Premium Essay

Professional, Ethical & Legal Issues in Nursing Practice

In:

Submitted By mathet
Words 3749
Pages 15
Singapore Nursing Board Standards for Nursing Practice defines that Nurses/midwives have the professional responsibility and accountability to uphold
Standard of care and to contribute to their dissemination, interpretation and development despite medical advances, social and demographic changes and an increasingly complex healthcare delivery system that challenge the ability of nurses to provide safe quality of care. Should nurses fail to uphold certain standards and by doing so cause harm or injury to the client, they would be held liable in the tort of negligence. Description of a practical situation which raised ethical issues:
Mr Lim 70 years old has been hospitalised for medical treatment with the diagnosis of chronic heart failure. He was ordered intravenous therapy by Dr Peter the medical resident. Nurse Su questions the order because it is for an infusion of Dextrose 50%. Dr Peter tells her that he checked it with Dr Lee, the medical officer. Nurse Su checks it with Nurse May before administration. Later, Mr Lim has a cardiac arrest and suffers extensive brain damage as a result of the infusion. The hospital inquiry is held and it determined that the correct infusion would be Dextrose 5%. Mr Lim’s family members are very upset and seek legal advice. All names mentioned in the above scenario are pseudonym.
Identification of the ethical issues within the situation:
Negligence
Negligence is the breech of an obligation or duty to act with care, or failure to act as a reasonable or prudent person under certain circumstances. Negligence is established as an unintentional tort alleged when one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances. (Judson & Harrison, 2010, p. 69). To enforce tort of negligence, the basic elements of tort of negligence must be established

Similar Documents

Premium Essay

Professional Ethics

...Running head: PROFESSIONAL ETHICS Professional Ethics Paper Patrick Kelley University of Phoenix Health Law and Ethics NUR 478 Susan Lawson, RN, MS, CLNC July 18, 2010 Professional Ethics Paper The purpose of this paper is to describe the relationships between legal and ethical issues, identify personal values and professional ethics, examine ethical theories and principles, and apply these to current practice examples. Nurses face an ever-growing complexity within their practice as professionals. Understanding the relationship between legal and ethical issues and how to apply that understanding to every day practice is paramount for today’s professional nurse. This paper will further explore these ethical theories and principles while discussing how personal values affect an individual’s nursing practice. The Relationship Between Legal and Ethical Issues Nurses, as with any job, face challenges in order to accomplish the tasks of their role. This is one of the reasons that it is important to have a description that serves as guidance as to how the role is to be accomplished. Without such guidelines, it is likely that there will be a breach of established rules along the way to performing duties and accomplishing the job duties. In situations where one person exercises authority over another, there are important guidelines that define relationship between the two parties. Legal and ethical principles...

Words: 2093 - Pages: 9

Premium Essay

Nursing Law

...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...

Words: 1039 - Pages: 5

Premium Essay

Professional Ethics

...Professional Ethics Paper Carolyn Smith HCS/478 August 15, 2011 Ann-Marie Peckham Professional Ethics Paper The purpose of this paper is to discuss the 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...

Words: 2628 - Pages: 11

Premium Essay

Ethical Issues in Nursing

...Ethical and Legal issues in Nursing The nursing profession is very complex. Every day nurses deal with patients and medical care. There are some days when ethics and legal issues play a role. We were given examples of the legal complexities of nursing through two case studies we were to evaluate. For this paper we will discuss the legal responsibilities of nursing, how personal and societal values can influence ethical decision-making and how the ANA’s Code of Nursing Ethics would influence the final decisions.                                       Legal Responsibilities of Nurses Nursing boards are governmental state agencies responsible for regulating the nursing practice.   A nursing license obtained through state nursing boards validates that nurses have met standards for providing high quality care.   Nurses are legally held accountable for administering medications accurately, educating patients and public on health issues, advocating for the patient regarding health care, and serving as a liaison between the patient and the physician.   Professional standards are determined by Standards of Practice Acts and the American Nurses Association’s Code of Ethics.   As professionals, nurses must also be familiar with ethical responsibilities and protect the rights of their patients and families.   As the definition of liability has continued to expand through the judicial system, courts of laws have placed higher standards on the profession of nursing.     Many times professional...

Words: 1410 - Pages: 6

Free Essay

Ethical and Legal Issues in Nursing

...Ethical and Legal Issues in Nursing Team C NUR/391 Ethical and Legal Issues in Nursing Nurses face various ethical and legal issues in the medical setting. As professionals, nurses must be aware of these legal and ethical issues when they occur. Nurses have a legal and ethical obligation to respond to these issues. Being a professional nurse requires a nurse to assess the pros and cons of different situations, but also to withhold their personal beliefs and listen and respect the beliefs and traditions of others. Legally Nursing implications require nurses to maintain licensure, obey state and federal laws and to remain within their scope of practice. Within these legal and ethical issues the American Association Code of Nursing ethics, personal and societal values, legal aspects and legal responsibilities all affect decisions. Two different cases will be discussed and explored; an advance directive case involving a woman by the name of Marianne, and a malpractice case involving a nurse and the involved healthcare organization. The American Nurses Association Code of Nursing Ethics can influence the final decision made in the case study involving Marianne’s family by designating a surrogate. According to "American Nurses Association" (2011), “The nurse supports patients self-determination by participating in discussions with surrogates, providing guidance, referral to other resources as necessary, and identifying and addressing problems in the decision-making...

Words: 1826 - Pages: 8

Premium Essay

Ethical and Legal Issues in Nursing

...ETHICAL AND LEGAL ISSUES OF Nursing Many confusing factors make it a task to establish, monitor and sustain ethical and legal issues in nursing. Everyone has various personal views based on experiences of life, religion, education and political affiliations, all nurses should be aware about nursing laws and ethics and understand how nursing legal issues can affect them. The American Nurses Association (ANA) Code of Ethics is very influential to nurses because it is used as a framework for making ethical decisions with all aspects of health care. The foundation in any successful professional practice, are based on ethics, values, morals and principles from which the ANA Code of Ethics are formatted. Moral leadership in nursing is about professionalism, responsibility, accountability, and competency. Nurses have an obligation to preserve their patient’s values, beliefs and dignity, to assure optimal health care, personal well- being, and promote quality of life. In all aspect of nursing, nurses are role models, healthcare providers, patient advocates and are required to meet the needs of their patients. Which can be done by communicating openly and honestly, being fair and trustworthy, being proactive, and by putting patients first. Nurses are face with ethical dilemmas on a daily basic therefore, must examine their own personal and professional values and morals in order to maintain a caring and compassionate relationship with their patients. When complex ethical...

Words: 956 - Pages: 4

Premium Essay

Ethical and Legal Issues in Nursing

...Ethical and Legal Issues in Nursing NUR/391 Ethical and Legal Issues in Nursing As nurses, it is our duty to advocate for our patients. At times, we are faced with personal and professional challenges that impact how and when we chose to advocate. It is imperative we have a healthy awareness of these potential challenges. Improvements in health care technology have provided patients with an array of treatment options as well as assumed or possible increased chance of survival. As a result, nurses are met with a rise in ethical decision making. This paper will discuss the legal, ethical, social, and personal factors that can impact our decision making process, with the focus on two specific case studies. American Nurses Association Code of Nursing Ethics Role in Practice The American Nursing Association (ANA) has created a set of ethical standards for the profession of nursing to abide by, which is entitled the ANA Nursing Code of Ethics. The ANA Code of Ethics states that collaboration is central to the care nurses deliver and to their ethical commitment to the patient (Garity, 2005). In the end-of-life case study, the nurse (she) has an unwritten obligation to the patient; the family appears to be in conflict with how to proceed with the patient's medical treatment. The medical team has an obligation to give the family all of their options and possible outcomes. If the family remains in conflict, it would then be appropriate for her to refer the family to...

Words: 1859 - Pages: 8

Premium Essay

Ethical and Legal Issues in Nursing

...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...

Words: 1176 - Pages: 5

Premium Essay

Nursing Ethics and Law

...Nursing ethics and law Name Institution’s name The case scenario involving Jazi, a patient admitted in ICU, depicts a number of both legal and ethical issues. The fact that Jazi was not involved in the decision making process regarding his treatment option has resulted to professional and moral questions on whether it was right or wrong. Inherently, this paper identifies the ethical and legal issues that results from the actions of the nurses, and the doctor with regard to Jazi condition. Legal issues Legal Issues | Facts supporting / refuting | Further information which needs consideration | * NFR directive | * Nurses should have worked on the verbal order | * Why did the nurses not follow up with the doctor on the NFR directive? | * Decision making process involvement | * The nurses did not involve the patient in decision making process (Matt, 2012). | * Why did the nurses continued with their duty despite their knowledge of the mistake? | * Negligence | * The nurses owed the Jazi duty of care, | * Why did the nurses not follow up with the doctor on the NFR directive and provide the required care? | Ethical issues Principle | Explanation | Independence | The scenario reveals Jazi's autonomy breached since he was not involved in the decision making process regarding his treatment options (Ghaye, Gillespie & Lillyman, 2000). | Moral duty | The nurses have the moral duty to ensure the well being of the patient, and so they...

Words: 2246 - Pages: 9

Premium Essay

Ethical & Legal Aspects of Nursing

...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...

Words: 1371 - Pages: 6

Premium Essay

Reflective Writing

...Assessment is the first stage of nursing process in which the nurse should carry out a complete and holistic nursing assessment of every patient’s needs, regardless of the reason for the encounter. Usually, an assessment framework, based on a nursing model is used. This assignment attempts to define the points of view of two different frameworks used to collect health assessment data, which are Majory Gordon’s Functional Health Pattern (1994) and The Roy Adaptation Model (2009). The next part would be mentioned about codes of professional, ethical and legal considerations. Finally, I would reflect myself regarding to how to collect and organise patient’s comprehensive health assessment data use these frameworks. The Functional Health Pattern assessment framework is particularly useful in collecting health data to formulate nursing diagnoses (Gordon, 1994, p. 69). Gordon has defined 11 functional health patterns that provide for a holistic client database (p.70). The first pattern is Health perception-health management pattern, is focused on the patient’s perceived level of health and well-being, and how to manage patient’s health. The next pattern is Nutritional –metabolic pattern. This assessment is focused on the pattern of food and fluid intake relative to metabolic need (pp. 80-82). The Elimination pattern is the third pattern. In this pattern, data collection is focused on excretory of the patient. Includes regularity and control of bowel and bladder habits...

Words: 1114 - Pages: 5

Premium Essay

Ethical and Legal Issues in Nursing

...Nurses today face many ethical dilemmas in the delivery of patient care. What can or should be done for the patient versus the wishes of the patient’s physician conflicting with the personal beliefs the nurse holds to be true. The client’s wishes may conflict with the institutional policies, physician professional opinion, the client’s family desires, or even the laws of the state. According to the nursing code of ethics, the nurse’s first allegiance is to the client (Blais & Hayes, 2011, pg. 60). The ethical ideals of each nurse must be weighed with the laws of the state along with providing the most ethical care for the patient. The advancements in medical technology make it possible to sustain a patient life where previously there was no hope of recovery. These advancements have put nurses in the forefront of decision making begging the question “just because we can, should we” to be answered. Nurses need to understand the legalities involved with these new technologies to practice safely and effectively. Scientific achievements have opened new ground for nursing exploration. 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. 75). This paper will explore the ethical and legal issues encountered by nurses in two case studies. The American Nurses Association Code of Nursing Ethics could influence a final decision in each case study...

Words: 1423 - Pages: 6

Premium Essay

Mental Health Essay

...Professionalism and Professional Values of Nursing in Mental Health Professionalism refers to professional character, spirit, or methods. It is a set of attributes, a way of life that implies responsibility and commitment. Nursing, as a profession is differentiated from a job or other occupations by distinct characteristics. These characteristics include specialized training, service orientation of members, ongoing research, code of ethics, autonomy and professional organization (Berman, Synder, Kozier & Erb, 2008). According to Fahrenwald et al (2005), the five core values of professional nursing are human dignity, integrity, autonomy, altruism and social justice. These core values are essential in the training of nurses and integration in practice by the caring professional nurse enhances patients’ care. Townsend (2011), states that caring for individuals with mental illness is challenging as nurses are frequently faced with complex situations, in which difficult decisions has to be made. This situation is further compounded by the stigma associated with mental illness, denial of illness, costs, limitation of access to services, lack of parity, changing needs of the population, which make majority of patients with mental illness not to seek treatment (Mohr, 2009), thereby posing a danger to themselves and the community. The practice of nursing has set standards aimed at improving the health and well-being of all individuals, communities...

Words: 518 - Pages: 3

Premium Essay

Professional Moral Compass

...separate domains, the issues we face in healthcare often intersect these areas. While the American Nurses Association Code of Ethics is the standard of ethical conduct, often nurses are confronted with issues that go beyond these principles. Historically, healthcare ethics concerned patients' rights, including the right to be part of their healthcare decision-making. As nurses expand their scope of responsibility, we find ourselves faced with ethical decisions not involving only patients' rights and professional issues, but also issues relating to business and economic factors. Many ethical dilemmas involve the potential conflict of interest between the needs and interests of the patient and the desire of the practitioner to make more money. Ethical vs. Legal Conduct To begin with, it is helpful to distinguish between ethical conduct and legal conduct. For nurses and other medical professionals, behavior that might be considered unethical does not necessarily have to be illegal, but most illegal acts are always unethical. A nurse's behavior, if guided by moral imperatives, should ethically reach a level of responsibility and decision-making that stands apart from legal considerations. Simply put, ethical standards govern our behavior and are based on honesty, responsibility and fairness. In this age of decreasing reimbursement, increased competition and higher business costs, it can be a challenge to maintain an ethical and profitable professional practice, even for nurses...

Words: 632 - Pages: 3

Premium Essay

Nursing : Career Development

...Introduction Nursing is a call to serve the humanity. Present day healthcare system focused on preventive care and wellness has become highly advanced which makes every nurse responsible to achieve maximum level of education, skills and power of knowledge to meet the challenges. Continuous research in nursing and the evidence obtained from the research serves to support the nursing care. Continuing education helps nurses to keep track of all the developments taking place in the field, trace advances in technology and care, have a better understanding of all current rules and regulations, beware of all ethical and legal aspects of nursing as envisaged by various boards of nursing and other authorities in the field of healthcare. In this paper, I would like to explain the position statement of career development in nursing. It is only through proper and continued education that nurses can provide patients better care, assess and report what is best for the patient and always seek ways to improve patient outcome. In order to achieve the best results, nurses need to identify the core knowledge, scientific principles, skills and attitudes of nursing practice to improve healthcare system (International Council of Nurses, 2007). Therefore career development must be achieved by integrating care through our scholastic system, giving nurses opportunity to learn, grow and move up the ladder, making them capable of leading from the forefront. Career Development in Nursing Ever changing...

Words: 2144 - Pages: 9