...Ethical and Legal Aspects of Nursing NUR 391 September 19, 2011 Ethical and Legal Aspects of Nursing Nursing is an ever-changing profession that responds to diverse and complex issues of health maintenance, protection of patient safety, human rights, and dignity. Professional nurses are in a unique position as patient advocates, regardless of practice setting. Nurse’s face inherent ethical decisions making, and they are frequently involved in the ethical decisions both personally and professionally when ethical reason both for and against the choice are both equally desirable (Pierce, 1997). The ANA Code of Ethics with Interpretive Statements offers a statement for every professional nurse’s ethical obligations and duties, ethical standard, and commitment to society (ANA, 2001). Nurse must continuously meet standards of care and the ANA Code of Ethics and uphold fundamental legalities. Taking a closer look into the nurses ethical responsibility and fundamental legalities associated with direct patient care and as it would apply in the case study case study of patient Marianne, a 79 year-old female, who is admitted to the emergency department with hemorrhagic stroke, a grave prognosis of recovery and no advance directive. This paper will discuss legal responsibilities of the registered nurse as witness in a malpractice case of a nurse colleague found negligent in following standards of nursing practice. “The nurse’s primary commitment is to the patient who is the...
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...Ethical and Legal Issues Ethical and Legal Issues Faced with ethical and legal decisions on a daily basis, nurses must at times make some pretty tough decisions including how to proceed with care for an incapacitated patient with no advanced directive or how to proceed when called upon to testify against a current employer. The American Nurses Association Code of Nursing Ethics is one of the main tools available for the nurse to utilize when it comes to making these tough decisions. The nurse may apply personal values as well as societal values to these cases in order to come to a sound, ethical decision. The legal aspects of each of these cases can have a profound effect on the continuing career of the nurse, a thorough evaluation is necessary to protect all involved. Finally, the nurse also carries a legal responsibility to her profession, workplace, patients, and self. Ethical and legal decision-making are complex but after a thorough assessment, the nurse can continue to make an ethically and legally sound judgment on how to proceed. Influence of the ANA Code of Nursing Ethics The ANA Code of Nursing Ethics is the first reference when deciding how to proceed with an incapacitated patient who has no advanced directive or how a nurse should react when called upon to testify against an employer in a negligence or malpractice case. This code, designed to assist the nurse in maintaining his or her ethical integrity as well as protect the nurse...
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...There are many different legal aspects of nursing. The legal aspects are there to protect the patients. Nurses need to know these because it can put their license in jeopardy, fines, jail time or even worse, harm to a patient. Not only could you be in trouble because you did something, you could also be in trouble for not doing something. When working with patients that are sick or injured the last thing you need is to let something else other then there sickness or injury interfere with their healing or comfort level. By choosing to become a nurse you accept the laws and responsibilities that come along with it. As a Licensed Vocational Nurse the combination of legal principles, established laws, moral standards and ethical principles guide your practice of nursing. As a nurse you need to know these and how they affect the practice. There will be a lot ethical decisions that you will have to make during your career. By knowing the laws, this will help with the decisions you have to deal with. Laws prescribe proper behavior in society; they sanction acceptable behavior and prohibit unacceptable behavior. It’s important for you to know the basic’s of the legal system, which will help protect you from wrong doing. There are two different types of laws. Civil and criminal. Civil laws are laws that violates a person’s rights, conduct at issue is detrimental to the individual and involves an offense that is against an individual. Civil laws purpose is to right...
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...Implementing ethico-legal issues in nursing practice. Caldwell, E., Lu, H., & Harding, T. (2010). Encompassing multiple moral paradigms: a challenge for nursing educators. Nursing Ethics 17(2), 189-199. Retrieved August3, 2010, from Health Source: Nursing/Academic Edition Database. Aim: As society becomes increasingly globalised, it is imperative to include international educational perspectives in the nursing profession (Robinson, Sportsman, Eschiti, Bradshaw and Bol, (2006). Caldwell, Lu & Harding (2010) argue that the quality of nursing care necessitates nurses to reflect on nursing ethics in relation to their individual principled way of life. Cadwell, Lu & Harding (2010) paper explores these ideas. Summary: The fundamental nature of professional development implies personal development (Glen, 2005). ‘Encompassing multiple moral paradigms: a challenge for nursing educators’, is an in-depth analysis of nursing ethical dilemmas; the efforts that are undertaken to implement professional development through reflection, self-monitoring and self-control; and the challenges for nurse educators to integrate the syllabus into real-life clinical practice situations. Caldwell, Lu & Harding (2010) study analyses nursing ethics, Chinese ethical philosophies, and Judeo/Christian traditions as they endeavour to demonstrate the real-life issues of morally conflicting situations in nursing practice within these groups and the possible legal consequences. Relevant to topic yes/no...
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...nurse who was conflicted and stressed out from both the demands of family and of the workplace environment. At home, she was pressured by her husband to take on extra overtime to supplement and augment the family income. Thus, in spite of feeling that her skills were not current, Jackie signed on with her previous hospital to be on the flexible staffing pool (Badzek, et al., 1998). As expected, “Jackie did find the work extremely stressful. She rarely had the same unit and patient assignment” (Badzek, et al., 1998). With the mounting stress imposed by the conditions at work, “Jackie began to divert narcotics. Jackie was able to justify her actions because she...
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...relationship among professional values, ethics, and legal issues. A person’s personal values and ethics can influence their professional values and ethics in the workplace. Finding the right balance between personal and professional views in the workplace will help foster a successful career. This paper will cover relationships between legal and ethical issues as well as personal values and professional ethics. Relationships between Legal and Ethical Issues According to Wacker-Guido & Watson (2010), there are eight ethical principles that nurses encounter when making decisions in clinical settings, autonomy, beneficence, no maleficence, veracity, justice, paternalism, fidelity, and respect or others. In other terms nurses have personal freedom, the right of self-determination, a duty to perform good actions, duty to prevent any harm for occurring to their patients, the obligation to tell the truth, treat all patients equally and fairly, allow others to make decisions for individual patients, keep promises and commitments they make, and to treat everyone with respect. Ethical values are influenced by personal feelings, and are interpreted differently depending on the beliefs of the individual. The Britannica Concise Encyclopedia defines the code of ethics for nurses as follows: The code of ethics for nurses was developed as a guide for carrying out nursing responsibilities in a manner consistent with quality on nursing care and the ethical obligations of the profession...
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...The Ministry Of Health Nursing Essay On the other hand, nursing practice is an act of providing care to the patients. This can be done by implementing a nursing care plan which is based on the initial condition of the patient. For certain people, the responsibilities of the nurses may seem apparent as all they need to do is following the orders from the doctor. Even for an experienced nurses, they still need to concede from the doctors in matters that they are restricted and not qualified in. This is called professional boundaries. According to CRNNS (2002), professional boundaries are the defining lines which separate the therapeutic behavior of a registered nurse from any behavior which, well intentioned or not, could reduce the benefit of nursing care to individuals and communities. But in reality, the job of the nurses sometimes being pushed to the limit according to the patient's condition. This may lead to some instant decision making with or without the conceding from the doctors. This case however may be seen as the boundary violation. The boundary violation can be defined as a disruption of the barrier between a professional and the client. In our case, it is an act or interaction which damages the patient and the professional (nurse) relationship. The action of crossing the professional boundaries may be regarded as against the law. According to Allen (2001), five keys of nursing boundaries had been identified which consist of boundary among nurse and nurse itself...
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...Ethical and Legal Issues in Nursing University of Phoenix Nursing 391 Ethical and Legal Issues in Nursing Marianne, the 79-year old woman who presented with a hemorrhagic stroke in a recent case study, brings up thought for ethical debate. Her outlook is poor, with or without surgery, and she has no advanced directive. Her husband and children cannot come to an agreement on whether life support should end or if all resuscitative measures should be attempted. The following paper will discuss how the American Nurse’s Association Code of Nursing Ethics would influence a final decision, how personal and societal values can influence ethical decision making, the fundamental legal aspects of each case study, and the legal responsibilities of nurses in the work setting. Regardless of any situation that may arise, every nurse has a set standard in place that must be followed. These are nonnegotiable, ethical standards, obligations and duties that every individual swears to when entering the nursing profession. These standards are all found within the American Nurses Association’s code of Nursing Ethics and Conduct. Whether dealing with patients and families during end of life decision making or dealing with nursing negligence within the court of law, the first provision in the code of ethics is the most imperative to remember. Nurses are always obligated to their patient’s best interest, therefore making them an unrelenting patient advocate. Many provisions are pointed...
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...Application of Nursing Theory Nurses have to make numerous decisions on a day to day basis. Some are simple decisions and other issues are more complex and require guidance to make decisions. Nursing theory is one way for nurses to make decisions based on problems or situations they face. As Cody (2003) states, “one learns to practice nursing by studying nursing theories” (pg. 226). This statement can be applied to problem solving and decision making. By using theory, nurses can apply concepts to solve problems, since practice is derived from theory. It is also noted by Cody (2003), that “nursing practice will be transformed to the betterment of humankind when all nursing practice is fully autonomous and guided predominantly by nursing theory” (pg. 230). This includes all aspects of nursing including nursing leadership, nursing education, nursing informatics and health policy. The middle range nursing theory of nursing intellectual capital is one that was developed to understanding how nursing knowledge within healthcare organizations influences patient and organizational outcomes (Covell, 2008). It is comprised of two mutually supporting concepts of nursing human capital and nursing structural capital. Nursing human capital is influenced in the workplace by nurse staffing and employer support for continuing professional development and is directly related to patient and organizational outcomes. The nursing structural capital is directly related to patient outcomes (Covell...
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...New Graduate Nurses, Transition Shock Rachel Gable Grand Canyon University NUR 433V November 25, 2012 New Graduate Nurses, Transition Shock Nursing is by nature a stressful occupation. Making that even more stressful, newly licensed nurses are being thrown into the profession more and more without the proper orientation and training. Although newly licensed nurses have achieved the legal and professional requirements of minimal competence to enter practice, studies indicate that many new nurses lack the clinical skills and judgment needed to provide safe, competent practice (Dyess & Sherman, 2009). The rapid deployment of new graduates into clinical settings where they assume professional responsibilities on the same level as a seasoned nurse and is becoming more of a serious issue today. The purpose of this study is to determine the learning and transition needs and recommendations of the new graduate nurse. In a recent survey done by Berkow, Virkstis, Stewart and Conway in 2009, only ten percent of the health system executive nurses believed that newly graduated nurses were ready to deliver safe patient care. Typically new graduate nurses receive up to six months or less of orientation and training in hospitals. This is not sufficient time for the new graduate nurse to feel comfortable with critical thinking skills, communication and time management. This is especially important because of the high acuity of today’s patients and can lead to medication...
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...NR 360 Complete Course NR360 Complete Course Click below link for Answer http://workbank247.com/q/nr-360-complete-course-nr360-complete-course/26270 http://workbank247.com/q/nr-360-complete-course-nr360-complete-course/26270 NR 360 Week 1 Discussion Introductions Please introduce yourself to the class. Tell us about your career background, what you like so far about your learning, and something that you’re comfortable sharing about yourself, your family, or your hobbies. NR 360 Week 1 Discussion What Is Nursing Informatics? Discuss ways that nursing informatics could be applied to all areas of professional nursing practice, including clinical practice, administration, education, and research. Provide examples of each. What do you see as the biggest significance of nursing informatics, and why? NR 360 Week 1 Discussion Technology Literacy and Electronic Health Records (EHR) What are your experiences with using an electronic information system (EHR)? Describe the components of an EHR, and using the assigned readings, any past experiences or observations, and your imagination, share your thoughts on the following question: Can you give one pro and one con of an EHR with regard to enhancing patient care and safety? Include rationale for each. How do you see the EHR enhancing patient health literacy? NR 360 Week 2 Discussion Database Search Choose a topic related to health that has meaning to your personal health, interests, and well-being. This may be a disease,...
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...TOPIC: Reflective essay on the teaching session and facilitating workplace learning module. INTRODUCTION As a requirement for the pre-registration program in Nilai University, I have to take Facilitating Workplace learning module. The aim of this module is to enable me to become a better facilitator in the future. Having experiences from my previous clinical posting, I realized that nursing profession is not only about patient’s bedside care, but also workplace improvement by facilitating others for example students, colleagues and patient health teaching. Gopee (2011) defined facilitating learning is that the learner becomes aware that they should be the originator of their thinking, meaning to say the learner should take more control of their learning instead of passively receive information from the teacher. In addition, facilitating learning is usually form part of healthcare’s professional code, as mentioned in code of practice by Nursing Midwifery Council (2008) that registered nurse must be willing to share their experiences and skills for the good of their colleagues and must facilitate student and others to develop their competent. In order to fulfill this subject, I have two main parts to complete. First, a plan for facilitating a learning session applied all the relevant theories that have been lecturing, and the second part, I am going to write here is a reflective essay using Gibb’s (1988) reflective cycle on what I have learn from this module and my learning...
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...Elizabeth Franco University of Phoenix NUR 482 Nursing Leadership and Management in Health Care Delegation is the act of appointing a person to perform an act in your stead where both parties are still accountable for the action taken. This helps to unburden registered nurses (RN) from having to accomplish all necessary tasks on their own allowing the RNs to accomplish more. It is important that when an RN delegates a responsibility to someone else that the person assigned the task are qualified and properly trained to perform that task. There are two common ways to determine who a task should be delegated to. The first is to match a staff member’s job description to the task at hand. The other is commonly referred to as scope of practice, or matching a person’s expertise to the patient’s needs. Delegating responsibility not only makes it possible for more tasks to be completed but maintains the involvement of the entire staff so that everyone feels needed. Basically delegation comes down to the five rights of delegation which are the right task, right circumstance, right person, right direction and right communication. There are many aspects of determining if delegation is appropriate or not. First a mutual respect must be developed between the RN and their helpers. This is achieved through the personalities of the RN and their helpers, communication style and skills and cooperation. It is important when an RN is delegating tasks that they use critical thinking...
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...Industry Division and Teaching Team | Community Services and Health Nursing | Student Name | Binta Bah | Student No. | 4101568315 | Teacher | Amanda Holborow | Semester/Year | | Program Name and Code | HLT51612 Diploma of Nursing | Unit Name and Code | HLTHIR403C / HLTHIR404D ATSI & Cultural Diversity | Assessment (AS) No. Description and Version | One | INSTRUCTIONS TO CANDIDATES: Short and Long Answer Questions Please type your responses to the following questions into a word document and upload via the Assessment Task 1 folder located under ASSESS in the online HLTHIR403C / HLTHIR404D unit on my.tafe A minimum of 150 words is required for each response Please note: this word minimum also applies if there is more than one answer required for the question. For example, Question 1: a. minimum 100 words b. minimum 100 words Please use APA referencing to acknowledge your sources of information: APA Referencing Guide (located under ‘Tools’ in the HLTHIR403C_HLTHIR404D unit on my.tafe). Question 1 Using the latest Australian Bureau of Statistics data answer the following questions: a. Using current statistical information, discuss the inequality between Indigenous and non-Indigenous mortality rates in Australia b. Discuss the factors that influence Indigenous mortality. Include the following in your discussion: * social determinants that impact on Indigenous health * historical and cultural influences such as...
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...Description of the Ethical Issue In a technological world protecting patients’ information has become harder and harder to maintain. Todays new threat is social media. According to Elizabeth Scruth, et. al, (2015) social netweorking is one of the most common types of social media being used (para. 5). We live in an era where social media is being used as our own personal journals. Everyday personal experiences and the happenings of our day to day lives are constantly being posted on social networking sites like: Facebook, Allnursing.com, and LinkedIn. Unfortunately some nurses have “posted up” patient information as way to let off steam, seek advice on what to do for a patient’s care or to talk about the events of the work day. When patients are admitted into the hospital they disclose their information to all who are involved in their care; they trust that information will only be revealed to those involved in their care. Nurses do not have the right to disclose patient information on the interent according to Vicki Lachman (2013) this includes discribing patients by nicknames, and patient identifiers such as: room numbers, diagnosis or their conditions (para. 10). As nurses we have a duty to “…maintaining privacy (protecting them[patients] from undue intrusion), and confidentiality (by the discreet management of information about themselves [patients] that they share with us)” (Price, B. 2014). Stake holders, hospitals, nurses, the patient and their families all...
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