If you have an interest in advancing your legal nurse education, then please review our site. This document, formulated by the American Nurses Association, discusses such as issues as putting the patient first, maintaining confidentiality, dealing with impaired nurses and other potential ethical issues. Before a medical procedure takes place, it is the nurse’s responsibility to obtain informed consent. var vms = document.createElement("script"); vms.type = "text/javascript"; vms.async = true; 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… Confidentiality is a very important issue in nursing. Beneficence (doing good)3. 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. Most states require that nurses be competent. Breaching professional boundaries Nursing educators work closely with students to encourage their success, but sometimes these close relationships may cross professional boundaries. Breaking confidentiality is both an ethical and legal issue. The values associated with nursing practice include nurse advocacy, respect for humans and eliminating barriers to care. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Legal issues in nursing are nearly always related to potential harm to the patient. In addition to possible liabilities as a result of teaching nursing students, nurse educators must be aware of other legal concerns that may arise: 1. Web Hosting and Design by InMotion Hosting, Become a Christian Counselor: The Demands of Discipleship. Top 5 Ethical Issues in Nursing in 2019. Participation in execution is inconsistent with nursing values. Both registered nurses and certified registered nurse anesthetists can inject a local anesthetic in most states, but only a CRNA can administer general anesthesia. The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s euthanasia statute is under legal review – and a nurse who commits such acts can be charged with murder. •Period of time that courts generally sided with nursing programs regarding high-stakes testing •Now….. Patients die while incarcerated and the nurse has a role in helping the patient to die with dignity and comfort. There are gradations of scope within nursing as well. Revealing student information Educators must respect a student’s legal rights to confidentiality as defin… Although there are similarities in nursing practice acts, each state has its own act, and the nurse should be familiar with all aspects of the nursing practice act in her state. Nonmaleficence (avoiding harm)4. If a nurse notices that patient rooms are not being adequately cleaned and disinfected, she has a responsibility to bring it to the attention of hospital management or take action herself. Ethical issues are wide-ranging, from organ donation, genetic engineering, assisted suicide, withholding treatment in end-of-life care, or simple procedures requiring consent. Suite #4, 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. They actively work toward resolving ethical issues in nursing that they find in their workplace. Be ever mindful when caring for all patients. Failure to report can lead to legal penalties such as fines or disciplinary actions against the nurse’s license. The correctional nurse makes ethical decisions about care delivery, caring and patient advocacy in planning and providing safe patient care. To do otherwise puts the nurse at risk of legal liability and professional disciplinary action. Practicing without a current and valid license is illegal and it amounts to pra… SPECIFIC OBJECTIVES The students will be able to; Describe code of ethics, professional conduct, and legal system, ethical and legal issues in nursing. ], Back to Correctional Nursing Practice Series, COVID-19 Coronavirus: What You Need to Know in Corrections, Guidelines, Management Tools, White Papers, Ethical Issues in Inmate Lawsuits: Solutions to the Most Common Ethical Challenges, Study of COVID-19 in Correctional Facilities, The Health Status of Soon-to-Be-Released Inmates, Health Care Professional Certification (CCHP). The correctional nurse should not participate in executions. Mentally or Emotionally INcompetent Clients: declared imcompetent, unconcious, under the influence of alcohol/drugs, chronic dementia or other mental deficiency. Knowledge of the law of tort is important for all because most of the civil cases that resulted from nursing activities belong to the category of tort. A nurse who breaks confidentiality may face both legal and professional sanctions. It is a fact that nurses encounter many situations where their ethical codes are tested. 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. Another area of ethical concern is the nurse’s responsibility for ensuring that patients have access to care. 2400 Niles-Cortland Rd. Answer: A. vms.src = ('https:'==document.location.protocol? — Mary V. Muse, MS, RN, CCHP-RN, CCHP-A, is the chief nursing officer for the Wisconsin Department of Corrections, Madison. 'https://':'http://') + "vmss.boldchat.com/aid/398911244766619502/bc.vms4/vms.js"; Describe “best practices” that protect your license and position, influence quality of care and reduce risk. For correspondence about this column, write to editor@ncchc.org. These principles serve as a guide to the nurse in making ethical decisions. Even an unintentional error can be devastating for the nurse concerned, as evidenced by the suicide of the British nurse who inadvertently connected radio talk show hosts to the Duchess of Cambridge during her admission for severe morning sickness. There are six ethical principles that arise frequently for the nurse who works in the correctional setting. They are often considered as the vital part of nursing. In California, domestic violence is considered a form of assault and the nurse is mandated to report under the same considerations that would apply if the patient had a gunshot or knife wound. If the communication is from the officer to the nurse, the nurse has a responsibility to speak to the inmate. Beneficence (doing good) 3. The discussion will also consider the legal, ethical and professional issues surrounding covert medication. 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. Talking about the Legal issues in a nursing career they also act as a hanging sword in the profession of a nurse. 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. Both are members of the CCHP-RN task force. This position is supported by the ANA’s code of ethics and NCCHC‘sStandards for Health Services in Prisons (standard P-I-07). Compounding this, inmate-patients encounter nurses more than any other type of health care provider. Nonmaleficence (avoiding harm) 4. Justice (fairness, equitability, truthfulness)5. Broader ethical issues. 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. Common law results from judicial decisions made in courts when individual legal cases are decided. a nurse can witness the client signing the informed consent. A nurse who performs a task for which she is not qualified can be sued, and nurses are expected to refuse an assignment for which they are not qualified. Under the requirements of Health Insurance Portability and Accountability Act, or HIPAA, the nurse cannot share identifying information about a patient except to someone else who has a right to that information. Nurse educators should maintain working relationships with students. Innovative Technology. Doing something outside of the nursing scope of practice is another serious legal issue. Introduction. 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. Nurses are legally mandated reporters for child abuse and elder abuse in most states. There are a … 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. Home > Health & Medicine > Ethical and Legal Issues in Nursing. Acts of omission and commission will also subject the nurse to litigation and professional license review. Warren, Ohio 44484. var _bcvma = _bcvma || []; Legal issues in nursing practice 1. Legal & Ethical Issues that Health Care Professionals Face. Examples of Ethical Dilemmas in Nursing. Ethical and Legal Issues. All rights reserved. Finally, professional practice is an area that can create ethical concerns for correctional nurses. In the correctional setting, the patient is at the core of professional nursing practice. This paper will explore the ethical and legal issues encountered by nurses in two case studies. The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s euthanasia statute is under legal review – and a nurse who commits such acts can be charged with murder. [Editor’s note: Both ANA books are available in NCCHC's catalog.]. An RN who gives a general anesthetic is acting illegally. Many of the topics in the code of ethics carry over into nursing practice acts that provide specific direction about what constitutes legal practice. In that situation, the nurse should communicate with the nursing supervisor and comment her concerns, then provide only that care in which she is competent. Veracity (telling the truth) 1. "We need to be paying attention to innovation in technology. Correctional nurses can be especially vulnerable to litigation because the correctional patient population has a constitutional right to health care. Inmates have several ways to access health care, such as by submitting a request slip or form. The ANA Code of Ethics provides a standard by which nurse managers can assess ethical issues in nursing. 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. 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. Respect for persons (autonomy and self-determination) 2. By Moira K. McGhee. … The code delineates the ethical standards for nurses across all settings, levels and roles, setting expectations as well as providing guidance. The correctional nurse is in a unique position to evaluate the quality and effectiveness 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. Contemporary legal issues in the nursing profession that are faced by the nurses. This assignment will discover ethical and legal implication of the nurse who disguises the information of the lethal ill patient at the request of his family. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. When a nurse’s practice falls below acceptable standards of care and competence, this exposes the nurse to litigation. 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. Standards of nursing care begin with the nursing code of ethics. 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. According to Felicia “Liz” Stokes, JD, RN, senior policy advisor at the … In some prisons, nurse participation in execution may arise as an ethical issue. We will write a custom essay specifically for you for only $16.05 $11/page Learn more. Justice (fairness, equitability, truthfulness) 5. In the nursing profession, it can be further broken down into subcategories: 1. administrativeliability - violation of regulation, such as failing to renew your license 2. civilliability - imposing penalties in the form of payment or compensation to the patient who was harmed 3. criminalliability - imposing fines or imprisonment for crimes committed The shortage of nurses is a global issue discussed on an almost daily basis in … These issues affect both patient care and a nurse' sjob satisfaction and mental well-being. Legal And Ethical Issues in Nursing Examples; NURS 330 Legal and Ethical Issues in Canadian Nursing Assessment Answers. Legally the client must be emotionally and mentally competent to sign consent. However, the way it addresses ethical dilemmas can vary in different situations. page 2 1dwlrqdo &hqwhu ri &rqwlqxlqj (gxfdwlrq ,qf zzz qxuvhfh frp e [wudruglqdu\ hiiruwv kdyh ehhq pdgh e\ wkh dxwkruv wkh hglwru dqg wkh sxeolvkhu ri wkh 1dwlrqdo &hqwhu ri &rqwlqxlqj (gxfdwlrq ,qf frxuvhv wr hqvxuh grvdjh uhfrpphqgdwlrqv dqg wuhdwphqwv duh suhflvh dqg djuhh zlwk wkh kljkhvw vwdqgdugv ri sudfwlfh +rzhyhu dv d 1. Case law is the second branch monitoring ethical standards in nursing and the medical profession. (function(){ Correctional nurses must find balance in displaying an attitude of care and compassion while recognizing and maintaining safe boundaries. 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. Legal Cases Focused on High-Stakes Testing •Initial court cases dealing with high stakes testing sided with the students. Both litigation and professional license review can result in reprimand of a nurse’s license or loss of a license. Identify various patient care, employment and administrative level issues. Nurses cannot practice medicine and a nurse who performs a procedure that only physicians are licensed to perform can be sued as well as lose her nursing license. Correctional nursing allows the nurse to practice the essence of nursing while recognizing that all patients have intrinsic value. Unfortunately, the demands of patient care may put the nurse in a situation where she feels unqualified, such as floating to another unit. When a nurse fails to uphold the legal and professional responsibilities expected in the practice of … 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.