Your email address will not be published. When legal issues arise, the nursing documentation becomes a central part of proving whether standards of care were met or not. Have all spaces filled in on documentation forms; leave no blank spaces. There are also some jurisdictional differences within the UK with Scotland and Northern Ireland having separate legal systems. Lawis defined as a code which regulates nurses' conduct (their actions). © 2020 Lakehead University. Legal Aspects of Nursing helps to thoroughly understand the relationship between the law and Nursing practice. A student nurse who is not yet licensed: a. may not perform nursing actions until he or she has passed the licensing examination. Purpose The purpose of this course is to instruct the nurse learner on legal aspects of nursing that could impact her licensure. Give fluid bolus and vasopressors, and monitor sodium levels. transferred? Failure to follow the hospital’s rules could be considered negligence. Should I accept verbal phone orders from a physician? A nurse is not responsible for the negligence of the employer (hospital). —mandatory licensure required in order to practice nursing. Guidelines regarding who can donate, how donations are to be made, and who can receive donated organs (Uniform Anatomical Gift Act). C. Revoking a license: Board of Examiners in each state in the United States and each province in Canada has the power to revoke licenses for just cause, such as incompetence in nursing practice, conviction of crime, drug addiction, obtaining license through fraud, or hiding criminal history. —compromising a person’s right to withhold self and own life from public scrutiny. Legal Aspects of Nursing Introduction The American Nurses Association (2004) (ANA) is promised to accelerating professional nursing purposes and highlighting the addition between well-educated medical practitioners and worth wellbeing care. Professional Aspects of Nursing. Prospective donors of only tissues: those with no cardiopulmonary function (e.g., can donate corneas, eyes, saphenous veins, cartilage, bones, skin, heart valves). Report it to your supervisor. Find out more below. This chapter highlights key legal issues that affect professional nurses. 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. Am I justified in refusing (on the basis of “invasion of privacy”) to give information about the client to another health agency to which a client is being It is important for nurses to realise that they are legally responsible for their own actions and that, although the EN works under the supervision of a Registered Nurse (RN), this does not relieve them of personal liability. Each registered nurse is directly accountable and responsible to the consumer for the quality of nursing care rendered.” (American Nurses Association: Nursing: Scope and Standards of Practice. Our legislation. All facts and information regarding a person’s condition, treatment, care, progress, and response to illness and treatment. Proof of intent to do harm is not required in acts of commission or omission. Important of polices and regulations to control staff acts B. No. Legal definition of brain death (Uniform Determination of Death Act)—absence of: breathing movement, cranial nerve reflex, response to any level of painful stimuli, and cerebral blood flow; and flat EEG. One of the most notable laws related to nursing is known as 'mandated reporting'. E. A nurse is legally responsible when participating in a criminal act (such as assisting with criminal abortions or taking medications from client’s supply for own use). Legal claims against a nurse require evidence of a nurse-patient relationship, which confirms a duty to the patient. Common law: accumulation of law as a result of judicial court decisions. A. Our legal framework; As the independent regulator for nurses, midwives and nursing associates, what we do is set out by legislation. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. D. A nurse cannot legally diagnose illness or prescribe treatment for a client. 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. The legal aspects of nursing are an area that is both extremely important and constantly changing. Failure to observe and take appropriate action—forgetting to take vital signs and check dressing in a client who is newly postoperative. The nursing profession is underpinned by many professional, legal and ethical issues that are vital for safe practice and ensure the best interest of patients are being met. Many countries in the 21st Century with the increase in global movement have become multicultural. Sponge counts: incorrect counts or failure to count. Selected person does not have to reveal in court a client’s communication to him or her. Tort: a wrong committed by one individual against another or another’s property. Introduction: Nurses face many legal and ethical issues while providing patient care and it is essential to understand the law and the w ay it affects the nursing practice. iThese d… Maintain body temperature at greater than 96.8°F with room temperature at 70° to 80°F, warming blankets, warmer for intravenous fluids. Legal, Ethical and Professional Issues in Nursing Critically analyse how ethical, professional and legal issues underpin nursing practice. B. Focus topic: Legal Aspects of Nursing A.Legal aspects to protect potential donors and to expedite acquisition 1. It makes sense to start our look at record-keeping by looking at some of the legal issues around it. Be accurate, factual, objective, complete, precise, and clear. It has become evident that the more negligence cases there are in the field, the less the people who want to enter into the nursing field due to fear of legal implications and inventible suits that arise in the course of provision of nursing care. The policies which will be explored are confidentiality, informed consent and autonomy. Dimond, B 1994, The Legal Aspects of Midwifery, Books for Midwives Press, Cheshire. Maintain greater than 100% PaO2 and suction/turn and use positive end-expiratory pressure (PEEP) to prevent hypoxemia caused by airway obstruction, pulmonary edema. Law is the result of the minimum level of shared values or ethics of a community of people. scope of Nursing Practice standards of care compliance with licensing requirements. Start studying Legal & Ethical Aspects of Nursing. The nursing environment is full of situations under ethical and legal constraints. If called on the witness stand in court, do I have to reveal confidential information? Negligence: “Omission to do something that a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs would do; or doing something which a reasonable and prudent person would not do” (Brent N: Nurses and the Law. The law informs nursing at every stage and it is essential that you understand and are able to critically reflect on the legal issues relevant to nursing practice. client is harmed by it. 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. 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