All other trademarks and copyrights are the property of their respective owners. an obligation that can only be enforced by civil penalty. This position is supported by the ANA’s code of ethics and NCCHC‘sStandards for Health Services in Prisons (standard P-I-07). Before a medical procedure takes place, it is the nurse’s responsibility to obtain informed consent. She knows that you work in a hospital, so she asks you if you can help her get on the pill. Achieving and staying true to professional nursing values while practicing in the correctional setting can create a unique set of ethical, legal and professional issues for the nurse. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. No, she is under 18 so you must tell her parents of her health issues. In the practice of nursing, legal and ethical issues often arise, and the nurse must understand them and take appropriate steps to address them. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. The patient told the doctor that he plans to kill himself and his wife as soon as he gets home from the doctor's appointment. Failure to provide inmates with access to health care to meet their serious medical needs can be litigated under the Eighth Amendment as deliberate indifference or under the 14th Amendment as a civil rights violation. as an obligation that can be enforced by law. When we talk about patient rights, who does this cover? Contact us by phone at (877) 266-4919, or by mail at 100 View Street #202, Mountain View, CA 94041. Another area of ethical concern is the nurse’s responsibility for ensuring that patients have access to care. Good luck! Inmates have several ways to access health care, such as by submitting a request slip or form. back Ethical and Legal Issues in Nursing Practice Ethical and legal issues have harmful consequences. © copyright 2003-2020 Study.com. Correctional nursing allows the nurse to practice the essence of nursing while recognizing that all patients have intrinsic value. You can skip questions if you would like and come You can view your scores and the answers to all the questions by clicking on the SHOW RESULT red button at the end of the questions. In contrast, the correctional nurse may face ethical situations daily. Therefore, it is very much important for students to do … Informed consent is allowed between two adults over the age of consent by local jurisdiction who have discussed their health history in detail. The nurse may determine that the patients’ health needs can be managed within his or her scope of practice, or determine that a higher level of care is needed and refer the patient to a midlevel provider or physician, or refer for transfer to a health facility that can provide the care that is needed. A known duty, foreseeable harm, ethical and moral discussions, and historical context of injuries. One ethical dilemma that can occur in healthcare facilities is when nurses themselves are not properly equipped to complete their duties. Because it helps the doctor make an accurate diagnosis, Because it makes the appointment go more smoothly. This paper will explore the ethical and legal issues encountered by nurses in … Explain nursing regulatory mechanism and medico legal case. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. These principles serve as a guide to the nurse in making ethical decisions. a known duty, failure to meet this duty, foreseeable harm, and an injury must have occurred. When choices need to be made concerning ethical issues, but the “best” course of action isn’t clear and the treatment options aren’t ideal, nurses are often faced with an ethical dilemma. appear. It is always appropriate for the nurse to follow up to evaluate the inmate’s response to the intervention. Why is doctor-patient confidentiality important? [This column appeared in the Winter 2011 issue of CorrectCare. Legal IssuesThe 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. Consider the legal concepts and ethical issues described in your textbook as related to nursing practice. Nurses often feel uncomfortable in addressing the ethical issues they encounter in patient care. As a nurse myself, I knew the drill but I was very uncomfortable. Title: Ethical and Legal Issues in Nursing Practice. Click it to see your results. When the patient's initial decision may do more medical harm than good, When the physician is better educated than the patient, Never; patients, or their legal guardians, always have the right to make their own treatment decisions, When the patient is intoxicated or has suffered a brain injury. Based on your results, we'll create a customized Test Prep Plan just for you! back The code delineates the ethical standards for nurses across all settings, levels and roles, setting expectations as well as providing guidance. I recently had a bilateral mastectomy and breast reconstruction at a major Boston hospital. impose a duty to conform to a specific standard, applies to specific professionals, and can be enforced. i These duties are … An agreement of how much the nursing staff will be paid for their service. Justice (fairness, equitability, truthfulness)5. What are the three main components to a law as pertains to the nursing profession? Ensure that all nurses within the nursing profession were on the same page and had the same vision of nursing. Education plays a key role in understanding these matters, as well as the knowledge of legal concepts like licensing. • Harm can mean deliberate harm, risk of harm, and unintentional harm. Ethical ConcernsFor the nurse in a traditional medical setting, ethical decisions occur occasionally and at times the nurse may face ethical dilemmas. She asks you to go for a walk with her and then confides in you that she wants to start taking birth control pills but does not want her parents to know she is sexually active. Legal and Ethical Issues in Nursing Explained. We'll review your answers and create a … Ethical & Legal Implications in Nursing Practice P R E S E N T E D B Y: K E L L I … You are given one minute per question. Professional ethics involves the use of reasonable and regular communication, information, medical skills, emotions and doctrines in nursing practice. The nurse’s education, license and nursing standard provide the framework by which nurses … Great OpportunityNurses practicing in the correctional health specialty face many challenges; despite the challenges, correctional nurses have a great opportunity to contribute in positive ways to improve the health of this vulnerable population and to have a larger impact on the greater public health. impose a duty to conform to a specific standard, applies to all nurses, and can be enforced. Regardless of the method, the nurse has a legal and ethical obligation to respond to the request for care. 75). Due to rapid advances in medical practices and technologies, nurses and other healthcare professionals often face the challenge making decisions where lawmakers and the court have not established laws for new procedures and practices. The fact that the patient is incarcerated is only a circumstance of his or her situation and does not, and should not, change how the nurse practices or how the nurse views the patient. Under which of the following conditions would it be appropriate for a doctor to reveal confidential medical information about a patient? Nurses must know the legal & ethical issues regarding patient care. It is a fact that nurses encounter many situations where their ethical codes are tested. as the improper or inappropriate care of a person. It varies from one state to the next and from one country to the next. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Binding legal document to protect all involved within the service agreement. an obligation that cannot be enforced but is a duty of all citizens. Ethical and Legal Issues in Nursing Essay. 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. Fidelity (remaining faithful to one’s commitment). Acts of omission and commission will also subject the nurse to litigation and professional license review. ], Back to Correctional Nursing Practice Series, Call for Proposals 2021 Correctional Mental Health Care Conference, COVID-19 Coronavirus: What You Need to Know in Corrections, Guidelines, Management Tools, White Papers, Study of COVID-19 in Correctional Facilities, The Health Status of Soon-to-Be-Released Inmates, Health Care Professional Certification (CCHP). The belief that what you tell the doctor will stay private. No, you have no confidentiality obligation to the girl or her parents and can choose how to handle the information. What is the name of the federal law that addresses privacy of patient health information? The mission of nurses is to provide health care of … Separate nursing from other healthcare disciplines as one to uphold the highest standards of patient care. 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. Based on the information provided, the nurse must determine the type and level of nursing intervention required, and then implement an action. In some prisons, nurse participation in execution may arise as an ethical issue. appear. Chapter 3 LEGAL AND ETHICAL ASPECTS OF NURSING PRACTICE OBJECTIVES • Define the key terms/concepts • Discuss the distinctions between criminal law and civil law • Explain legal responsibilities and obligations of nurses • Discuss various legal issues that arise in nursing practice • Access, compare and contrast the Code of Professional Conduct for Nurses… Nurses need to fully know their duties and contents and incorporate them as a framework for their professional work. to them later with the "Go To First Skipped Question" button. However the nurse is apprised of an inmate’s health needs, the nurse must document the health needs, how notification of the health need occurred, actions taken and the patient outcome. If the communication is from the officer to the nurse, the nurse has a responsibility to speak to the inmate. Which of the nine provisions within the Code of Ethics for Nurses is considered the most vital? the science of law which argues that ethical and moral discussions have no context to law. as the omission or commission of an act which causes injury to a person. All of these are equally important parts of consent. Discuss the … Even when medical and law practice change, the basic nursing ethical principles remain firm. Patients die while incarcerated and the nurse has a role in helping the patient to die with dignity and comfort. the science or philosophy of the law, which focuses on recent research findings to determine the historical context of law. To encourage people to assist another person who is ill or injured in an emergency, To promote the parable of the Good Samaritan, To recognize people who do good deeds for strangers, Informed Consent, American Hospital Association, Patient's Bill of Rights, Good Samaritan Law, Informed Consent, Affordable Care Act, Patient's Bill of Rights, Good Samaritan Laws, Informed Consent, Hippocratic Oath, Good Samaritan Laws, Affordable Care Act, The list of rights that all patients enjoy when hospitalized, There is no such thing as a Patient's Bill of Rights, The list of rights at the end of the Constitution of the United States, There are different lists that address different things a patient can expect from the health care community. A complete guide to applying the law and ethics in nursing, across settings Useful as both a learning tool and a professional resource, Pearson eText for Legal and Ethical Issues in Nursing is a comprehensive review of legal and ethical issues for nurses at all levels of education and licensure — and in all clinical settings. 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. Yes, you must keep her secret because of HIPAA. Click it to see your results. The ANA Code of Ethics is intended as an aid to these difficult decisions. to them later with the "Go To First Skipped Question" button. Finally, professional practice is an area that can create ethical concerns for correctional nurses. The patient is diagnosed with the common cold. The nursing ethics foundation centres on the fundamental components of nursing care. Content will include ANA Code of Ethics, ethical principles/concepts and strategies on how to manage ethical dilemmas and legal practice issues. Good luck! Study more effectively: skip concepts you already know and focus on what you still need to learn. A nurse has a legal responsibility to put the patient’s needs first, protect the safety of every patient, and act as patient advocate with every patient encounter. Some of the basic elements concerned to the nursing profession are discussed below by our experts providing help in legal and ethical issues in nursing. Yes, you must keep her secret because you don't want to violate her trust or privacy. Every patient has… on your results. Sciences, Culinary Arts and Personal In response to the need for nursing input into social and legal issues, nurses now find career opportunities as forensic nurses, legal nurse consultants, and nurse-attorneys (Blais & Hayes, 2011, pg. the philosophy of law that considers societal views. Nurses are having more and more difficulty distinguishing between ethical and legal aspects of nursing practice as health care becomes more and more complex. In a maximum of 300 words, post your response to the following: A co-worker nurse is admitted to your unit after a car accident. — Mary V. Muse, MS, RN, CCHP-RN, CCHP-A, is the chief nursing officer for the Wisconsin Department of Corrections, Madison. The correctional nurse can find support for ethical decisions by referring to the American Nurses Association’s code of ethics. The basis for litigation can relate to negligence, failing to exercise the level of care that a reasonable, prudent nurse would under similar circumstances; malpractice; and professional negligence, which means an act of neglect committed in the nurse’s professional role. A 15-year-old girl lives next door to you. an obligation that can be enforced by law. Responsibility and accountability “ nurses demonstrate professional conduct and practice in accordance with standards of nursing practice determined by the regulatory board and accept that the primary duty is to ensure safe, competent and ethical nursing care to the client” (Singapore nursing … Ethical Issues Practice Tests Below are recent practice questions under UNIT VIII -LEGAL AND ETHICAL ISSUES IN NURSING . Moral obligation for both parties involved to remain as one unit until both parties mutually agree to separate. In the correctional setting, the patient is at the core of professional nursing practice. When you have completed the practice exam, a green submit button will Nurses are highly accountable to patients, the public, employers, and the entire profession. As stated above nurses are faced with many personal and professional dilemmas in their daily duties. A face-to-face discussion would be best, but the nurse could also first speak with the inmate by phone, making sure to ask the right questions, and then determining if the inmate should be moved to the medical unit or if the nurse should go to the inmate’s housing area. The patient's son calls from out of state to ask how the patient is doing. Just like other healthcare professionals, nurses need to practice according to a complex web of federal and state statutes – while they make decisions in an ethically responsible manner. Informed consent means that the patient has all the information needed to make a decision that is right for him or her. A guarantee that no one will know about your private health issues. a known duty was established, there was a failure to meet this duty, resulting foreseeable harm. Ethical legal decision-making dilemma for the nurse practitioner In creating an ethical and legal decision-making dilemma involving an advanced practice nurse in the field of a family nurse practitioner (FNP) I will be choosing the practice dilemma of honesty versus withholding information. the science or philosophy of the law, which can include ethical and moral discussions, societal and political views, as well as, the historical context of law. The nurse wanted me up and walking after the surgery (“Promoting Nursing Students’ Ethical Development in the Clinical Setting,” Teaching for Practice, November 2017). Understanding the purpose of the proposed treatment, Understanding viable alternatives to the treatment, Understanding what exactly the proposed treatment entails, including the risks, Understanding the physician's personal, moral feelings on a treatment. Background: Everyday ethical issues in nursing practice attract little attention but can create stress for nurses. When was the most recent draft of the Code of Ethics for Nurses finalized by the American Nurses Association House of Delegates? Correctional nurses can be especially vulnerable to litigation because the correctional patient population has a constitutional right to health care. The Health Information Portability and Accountability Act of 1996. Earn Transferable Credit & Get your Degree. Informed consent is an agreement that is given by uniformed public servants. Choose your answers to the questions and click 'Next' to see the next set of questions. Only to someone who took an approved first aid course through the American Red Cross, Only to the first person upon the scene where a person is injured or ill, Only to physicians, nurses, first responders. Compounding this, inmate-patients encounter nurses more than any other type of health care provider. Make sure there was a document in place to support any disciplinary action that needed to be acted upon. All rights reserved. You can skip questions if you would like and come Topics: Nursing Jurisprudence, Ethical Considerations, Legal Considerations. Nonmaleficence (avoiding harm)4. The correctional nurse is in a unique position to evaluate the quality and effectiveness of patient care. What are the four elements to negligence? In case nurses fail to fulfill their ethical and legal duties then they have to face legal and ethical issues. This column is coordinated by Lorry Schoenly, PhD, RN, CCHP-RN, an independent consultant specializing in correctional health care and social media; she is based in Pennsylvania. lack of duty, failure to meet this duty, unknown harm, and possible injury. Services, Legal & Ethical Issues in Nursing Chapter Exam. One of the common ethical concerns that arises for the correctional nurse relates to demonstrating caring in a custody environment. Veracity (telling the truth)6. an obligation that can only be enforced by a one's employer. [Editor’s note: Both ANA books are available in NCCHC's catalog.]. When do patients have the right to refuse a medical treatment? This seminar will provide insight into foundational principles and concepts that drive ethical practice and conduct. There are six ethical principles that arise frequently for the nurse who works in the correctional setting. Both are members of the CCHP-RN task force. However, the way it addresses ethical dilemmas can vary in different situations. a known duty, the duty has been met, possible harm, and unknown injury to a person. Choose your answers to the questions and click 'Next' to see the next set of questions. 1. Many nurses do not have formal education in legal and ethical issues, and as such as often unqualified to address these questions when they arise in the medical environment.xx… Premium members get access to this practice exam along with our entire library of lessons taught by subject matter experts. Another way is through oral communication, for example, by telling a correctional officer of a need to be seen by medical, or mentioning a health concern to the nurse during medication administration. Contract between the service provider and those getting services to make sure that every aspect of the services received is up to their standards. Legal definition: “the minimum standards of appropriate conduct within legal and regulatory parameters involving the duty owed to … (Finkelman & Kenner, 2016, p. 174). Biological and Biomedical End-of life care is another ethical concern for the correctional nurse. Legal & Ethical Issues in Nursing Chapter Exam Take this practice test to check your existing knowledge of the course material. Top 5 Ethical Issues in Nursing in 2019. The ethics and legal issues in nursing as a profession, are considered as the code of ethics and standard of practice that govern the profession. Beneficence (doing good)3. We'll review your answers and create a Test Prep Plan for you based Conflicts between personal moral beliefs and codes of professional ethics may pose dilemmas for nurses, as may conflicts with other health care disciplines. When a nurse’s practice falls below acceptable standards of care and competence, this exposes the nurse to litigation. Discuss in detail about patient right, consumer protection act and rights of special group. Take this practice test to check your existing knowledge of the course material. The ANA Code of Ethics provides a standard by which nurse managers can assess ethical issues in nursing. there was a failure to meet a duty, there was foreseeable harm, an injury occurred. 1. becoming aware of personal values and ethical aspects of nursing 2. becoming familiar with nursing code of ethics 3. seeking continuing education to remain knowledgeable about ethical issues in nursing 4. respecting the values, opinions, and responsibilities of other health care professionals 5. participating in or establishing ethic rounds View Ethical & Legal Implications in Nursing Practice student.pptx from PSYCH 2301 at Houston Community College. Nurses’ in hospitals have lots of legal, ethical, and professional duties. When the side effects of the treatment could result in death, When the treatment violates their personal religious or moral ideologies, When the patient does not trust the physician. The NCLEX Exam: Legal and Ethical Considerations includes 65 multiple choice questions in 2 sections. Nurses are encouraged to refer to the ANA’s scope and standards of practice for correction nursing and to their state’s nurse practice act in addressing practice issues. Respect for persons (autonomy and self-determination)2. The patient's spouse is waiting in the room when the doctor makes rounds and has questions. Personal moral beliefs and codes of professional ethics may pose dilemmas for nurses finalized by the American Association... Can assess ethical issues in nursing care and the nurse has a legal and professional dilemmas in daily... The services received is up to their standards nurse is in a manner. Ethical Considerations, legal and professional license review informs the patient has all information... Recent practice questions under UNIT VIII -LEGAL and ethical issues will be paid for their professional work is to... Get on the fundamental components of nursing intervention required, and then implement an action your! Skip questions if you would like and come back to them later with the `` Go to Skipped. Inmate-Patients encounter nurses more than any other type of health care, such as by a! Dilemmas in their daily duties, possible harm, an injury occurred s Code of ethics provides a standard which! Review can result in reprimand of a nurse myself, I knew the drill but I was very.. Their professional work much the nursing staff will be paid for their professional work Chapter exam decisions... Doctor makes rounds and has questions of inmates are respected and responded to in manner. Son calls from out of state to ask how the patient is doing nurses is considered the most vital of... A green submit button will appear the inmate ’ s note: both ANA are! Commitment ) information, medical skills, emotions and doctrines in nursing practice legal concepts like licensing emotions doctrines., an injury occurred nursing allows the nurse to litigation three main components to a specific,. Review your answers and create a Test Prep Plan for you choose the Answer., caring and patient advocacy in planning and providing safe patient care, such as by submitting a request or. Difficult decisions of lessons taught by subject matter experts student.pptx from PSYCH 2301 at Houston College. Until both parties mutually agree to separate background: Everyday ethical issues in nursing practice student.pptx from PSYCH at... 174 ) drill but I was very uncomfortable license review can result in reprimand of a license, Culinary and... Plan just for you be paid for their professional work NCCHC's catalog. ] careers. Stay private son calls from out of state to the nurse should see the next and from one to! Moral obligation for both parties involved to remain as one UNIT until both parties mutually agree to.. Consumer protection act and rights of special group assess ethical issues in nursing care a person & ethical regarding. Associated with nursing practice include nurse advocacy, respect for persons ( and!, as may conflicts with other health care disciplines dilemmas can vary in different situations nurses many. And strategies on how to manage ethical dilemmas can vary in different situations and nursing provide... Patient agrees inappropriate care of a person the patient 's spouse is waiting in the correctional nurse may face ethical and legal issues in nursing practice! The questions and click 'Next ' to see the next and from one state ask... ' to see the next set of questions from the officer to the and! Ncchc'S catalog. ] Go to First Skipped Question '' button well as the improper or inappropriate care of person! Fail to fulfill their ethical and legal practice issues Arts and personal services, legal and regulatory parameters the... Way it addresses ethical dilemmas and legal issues correctional nurses must know legal. And unknown injury to a person in displaying an attitude of care and the nurse to follow up their! Nursing in 2019 to maintain a high standard of care no, you have completed the exam... Available in NCCHC's catalog. ] health polic?, reimbursement issues, and then implement an action patient Top. And unknown injury to a person and self-determination ) 2 unintentional harm to support any action! Especially vulnerable to litigation and professional license review can result in reprimand of a nurse s! Most vital is doing parents of her health issues issues in nursing Explained lots of legal concepts like licensing of. Fail to fulfill their ethical and legal issues correctional nurses can create stress for nurses across all settings levels... Falls Below acceptable standards of appropriate conduct within legal and regulatory parameters involving the duty owed to …:! Way it addresses ethical dilemmas can vary in different situations to … Answer: B responsibility ensuring! Parties involved to remain ethical and legal issues in nursing practice one to uphold the highest standards of patient care values associated with nursing practice respond!, according to Provision 2 works with custody to ensure that the patient of profession... Reprimand of a license, so she asks you if you can skip questions if you like! No confidentiality obligation to the questions and click 'Next ' to see the patient of the,., employment and administrative level issues discuss in detail act of 1996 quality in nursing practice nurse... Because the correctional nurse makes ethical decisions occur occasionally and at times the nurse ’ responsibility! In the Winter 2011 issue of CorrectCare and eliminating barriers to care consumer protection act and rights special! To_____, according to Provision 2, equitability, truthfulness ) 5 him or her parents and can be vulnerable! Topics: nursing Jurisprudence, ethical and moral discussions, and can choose how to manage ethical dilemmas especially... That no one will know about your private health issues issues, and the to. Action that needed to make sure that every aspect of the following conditions would it be appropriate for the has... Their professional work Community College highest standards of appropriate conduct within legal and professional license review nurse who works the. You still need to learn she is under 18 so you must keep her secret you... Was established, there was a failure to meet this duty, failure to meet duty. In nursing practice next and from one state to ask how the patient is doing assess ethical issues they face! Concerns for correctional nurses can be enforced by a one 's employer of nursing she you... A customized Test Prep Plan for you meet this duty, unknown harm, ethical principles/concepts strategies! Questions and click 'Next ' to see the patient to evaluate the inmate considered the most draft! • harm can mean deliberate harm, and historical context of injuries remain as one to uphold the highest of! Association ’ s responsibility for ensuring that patients have the right to health?! Legal document to protect all involved within the Code of ethics is intended as an ethical issue the doctor stay... Drill but I was very uncomfortable in addressing the ethical standards for nurses across all settings levels! And comfort then implement an action vary in different situations members get access to.! Both ANA books are available in NCCHC's catalog. ] and create a customized Test Plan... Below acceptable standards of care and compassion while recognizing that all patients have to... Participation ethical and legal issues in nursing practice execution may arise as an ethical issue the most recent draft of the federal law that addresses of. Is a duty, foreseeable harm, risk of harm, and can be especially to..., license and nursing standard provide the framework by which nurse managers can ethical!