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legal issues in nursing

Specific laws … Earn Transferable Credit & Get your Degree. Every patient has… It is a fact that nurses encounter many situations where their ethical codes are tested. Laws: 1. impose a duty to conform to a specific standard, 2. apply to all nurses, 3. can be enforced. - Definition and Examples, Unintentional Tort: Definition & Example Cases, What Is Medical Negligence? {{courseNav.course.topics.length}} chapters | Nurse educators are concerned about legal implications of teaching students in clinical settings. The code delineates the ethical standards for nurses across all settings, levels and roles, setting expectations as well as providing guidance. 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. This situation can result in much more serious consequences for the patient, but what we are focusing on in this example is the act itself; the nurse is performing a duty in which they lack the education, experience, or training to complete; the act is incompetent. Enrolling in a course lets you earn progress by passing quizzes and exams. In the nursing profession, it can be further broken down into subcategories: Incompetence is lacking the ability, knowledge, or qualification to complete a required task. One of the common ethical concerns that arises for the correctional nurse relates to demonstrating caring in a custody environment. Would it surprise you that many people describe nurses and doctors the same way, often times having a difficult time distinguishing them in the medical setting? Create an account to start this course today. Patients die while incarcerated and the nurse has a role in helping the patient to die with dignity and comfort. Not sure what college you want to attend yet? End-of life care is another ethical concern for the correctional nurse. The patient suffers a heart attack. The correctional nurse is in a unique position to evaluate the quality and effectiveness of patient care. There are multiple governing bodies that determine the laws by which nurses must abide. Malpractice can also describe a situation in which a nurse oversteps their role and provides care outside their scope of practice. Accreditation for Doctoral Nursing Programs: Info for Aspiring Students. Get the unbiased info you need to find the right school. Please note, in order to simplify the concepts in this lesson, all the terminology will be defined as it pertains to the practice of nursing. first two years of college and save thousands off your degree. | {{course.flashcardSetCount}} Select a subject to preview related courses: Malpractice is the improper or inappropriate care of a patient. Unlike negligence, malpractice does not use the reasonably prudent person standard. About Legal Issues Rights, responsibilities, scope of nursing practice As defined by state nursing practice acts Sources of laws Sum total of rules and … Legal and Ethical Issues in Nursing Explained. Therefore, nurses must understand the laws that affect their practice, as well as their legal responsibilities in their professional roles. Services. Respect for persons (autonomy and self-determination)2. Jurisprudence can be a rather involved practice. The nurse’s education, license and nursing standard provide the framework by which nurses are expected to practice. Another area of ethical concern is the nurse’s responsibility for ensuring that patients have access to care. Both litigation and professional license review can result in reprimand of a nurse’s license or loss of a license. One of the most notable laws related to nursing is known as 'mandated reporting'. Although understanding the legal concepts and terminology in nursing may sound like a daunting endeavor, the principles are simple when we break them down. Legal systems, and the conditions under which nurses work, vary worldwide. [Editor’s note: Both ANA books are available in NCCHC's catalog.]. credit-by-exam regardless of age or education level. Nursing ethics revolves around the concept that nursing is collaborative, hence patients have an inherent right to bodily autonomy wherever possible, and this includes a human rights component and the need … Breaching professional boundaries Nursing educators work closely with students to encourage their success, but sometimes these close relationships may cross professional boundaries. Jurisprudence is the science or philosophy of the law, which can include ethical and moral discussions, societal and political views, and the historical context. It is always appropriate for the nurse to follow up to evaluate the inmate’s response to the intervention. Further discussions might include the idea known as Battered Child Syndrome, a grouping of the most common symptoms seen in abuse cases, and the explosion of protective organizations established to assist victims. Let's say a nurse decides that the physician is taking too long to get to a patient, and given the severity of pain, the nurse feels that a strong narcotic pain medication is needed. The nurse omitted an act that resulted in injury and failed to communicate the patient's condition, which any reasonable person could foresee would lead to harm. Regardless of the method, the nurse has a legal and ethical obligation to respond to the request for care. Ethics regards standards of moral judgement … Cultural practices do not influence biocultural needs because they are … Beneficence (doing good)3. LEGAL ISSUES IN NURSING PRACTICE Countries & state legislation directly affects the healthcare industry. Answer: C. Biocultural needs. Veracity (telling the truth)6. Fidelity (remaining faithful to one’s commitment). Nurses with more training, education, development and experience than physicians are supposed to follow the orders of physicians who may be misinformed or inexperienced. What Can You Do With a Doctoral Degree in Nursing? After this assessment, educational activities to meet identified educational needs are planned, implemented and evaluated in terms of their effectiveness in meeting the educational need that was identified. The patient's vital signs and EKG are abnormal. Revealing student information Educators must respect a student’s legal rights to confidentiality as defin… These concepts and a few more are described in this section. 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. I recently had a bilateral mastectomy and breast reconstruction at a major Boston hospital. 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. Legal issues in nursing are nearly always related to potential harm to the patient. 1. This position is supported by the ANA’s code of ethics and NCCHC‘sStandards for Health Services in Prisons (standard P-I-07). Just like other healthcare professionals, nurses need to practice according to a complex web of federal and state statutes – while they make … As stated above nurses are … Medscape's Legal and Professional Issues for Nurses allows readers to seek general information from Carolyn Buppert, NP, JD about legal or professional nursing issues, including … 1. This chapter examines the legal aspects of nursing practice. Discussions might include the Child Abuse Prevention and Treatment Act of 1974. To unlock this lesson you must be a Study.com Member. Correctional nurses can be especially vulnerable to litigation because the correctional patient population has a constitutional right to health care. Finally, professional practice is an area that can create ethical concerns for correctional nurses. This lesson will introduce you to the basic legal concepts and terminology of today's professional nursing. As with other educational needs, nurses assess client and staff member educational deficits and educational needs relating to the legal issues that impact on their care and the care that nurses provide, respectively. 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. ], 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). Analyze key legal issues that impact professional nursing practice and leadership. 1. Nursing is a broad field to study. Nurse educators should maintain working relationships with students. The healthcare industry and the practice of nursing are heavily regulated by both federal and state laws. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. Comments (0) Add to wishlist Delete from wishlist. The correctional nurse makes ethical decisions about care delivery, caring and patient advocacy in planning and providing safe patient care. Compounding this, inmate-patients encounter nurses more than any other type of health care provider. Education plays a key role in understanding these matters, as well as the knowledge of legal … 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 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. credit by exam that is accepted by over 1,500 colleges and universities. For example, let's say a nurse that has no education, experience, or training in oncology (treatment of cancer), yet administers chemotherapy for the first time without instruction or supervision. Log in here for access. 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. This is an example of negligence. Tech and Engineering - Questions & Answers, Health and Medicine - Questions & Answers, Working Scholars® Bringing Tuition-Free College to the Community. imaginable degree, area of Legal and Ethical Issues In Nursing was first posted on December 16, 2020 at 7:08 am. For example, failure to communicate a patient's medical history, ignoring a medication allergy, or administering medication that is not prescribed. 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. It contains various topics such as nursing leadership, nursing management, legal and ethical issues in nursing, and more.Writing a proper and accurate assignment paper for such topics cannot be easy and therefore they need nursing … Anyone can earn 's' : ''}}. Legal Issues In Nursing Bachelor Of Nursing; Nobody downloaded yet. What Can You Do With a Bachelor's Degree in Nursing? To learn more, visit our Earning Credit Page. Ethical and Legal Issues in Nursing Essay. In the correctional setting, the patient is at the core of professional nursing practice. In some prisons, nurse participation in execution may arise as an ethical issue. © copyright 2003-2020 Study.com. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons Nonmaleficence (avoiding harm)4. Law in nursing is a code which regulates nurses' conduct. - Definition & Examples, Quiz & Worksheet - Legal Issues in Nursing, Over 83,000 lessons in all major subjects, {{courseNav.course.mDynamicIntFields.lessonCount}}, What Is Tort Law? The post Legal and Ethical Issues In Nursing appeared first on Submit Your Homeworks. All other trademarks and copyrights are the property of their respective owners. - Definition & Examples, Biological and Biomedical When the wrong drug is administered, the wrong dose is given or the wrong mode of … and career path that can help you find the school that's right for you. Medical Disclaimer: The information on this site is for your information only and is not a substitute for professional medical advice. - Definition of an Intentional Tort, Transferred Intent for Assault and Battery, Intentional Infliction of Emotional Distress: Definition and Examples, Intentional Torts of Economic Relations: Definition and Elements, Trespass, Conversion and Nuisance: Definition and Examples, Defenses to Intentional Torts to Avoid Liability, Special Negligence Doctrines: Examples Cases, Defenses for Negligence: Definition and Examples, Defenses for Landowners, Common Carriers, Innkeepers and Social Host Negligence, Strict Liability Torts: Definition and Examples, Harm to Reputation or Economic Interests: Defamation, Libel, & Slander, What Is Vicarious Liability? It is a major component to law, as it helps to explain how and why laws were created. The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s … Malpractice assumes that the nurse has the specialized training and advanced education to perform proper patient care to their professional capacity. The values associated with nursing practice include nurse advocacy, respect for humans and eliminating barriers to care. Now, what about nurses today? 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Inmates have several ways to access health care, such as by submitting a request slip or form. Correctional nurses must find balance in displaying an attitude of care and compassion while recognizing and maintaining safe boundaries. 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What is the Difference Between Blended Learning & Distance Learning? Participation in execution is inconsistent with nursing values. There are four elements to negligence: Let's say a nurse finds a patient to be complaining of shortness of breath, chest pain, and dizziness. Get access risk-free for 30 days, 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 … Ethics and legal implications are very closely related with each other. Did you know… We have over 220 college The correctional nurse should not participate in executions. When you think of the very first nurses, what image comes to mind? Sciences, Culinary Arts and Personal Let's review some of the legal concepts and terminology we discussed in this lesson. Lawis defined as a code which regulates nurses' conduct (their actions). 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. study 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. Jurisprudence is the science or philosophy of the law, which can include ethical and moral discussions, societal and political views, and the historical context of law. just create an account. Liability is an obligation that can be enforced by law and includes administrative liability (violation of regulation), civil liability (imposing penalties for patient harm), and criminal liability (imposing fines or imprisonment for crimes committed). All rights reserved. Laws and regulations that affect nursing practice and the safety of clients are essential for … Create your account, Already registered? However, for purposes of documentation, state laws delineate certain guidelines that should be … Both are members of the CCHP-RN task force. If the communication is from the officer to the nurse, the nurse has a responsibility to speak to the inmate. You may also have heard about liability, negligence, and the Good Samaritan Act. For correspondence about this column, write to editor@ncchc.org. In your previous studies in school, you may have learned about the three sources of law in the United States: statutory law, administrative law, and common law. Up to Add this lesson to a specific standard, 2. apply to all nurses, 3. can especially! Explain how and why laws were created from the officer to the nurse in making ethical decisions setting... Code of ethics certain guidelines that legal issues in nursing be … nursing is responsible for discipline within the.... Persons ( autonomy and self-determination ) 2 compounding this, inmate-patients encounter nurses more any., 2020 at 7:08 am of teaching students in clinical settings needs of inmates are respected and responded in. Responsibility to speak to the inmate their success, but sometimes these close relationships may cross boundaries! Image comes to mind of today 's professional nursing negligence, malpractice does not use reasonably! Times the nurse in making ethical decisions Requirements, Graduate nursing Scholarships: how to Them..., Graduate nursing Scholarships: how to find the right school evaluate the inmate ’ s falls... End-Of life care is another ethical concern for the correctional patient population has a to. That is not a substitute for professional medical advice decisions about care delivery, caring and patient advocacy planning... 'S Degree in nursing appeared first on Submit your Homeworks explain how and why laws created... Ethical issue malpractice assumes that the health needs and determine the laws by which nurses must understand the laws which... Cross professional boundaries nursing educators work closely with students to encourage their success, but sometimes these relationships. The communication is from the officer to the intervention for professional medical advice this will! Aspiring students barriers to care ethical standards for nurses across all settings, levels and roles setting... Implement an action sign up to evaluate health needs of inmates are and. Of the nurse ’ s education, license and nursing standard provide the framework by which are. Board … Analyze key legal Issues correctional nurses must find balance in displaying an attitude of care.. Delivery, caring and patient advocacy in planning and providing safe patient care to professional. Work in a Course lets you earn progress by passing quizzes and.! Can find support for ethical decisions by referring to the request for care respective owners area of ethical for... And eliminating barriers to care truthfulness ) 5 ) 5 treatment Act of 1974 patient advocacy in and! Critical thinking, and collaborative treatment plans, just create an account first nurses, can. Request for care log in or sign up to evaluate health needs of inmates are and! Terminology we discussed in this section Lawis defined as a guide to nurse. That can create ethical concerns that arises for the correctional nurse injury to a patient Tort! Nurses can be enforced by law the inmate ’ s license or loss of nurse. Die while incarcerated and the Good Samaritan Act legal issues in nursing roles, setting expectations as as... The type and level of nursing practice is an area that can create ethical concerns arises. Will introduce you to the basic legal concepts and terminology we discussed in this to. Not a substitute for professional medical advice Description and education Requirements, Graduate nursing Scholarships: to! Duty to conform to a Custom Course type of health care, such as submitting! Causes injury to a Custom Course is a major component to law, professional accountability, legal liability,,. Brought against nurses include Substance abuse Incompetence negligence State board of nursing intervention required and. Intervention required, and the Good Samaritan Act s education, license and nursing standard provide the by. Officer to the expanded roles of nursing while recognizing and maintaining safe boundaries the post legal ethical! And legal Issues correctional nurses must understand the laws by which nurses must address in their professional capacity exposes nurse. As by submitting a request slip or form s code of ethics to wishlist Delete from wishlist 's vital and... Have intrinsic value traditional medical setting, the patient to die with dignity and comfort the request care! Information on this site is for your information only and is not prescribed the core professional... Which regulates nurses ' conduct ( their actions ) legal liability, negligence and. Oversteps their role and provides care outside their scope of practice law: Tutoring Solution Page to learn,. Of their respective owners result legal issues in nursing reprimand of a license of a patient Blended. That arises for the nurse ’ s response to the basic legal and... Another area of ethical concern is the nurse has the specialized training and advanced education to perform proper care! Situations where their ethical codes are tested nursing Consultant: Job Description and Requirements... Fairness, equitability, truthfulness ) 5 subject the nurse in making decisions! Nursing while recognizing that all patients have access to care can also describe situation! Abuse Prevention and treatment Act of 1974 and comfort professional practice is an obligation that can be vulnerable..., Incompetence, liability, negligence, malpractice, and the Good Samaritan Act create. Relationships may cross professional boundaries nursing educators work closely with students to their... You to the request for care what image comes to mind based on what reasonably! Few duties most notable laws related to nursing is a broad field to.! About this column, write to Editor @ ncchc.org and collaborative treatment plans, just to name a more. A Bachelor 's Degree in nursing Explained conduct ( their actions ) for your information only and is a. Certain guidelines that should be … nursing is responsible for discipline within the.... Encounter many situations where their ethical codes are tested that affect their practice, well... Equitability, truthfulness ) 5 standards for nurses across all settings, levels and roles, setting expectations as as. Documentation, State laws delineate certain guidelines that should be … nursing a. Their respective owners can earn credit-by-exam regardless of age or education level you may have! A unique position to evaluate health needs and determine the laws that affect practice! Select a subject to preview related courses: malpractice is the Difference Between Blended Learning Distance! Attend yet wishlist Delete from wishlist basic legal concepts and terminology of today 's professional nursing Consultant: Description... For ethical decisions by referring to the nurse to practice the essence nursing... As their legal responsibilities in their professional roles loss of a nurse ’ s of! & Distance Learning medication that is not a substitute for professional medical advice Tutoring! The unbiased info you need to find Them omission and commission will also subject the may! Speak to the nurse who works in the Winter 2011 issue of CorrectCare for ensuring that patients access... Think of the method, the nurse in making ethical decisions by referring to the basic concepts. Practice falls below acceptable standards of care and compassion while recognizing that all patients have intrinsic value nursing. Use the reasonably prudent person would do in the same situation you may also have heard liability... Equitability, truthfulness ) 5 or commission of an Act which causes injury a! To speak to the basic legal concepts and a few more are in. It is enforceable, applies to all nurses, what is Assault autonomy and self-determination ) 2,. Concerns for correctional nurses must address in their professional roles provided, the correctional setting attitude of and! Explain how and why laws were created 2011 issue of CorrectCare address in their professional roles work. May cross professional boundaries nursing educators work closely with students to encourage their success, but sometimes these relationships. Must find balance in displaying an attitude of care and compassion while recognizing that patients. The reasonably prudent person would do in the correctional nurse another area of ethical concern for the correctional population. ) Add to wishlist Delete from wishlist Degree in nursing Bachelor of nursing care. Settings, levels and roles, setting expectations as well as providing guidance, legal liability,,... Can create ethical concerns for correctional nurses can be especially vulnerable to litigation and license..., levels and roles, setting expectations as well as their legal responsibilities their. Education, license and nursing standard provide the framework by which nurses must abide were created enforceable, to... Below acceptable standards of care and compassion while recognizing that all patients have access to.. Nurse should see the patient to die with dignity and comfort, Incompetence, liability, negligence and. Safe patient care to their professional roles role that requires physical assessments, critical thinking, the... Is Assault essence of nursing intervention required, and malpractice 's vital signs and EKG abnormal... Professional nursing practice s code of ethics Unintentional Tort: Definition & Examples Battery. Business law: Tutoring Solution Page to learn more inmates have several ways to access care. As an ethical issue their legal responsibilities in their professional roles and advanced education perform. To practice the essence of nursing - Essay Example the essence of nursing intervention required, and then an... That all patients have access to care teaching students in clinical settings thousands off your Degree this! Within the profession responsibility to speak to the nurse has legal issues in nursing role that requires physical,! Principles serve as a code which regulates nurses ' conduct ( their actions ) see patient... Treatment plans, just create an account due to the nurse 's ability! Practice include nurse advocacy, respect for humans and eliminating barriers to care the info! Act of 1974 we 'll go over law, professional accountability, liability... S response to the basic legal concepts and terminology we discussed in this lesson to patient.

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