Ethical issues in nursing contain all the tough decisions the healthcare profession faces each day in caring for society. Legal issues and regulations play a dominant role in nursing practice today. Home All Journals Issues in Mental Health Nursing List of Issues Volume 41, Issue 11 2019 Impact Factor. Palliative care uses a team approach to handle the needs of the patients and their families. Telling truth is not harmful for patient it will cause the peaceful death(O’Sullivan 2009). 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. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. If a person has capacity to decide their medical care the patient will consent to their medical treatment. Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. Medication Errors. In 2015 the IOM Committee for the Evaluation of the Impact of the Institute of Medicine Report on The Future of Nursing assessed the changes to the field of nursing and peripheral areas over the past five years as a result of the IOM report on the future of nursing . This case study has proved very beneficial in developing a very in depth understanding of the various medical laws and legal problems which are faced by the health professionals. (Collis 2006) suggested that before disclosing the information to family members it is must to seek the patient’s consent. In 2015 the IOM Committee for the Evaluation of the Impact of the Institute of Medicine Report on The Future of Nursing assessed the changes to the field of nursing and peripheral areas over the past five years as a result of the IOM report on the future of nursing . 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. Correctional nursing specialists. Neonatal nursing is a sub-specialty of nursing that works with newborn infants born with a variety of problems ranging from prematurity, birth defects, infection, cardiac malformations, and surgical problems. When the wrong drug is administered, the wrong dose is given or the wrong mode of administration is used, a medication error has occurred that can have serious … ANA is proud to work with our affiliate partners to help members connect, share information, and collaborate with other specialty nurses. Even the court of law has approved this argument that if the doctor and his medical team prove with an evidence that the information would have a devastating effect on the patient then they have a full power to hide the information from the patient or they reveal the truth to the patient when they believe it is appropriate time to tell Seymour (2004, p. 165). • Ethics is the attempt to identify norms or standards of right or good behaviour. Some professionals consider such types of suffering more badly than death. Standard of Care 5. Words like 'liability', 'negligence' and 'malpractice' probably never entered your mind. It should be the duty of every medical professional that in any situation he should not break any of the legal obligations. Do you have a 2:1 degree or higher? Although there are many textbooks and periodicals that discuss legal issues in nursing, it is best whenever possible to study the primary legal material as well. ii These are professional duties which become legal duties if any legislation or policies are breached during practice. Constantly changing values in health, behavioural science, and society mean that medical practitioners must be aware of new ethical issues for the medical sector, and learn how to respond appropriately. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. From simple essay plans, through to full dissertations, you can guarantee we have a service perfectly matched to your needs. 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. Criminal Conduct 4. Reference this. Please refer to an authoritative source if you require up-to-date information on any health or medical issue. At the Leichter Law Firm, we may be able to help you understand the following aspects of nursing license defense: 1. Legal, Ethical and Professional Issues in Nursing. The administration of medical treatment including palliative care is already governed by a legal regime. While the degree to which regulatory/legal, institutional and cultural barriers can vary, common themes emerge when reviewing the status of APRN practice in various countries. Ulysses et al (2011) asserts that in health practise the therapeutic nondisclosure may lead to frustration which in turn affects the practitioner’s responsibility towards his patient and his family. Ethical and Legal Issues in Nursing are applicable for any nurse, from beginner to expert. “The situation is fairly dire for nursing homes and long-term care facilities throughout Ontario right now,” says Joffe, who is hosting a webinar on the issues facing long-term care facilities. allnurses is a Nursing Career, Support, and News Site. TPAPN 6. Available: www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/TableofContents/V… 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. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below approved by the NMBA in August 2019. 1 … administer medication without consent. This will give you a detailed understanding of the law as it relates to nursing. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. In doing so, you will consider the type of practice which may best suit your intellectual and lifestyle concerns. Patients show a great deal of trust in their physician and they may feel deceived if they discover that there is lack of honesty by the physician. There are various palliative regimes which are applicable for other diseases, such as cardiac or renal disease, so as to help the patient to cope with the suffering (Johnson et al. This regulation ensures that dignity and privacy of the patient is maintained and there is no legal or ethical negligence from the doctor in the entire transaction Vickers, (2004, p.232). Whether court sides with students or nursing programs depends on various factors 11/10/2017 According to Criminal Code (Palliative Care) Amendment Bill 2003. There are also some jurisdictional differences within the UK with Scotland and Northern Ireland having separate legal systems.xiii For instance, in Scotland a person can appoint an attorney of welfare to make medical treatment decisions if that person becomes incompetent, under the Adults with Incapacity (Scotland) Act 2000, yet this is not an option in England. Nurses are highly accountable to patients, the public, employers, and the entire profession. i These duties are supplemented by … Their duties may include reviewing and summarizing medical records, serving as expert witnesses, investigating patient claims, auditing medical bills, and more. To its credit, this new edition of Fundamental Aspects of Legal, Professional and Ethical Issues in Nursing offers many practical signposts to good practice, but … Describe “best practices” that protect your license and position, influence quality of care and reduce risk. “Section 282A does not address consent. This result in deteriorating in her physical health and she may ask question about her situation and prognosis of the disease. Laws determine and set boundaries and maintain a standard of nursing practice. There is a wide range of speciality fields available for nurses and midwives to work in. Unauthorised administration of medical treatment would be assault”. The Department of Health issued a Health Service Circular 219.99, which mandated some requirements of a new nursing education programme. If a patient expressively states that he doesn’t wish to share his medical information with his family then it is legal obligation of hospital and medical professional to maintain the wish of the patient. Top … These certifications are specialty specific such as a Med-Surg certification, Neonatal, Gero, etc. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on UKEssays.com then please: Our academic writing and marking services can help you! Which mandated some requirements of a serious illness ethics is the attempt to identify norms or standards right. May work for the government, a company registered in England and Wales, med-legal consulting, forensics and. Making in organizations their careers nurse cares for patients who have suffered serious burns and '! Nursing license defense: 1 geographically isolated areas other distressing symptoms of a doctor, 'negligence ' and '. With the definitions below legal issues in speciality areas in nursing legal issues arise, the nursing profession because enjoy! 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