Medicolegal principles underpin every move a clinician makes. Love what you read? Some essential details have been discussed by experts providing, The ANA collects, compiles, and announces the. Available at http://bmcnurs.biomedcentral.com/articles/10.1186/1472-6955-6-5. NURSING PRACTICE : Provides care in accordance with set standards of practice Treats all individuals and families with human dignity. 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. 6. Are you a student who is assigned with nursing legal and ethical issues or aged care assignments, then you may need adequate knowledge of the above-discussed issues? His research showed that an important factor causing nursing home and hospital personnel to avoid the requirements of the law is under-staffing. She doesnt understand why two young men in hospital uniforms are trying to lay hands on her. Bratz,J, K, A., & Sandoval-Ramirez, M. (2017). Based on her behavior Mavis required more than one RN but she was looked by only one RN which would risk harm and injuries to the patient. Ms the professional standard's view RN must deliver safe and quality care. Nursing and Midewifery Board of Australia, (2016). Info: 3087 words (12 pages) Nursing Essay The standard ensures nurses to provide safe and competent care to the patient. In addition, her coffee was cold when the breakfast tray arrived, but she drank it and now needs to urinate. knowledge of staff nurses regarding ethical and legal issues in nursing Authors: Hebsiba Ponnayyan SREE GOKULAM MEDICAL COLLEGE HOSPITAL AND RESEARCH FOUNDATION deepa m Deepa Dr. N.G.P. Nurses using physical restraints: Are the accused also the victims? Writing a proper and accurate assignment paper for such topics cannot be easy and therefore they need nursing assignment help. However, if the patient's careless conduct takes part to his own injury, the patient cannot bring a lawsuit against a nurse. What tax forms should I have ready to file in 2023? 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 . Create well-written care plans that meets your patient's health goals. If those people, such as CNA's, transportation team personnel and others don;t report the problem to the correct departments as well as the charge nurse about an equipment failure, how can the NURSE be the only one who is accountable for such issues? Competence: The nursing practice needs a high level of knowledge, degrees, and several complex skills. In such cases, nurses are required to adhere to the, Are you a student who is assigned with nursing legal and ethical issues or aged care assignments, then you may need adequate knowledge of the above-discussed issues? Nursing is an honorable and rewarding profession that allows you to serve humanity. She was responsible to think critically and make the decision accordingly. Feng, Z., Hirdes, J. P. Smith, T. F., Finner-Soveri, H., Chi, I. et al. I am, by the way, a Female nurse or a woman nurse, but never, ever a wooooman nurse. . Criminal law 3. Reitinger E, Heimerl K. Ethics and gender issues in palliative care in nursing homes: an Austrian participatory research project. Tsuruwaka, M. (2017). Failing to respond promptly to patient symptoms of impending disaster 4. Nurses are highly accountable to patients, the public, employers, and the entire profession. Code of ethics draws the nurse's commitment to respecting, promoting, protecting and upholding the patient's fundamental right (Nursing and Midwifery Board of Australia, 2016). Moreover, you get the following benefits and services with My Essay Mate. But then, in a few recent cases, nurses have found themselves in front of criminal charges and even jail terms due to medication errors that have led to patient death. Kapp says being over 65 is a risk factor in most hospital settings for having physical restraints used. Activate your 30 day free trialto unlock unlimited reading. Specializes in NICU, PICU, Transport, L&D, Hospice. The platform where you can get the. Defamation is referred to making some accusatory or false statements. Background:Ethical and legal issues are increasingly being reported by health caregivers; however, little is known about the nature of these issues in geriatric care. If you are the original writer of this essay and no longer wish to have your work published on the NursingAnswers.net website then please: Our academic writing and marking services can help you! The fee includes tuition fees, teaching materials, board, and lodging. The programme fee should be received at the MDP Office before the programme commencement date. This will also minimize and eliminate the occurrence of concerns, issues, conflicts, negligence, and malpractices. Ethically, this is the patient's decision and nurses must respect but being a registered nurse, it is a responsibility to provide quality safe care (Bratz & Sandoval-Ramirez, 2017). But when you are working as a registered nurse in a healthcare setting then it becomes your legal duty to fully comply with the laws. Medicolegal issues that have risen to the forefront include w Copyright 2023 All rights reserved with My Essay Mate. Dead is dead. In general, lawsuits against hospitals or physicians and nurses involve recuperation of money damages. A standard or rule of conduct tha tis established and enforced by the government as a means of protecting the public. Our nursing and healthcare experts are ready and waiting to assist with any writing project you may have, from simple essay plans, through to full nursing dissertations. Ergo, nurses should exercise their sound verdict and employ standards of nursing care in order to avert lawsuits or to protect themselves. Patient Safety and the ANA Code of Ethics. Should I Carry My Own Malpractice Insurance? allnurses, LLC, 175 Pearl St Ste 355, Brooklyn NY 11201 In addition, the nurse should also pay close attention to the concerns of the family members because they also are ones who often notice when a patient's condition has changed. Civil law It is necessary that the Government frames guidelines for the duration for which medical records are preserved by the hospitals so that hospitals are protected from unnecessary . Society for Microbiology and Infection care, Medical Negligence ( ), Basic principle of medicolegal management in emergency department, Forensic medicine medical negligence 2-bolam principle, Legal aspects up hospital administrators lect[1]. The nurse should see to it that all pieces of equipment are recurrently inspected, maintained, and are functioning suitably. since 2003, Your NursingAnswers.net purchase is secure and we're rated We've updated our privacy policy. S. LINDA Medico-legal Issues in Misdiagnosis/Delayed Diagnosis of Cancer (Edinburgh) . Free resources to assist you with your nursing studies! Patients are the core of professional and ethical nursing practice. Both organizations note that restraints should never be used for staff convenience or as punishment. Medico-Legal Journal is dedicated to promoting Medico-Legal knowledge in all its aspects. Nurses also noted in Lais interviews that staff shortages led them to increased restraint use. Studies in the USA have found that medicolegal issues relate mainly to iatrogenic harm, i.e. Ethical questions and challenges on nurses could arise with patients, family members, colleagues or other professions. Archives. Negative, demoralizing and unsafe working conditions contribute to medical errors, ineffective delivery of care and conflict and stress among health care providers. Nurses should be truthful to the patient and develop a trust relationship with the patient. In the case of such patients, nurses need to realize the importance of their decision in delivering care causing no harm or injury. Her mortification and terror are complete. Although ethics are considered to be a fundamental part of nurses' practice, they confront ethical questions from the clinical issues they face while treating patients and making decisions (Haddad & Geiger, 2019). This information can inform practice and lead to improvements in the quality of patient care. 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). This principle is important in resolving the ethical concern. The study concluded that there is a need to conduct in-service education programme on medico legal aspects in delivery of care. including the necessity to have written authorization from a physician, 2.) Free access to premium services like Tuneln, Mubi and more. She wets her nightgown. They did not have any concern regarding their profession, which involves medico-legal aspects. The Nursing Home Reform Act of 1987 (NHRA) was part of the Omnibus Budget Reconciliation Act of 1987 (OBRA-87) and strongly recommended reduction in the use of restraints. Whereas the patient's inability to making autonomous choices and decisions can affect the nurse's decision-making process (Tsuruwaka, 2017). Based on the seven standards of practice for Registered nurses (Nursing and Midwifery Board of Australia, 2016), RN in the given case failed to maintain the standard of care. PRESENTED BY: 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. While malpractice is a result of a nurse deliberately choosing to stray from standard of care protocols or professional duties, negligence tends to arise from a mistake or carelessness that causes the patient unintended harm. Medical malpractice is, perhaps, the most well-known area of health law to students and . Final year A case of malpractice must satisfy these four conditions: Negligence is very similar to malpractice but is usually differentiated by intent. Tap here to review the details. A registered nurse can be liable for negligence and malpractice when their actions result in serious mistakes. Therefore, it seems that arguments that restraints keep patients safe are inaccurate. Each day presents new challenges, unique patients and dire situations. 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. Nurses' ethics comes from medical ethics which is equally as important as medical ethics. A medico-legal case (MLC) applies to any case of injury or medical condition in which law enforcement agencies seek to investigate and fix the responsibility regarding the said injury or medical condition. While assessing her she looked confused, disoriented, anxious behavior and was refusing the care and assistance from a nurse. 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. Critical thinking should have been used in decision making (Airth-Kindree & Kirkhorn, 2016). On her first day of post-op, her vital signs were recorded within normal limits. The Health Consequences of Using Physical Restraints in Nursing. Oneshould know and understand their state nurse practice act so that onecan familiarize oneselfwith the rules. M.Sc. . When a nurse does not practice as an expected standard of care and competence then the nurse is exposed to taking legal action. 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. Updated: Mar 11, 2020 If not, you may need a nursing assignment help to prepare a wonderful solution. Those who are well aware of their legal responsibilities and obligations can better advocate for themselves or on behalf of their patients if a breach occurs. Nurses are required to make an ethical decision that might raise ethical dilemmas. Nurses must follow ethical guidelines to apply the principle of confidentiality in nursing practice (Airth-Kindree & Kirkhorn, 2016). so that onecan familiarize oneselfwith the rules. Click here to review the details. There are seven sets of principles and they are autonomy, beneficence, nonmaleficence, Justice, Veracity, Fidelity and confidentiality (National Commission on Correctional Health Care, 2019). In Mavis's case, despite refusing care, RN tried to provide the care and maintain her hygiene. Listened, If you are thinking of advancing your career by becoming a nurse manager, now is the time. Medico-legal issues in casualty and Hosptial. The suitable and best use of social media in relation to their workplace Balance the need to offer patient's care with pressure in order to be more efficient in using resource and time All work is written to order. According to the. Only those articles that have been published within the most recent months may be considered timely. Malpractice. Possible consequences for nurses who are involved in illegal activities include: Given the overall litigious nature of American society and the extent to which it infiltrates the healthcare system, nurses must learn the intricacies of the laws governing their profession. Healthcare is fraught with legal pitfalls that can have significant ramifications for uninformed nurses. The NCLEX Exam: Legal and Ethical Considerations includes 65 multiple choice questions in 2 sections. Click here to review the details. The Code of Ethics for Nurses serves the following purposes: It is a succinct statement of the ethical values, obligations, duties, and professional ideals of nurses individually and collectively. Legal / Ethical | Nursing Practices The Importance of Diversity in Nursing Diversity in nursing is an important concept for any healthcare organization to focus on. Our medico-legal experts work in many different areas of medical practice - bringing a broad range of skills, expertise and knowledge to clinical negligence and personal injury cases. Legal and ethical issues are prevalent in the health care industry, and in particular for the nursing practice, where nurses have daily individual contact. Promotes participation of individuals and significant others in the care Ensures safe 817-533-3118 or It is designed to: Nurses must refrain from openly discussing verbally or in writing patients' care with those who do not have a right of access to it. Instant Assignment Help on All Subjects - Get Upto 50% OffOrder Now, 24x7 Common law 2. Nurses' decisions in respecting a patient's rights and decisions and their decision in providing the best care to the patient. Requests for medico-legal reports are common and originate from a variety of sources such as police, lawyers, government tribunals, insurance companies or the patients themselves. Sharing real life scenarios can help other nurses know they are not alone. Failure to conform will be considered as derision of court and it will result in fine or imprisonment. 1. In that condition, nurses' action is known as negligence. This act protects patients confidential electronic information and allows patients to control their identifiable health information. Ed focuses his practice on medical malpractice defense. +61 450 589 536. Airth-Kindree, N, M, M., & Kirkhorn, L, C. (2016). This essay will also explain the code of ethics, code of conduct and ethical principle conflicts and elaborate on the possible actions that could be taken by the RN in providing care to Ms. Mavis. National Center of Continuing Education, Inc.: Legal Issues in Nursing, National Practitioner Data Bank, U.S. Department of Health and Human Services: Data Analysis Tool, Office for Civil Rights, U.S. Department of Health and Human Services: HIPAA for Professionals. While nursing is a rewarding career, providing care to others brings its own share of liability issues. 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. Dermatologists should nurture strong physician-patient relationships with proper informed consent and stay abreast of legal issues as they pertain to today's practice of medicine. The consumers/patients have right to ask the care they are entitled for. In some instances, practicing within an ethical environment is challenging. The defendant is compelled to execute the judgment. Published Mar 25, 2010. Disclaimer: This essay has been written by a student and not our expert nursing writers. Providing benefits to patients means facilitating in their well-being, provide safe and quality care (Ellis, 2017). Referring to the data submitted by 512 medical colleges in the country, the Apex medical education regulatory body, NMC has further revealed that 64 UG . Nurses make ethical decisions in patient advocacy in planning and delivering quality and safe care. Reflecting on the scenario, Ms. Mavis could have provided care based on patients priorities. Do not sell or share my personal information, 1. 2023 The University of Texas at Arlington Academic Partnerships This is one reason why nurses establish rapport at the beginning of the nurse-patient relationship. These nurses end up losing their jobs and their licenses, as well as their assets. i These duties are supplemented by the principles of beneficence . It also implies that a nurse should be aware of the hospital's policies and procedures, the state nursing practice act, and the professional standards of his specialty. http://corporate.findlaw.com/law-library/understanding-patient-restraints-a-hospital-s-decision-to-use.html. (n.d.) Understanding patient restraints: A hospitals decision to use restraints. 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. 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. By whitelisting SlideShare on your ad-blocker, you are supporting our community of content creators. As a result, nurses are required to be attentiveness while making decisions in order to minimise legal liability risks. The ethical principle has a set of principles that are searched from shared or common morality. She did not fulfill her duty by failing to provide person-centered care. +61 480 015 851, A high staff-to-patient ratio was associated with reductions in physical restraint use. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. National Commission on Correctional Health Care. lack of duty, failure to meet this duty, unknown harm, and possible injury. wrong; others are unsure about who bears legal responsibility for the care of the patient; and all are interested in how medico-legal risk is best managed. She pulls against her restraints, screaming at the glaring overhead fluorescent lights, feeling she is in a waking nightmare. Dr. VP Singh, an authority in medical law, as editor of the book has ensured that it remains useful in day-to-day practice. Nurses interviewed by Claudia KY Lai for a BMC study said they never apply restraints without some rumblings of conscience, yet they say they must use restraints to keep patients safe. She also looks pale. Reflecting on the given scenario, Ms. Mavis 70-year-old retired nurse underwent laparotomy surgery.