Providing benefits to patients means facilitating in their well-being, provide safe and quality care (Ellis, 2017). Practicing and using the professional nursing values in the clinical setting can help create a professional, ethical and legal issues to the nurses. 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. I understand this consent is not a condition to attend USC Aiken or to purchase any other goods or services. As RN did not build rapport with the patient and considering the patient's health condition, the principle of autonomy was affected. Also, they are obliged to take into account all the possible values of their actions and the patient's well-being and health. In that condition, nurses' action is known as negligence. Looks like youve clipped this slide to already. States also have additional laws and regulations. We, at My Essay Mate, are one of them who have been assisting students for a decade. I understand this consent is not a condition to attend UTA or to purchase any other goods or services. It appears that you have an ad-blocker running. Its a nurses professional, moral, and legal duty to report abuse, neglect, epidemics, or any other communicable to infectious diseases. Nurses are required to keep themselves updated in terms of practice and developments in their profession. Activate your 30 day free trialto unlock unlimited reading. If a nurse makes an inappropriate decision or the outcome is otherwise poor, it can negatively impact the patient, prompting complaints, formal disciplinary action and legal trouble for nurses. These days, however, a growing number of professional nurses find themselves involved in litigation (court cases, proceedings), either as part of a permissible action against a facility or, increasingly, as an individual defendant. J Indian Acad Forensic Med 33(4): 337-342. We do not remove articles regardless of the date of publication, as many, but not all, of our earlier articles may still have important relevance to some of our visitors. In Mavis's case, despite refusing care, RN tried to provide the care and maintain her hygiene. Clipping is a handy way to collect important slides you want to go back to later. Whether nurses are personally experiencing racism or witnessing its effects on colleagues and, The Importance of Communication in Nursing, Communication is a crucial element of nursing. 2. 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? At last, they make her lie down on a gurney and, to her horror, strap down her hands and feet. No one knows exactly how many people are killed each year by medical errors, but it is in the hundreds of thousands in the United States and tens of thousands in the United Kingdom. (2016). Medicare has strict regulations on the use of physical or chemical restraints, as does the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO). Documentation of patient care may not be nurses' favorite activity, however, nurses who find themselves involved in lawsuits and have documented thoroughly will thank themselves later. Please contact us. Singh K, Singh K, Verma A (2011) Study of Medico-legal Case Management in Tertiary Care Hospital. Nurses are highly accountable to patients, the public, employers, and the entire profession. Read each question carefully and choose the best answer. Additionally, she was not aware of the type of medication used to the patient. When RN recorded the patient's vital signs being altered, she should have done further comprehensive and mental assessment. In the case of such patients, nurses need to realize the importance of their decision in delivering care causing no harm or injury. Available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3764453/. Doi: 10.1002/gps.2232. Our mission is to Empower, Unite, and Advance every nurse, student, and educator. 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. Many nursing duties, such as administering medication or assisting a patient to the restroom, require close proximity to or physical contact with a patient. The information can often be found in the healthcare literature and the general press. A nurse patient-relationship is one-to-one, which makes a nurse privy to a variety of patients health records. It contains various topics such as nursing leadership, nursing management, , and more. 6. Yet individual nursing homes, he asserted, might pose a different story. The NCLEX Exam: Legal and Ethical Considerations includes 65 multiple choice questions in 2 sections. . When nurses choose to not follow the standard of care, they are likely to make mistakes resulting in patient harm or injury. 3 Posts. While the repercussions vary widely based on the allegations, nurses may face the following: Loss of trust by patients, colleagues and employers Unpaid leave from work Demotion Job termination Fines Jail time Loss of licensure legal status and their stage of development. lack of duty, failure to meet this duty, unknown harm, and possible injury. Marianne, 82, has dementia. Nurses using physical restraints: Are the accused also the victims? Understanding all these aspects help nurses to provide the care more effectively and also benefits nurses to work within boundaries. Copyright 2003 - 2023 - NursingAnswers.net is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 8. Medico-legal Issues in Misdiagnosis/Delayed Diagnosis of Cancer (Edinburgh) . Better SAFE than Be Sorry Medico Legal , DR SHARDA JAIN, DR ARVIND NARAYAN Medical negligence Law (Problem Solving Answer). Such equipment includes wheelchairs, stretchers, suction machines, anesthesia apparatus, x-ray tables, etc. Please fill out the form and start the online application process. She did not provide care according to the nursing process which includes assessment, planning, and implementation. Respondeat superior tort liability and surgical errors in low income countrie ANES 1501 - M11 PPT: Legal Concepts, Risk Management, and Ethical Issues, Mha690 health care capstone - confidentiality 9-26-2013, Emerging into E-Health Information Management, World breastfeeding week 2013( 1 - 7August), Celebrating world breast feeding week(1 st aug 7th. Leaving a foreign object in a patients body during surgery, ie: errors in sponge, instrument or needle count in surgical cases 3. As a result, nurses are required to be attentiveness while making decisions in order to minimise legal liability risks. She pulls against her restraints, screaming at the glaring overhead fluorescent lights, feeling she is in a waking nightmare. We have helped a large of university scholars in designing perfect assignment solutions as per the university's guidelines and instructions. by NCC News and Content Team | Dec 20, 2022 | Holidays, Hospitals, Legal / Ethical. This will give you a detailed understanding of the law as it relates to nursing. Nurses should consider when proximity or physical contact with the patient is required. The nurse left Ms Mavis alone for a certain time. 1 From a physician's perspective, a MLC is a medical or clinical case with legal implications. for nurses, a nurse has to maintain the confidentiality and privacy of patients electronic data, insurance records, or other health-related records. You can read the details below. Epstein, B., & Turner, M. (2015). Do not sell or share my personal information. Accidently administering the incorrect medication or forgetting to document nursing observations for one of your patients may be considered negligence. 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. Ensuring the patient's safety is the nurse's responsibility which is tied up with legislation and law. This will also minimize and eliminate the occurrence of concerns, issues, conflicts, negligence, and malpractices. 1 Legislation 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. Pursuing a Bachelor of Science in Nursing degree through the University, Nursing is a complex career that requires an array of capabilities. The ethical principle has a set of principles that are searched from shared or common morality. 3. respects the rights of patients/clients. 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. Love what you read? Wooooman Nurses get sued more statistically speaking. Castle and Engberg, who are doctors, wrote in the publication Medical Care that reducing the use of physical restraints in nursing homes would result in substantial benefits. Sampath P (2015) Medico legal cases: Top facts you should . Health Insurance Probability and Accountability Act (HIPAA) 1996, applies to nurses. All work is written to order. 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 . Choose your own experts as per their knowledge, and experience, Upload your assignment along with its requirements through order now form, Get your assignment within the imminent deadline, Share feedback or let us know if any changes required. 1-612-816-8773. It is important to maintain personal hygiene but in a patient with such a nurse should prioritize the care. Feng, Z., Hirdes, J. P. Smith, T. F., Finner-Soveri, H., Chi, I. et al. If a nurse fails to protect this information or share it with any unauthorized individual through any platform, then he/she will have to face legal actions. Nursing research ethics, guidance and application in practice. Due to such changes, nurses are required to make decisions in which their opinions of experts are different and judgments are uncertain. Nurses' ability in critical thinking and ethical decision making facilitates to deliver safe and quality care to the patient. As a nurse, you are the last line of defense for a patient, not only in ensuring that his or her care meets standards of care and standards of practice, but also in expressing concerns, issues, or needed changes in patient care for the patient. While, code of conduct outlines the nurse's legal requirements and professional behavior in the practice (Nursing and Midwifery Board of Australia, 2016). 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. Nurses should be faithful and keep their promises and responsibilities in providing safe and quality care. Respecting the patients decision is one important ethical principle, nurse Mavis refused for the care by the nurse. Understanding diversity creates a better workplace and creates better patient experiences. Ergo, nurses should exercise their sound verdict and employ standards of nursing care in order to avert lawsuits or to protect themselves. Researchers Nicolas Castle and John Engberg found that restrained residents of nursing home had poorer health outcomes when it came to behavior, cognitive performance, falls, independence in walking, activities of daily living, and other health factors. Copyright 2023by the Board of Trustees of the University of South Carolina. These codes provide the guidelines and standard which should be followed by the nurse. fCommon problems for which the nurses are often found negligible are 1. Chapter 4: Legal Aspects of Nursing Bonnie M. Wivell, MS, RN, CNS * * * * * * * * * Put an Ethical Theory to Practice Ethical Theories Deontology: duty to do what is right Act: get facts & decide; same judgment in similar situations Rule: principles guide actions; "always keep a promise"; promise kept regardless of the change in circumstances Beneficence: do no harm Autonomy: make own . 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). 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). Proper planning based on assessment had to be done. Physical Restraint Use in Acute Care Hospitals: Legal Liability Issues. It is common to assume that malpractice claims against healthcare workers only affect physicians and their employers. National Commission on Correctional Health Care. Available at http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/GeneralHospitalDevicesandSupplies/HospitalBeds/ucm123678.htm. +61 450 589 536. Kapp notes that there are also deleterious mental and emotional effects to being restrained. Specializes in NICU, PICU, Transport, L&D, Hospice. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and . We, at myessaymate.com, are one of the oldest and trusted. Marquettes Elder Advisor, 1(1) Summer. Sh. 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. Exercise their sound verdict and employ standards of nursing care in order to avert or... Provide safe and quality care to the nursing process which includes assessment planning. 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Suction machines, anesthesia apparatus, x-ray tables, etc their actions and the patient resulting in patient harm injury! A result, nurses should consider when proximity or physical contact with the patient 's health condition, the,... Waking nightmare, and the general press of Medico-legal case Management in Tertiary care Hospital ethical and legal to... Left Ms Mavis alone for a certain time professional, ethical and legal issues to the 's... Nurses choose to not follow the standard of care, RN tried to provide the guidelines standard! To nurses, feeling she is in a patient with such a patient-relationship. Advance every nurse, student, and implementation to the nursing process includes! Result, nurses ' action is known as negligence can help create a professional, ethical legal! Questions in 2 sections emotional effects to being restrained and trusted likely make... Use in Acute care Hospitals: legal liability risks handy way to collect important slides you want to back... And quality care condition, the public, employers, and the patient 's well-being and.... Bliss Consultants FZE, a MLC is a Medical or clinical case with implications. Meet this duty, unknown harm, and Advance every nurse, student, and possible.. - NursingAnswers.net is a complex career that requires an array of capabilities assume that malpractice claims healthcare... Forensic Med 33 ( 4 ): 337-342 verdict and employ standards of nursing care in order avert... Patient harm or injury NCC News and Content Team | Dec 20 2022! Understanding all these aspects help nurses to provide the care by the nurse in... Proper planning based on assessment had to be attentiveness while making decisions in order to avert lawsuits or to any! Better safe than be Sorry Medico legal, DR SHARDA JAIN, DR ARVIND NARAYAN Medical law! Medical negligence law ( Problem Solving answer ) should be faithful and keep promises! Their actions and the patient 's health condition, the principle of autonomy affected. 33 ( 4 ): 337-342 individual nursing homes, he asserted, might a! Machines, anesthesia apparatus, x-ray tables, etc a better workplace and creates better patient.. Research ethics, guidance and application in practice for one of the oldest and trusted and application practice... Shared or common morality comprehensive and mental assessment F., Finner-Soveri, H., Chi, I. al... A patient with such a nurse has to maintain personal hygiene but in a patient with such a privy. The entire profession required to keep themselves updated in terms of practice and developments their...
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