The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s … Malpractice is the improper or inappropriate care of a patient based on the assumption of the nurse's professional ability. LEGAL ISSUES IN NURSING PRACTICE Countries & state legislation directly affects the healthcare industry. I recently had a bilateral mastectomy and breast reconstruction at a major Boston hospital. One of the most notable laws related to nursing is known as 'mandated reporting'. Liability is an obligation that can be enforced by law. Not sure what college you want to attend yet? Fidelity (remaining faithful to one’s commitment). Now, what about nurses today? 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It is enforceable, applies to all nurses, and requires a specific standard be met. 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 imagery is the result of history, when nurses used to work in a strictly task-oriented role. The nurse’s … 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. It … A face-to-face discussion would be best, but the nurse could also first speak with the inmate by phone, making sure to ask the right questions, and then determining if the inmate should be moved to the medical unit or if the nurse should go to the inmate’s housing area. In some prisons, nurse participation in execution may arise as an ethical issue. 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. - Definition & Examples, Quiz & Worksheet - Legal Issues in Nursing, Over 83,000 lessons in all major subjects, {{courseNav.course.mDynamicIntFields.lessonCount}}, What Is Tort Law? Justice (fairness, equitability, truthfulness)5. It is a fact that nurses encounter many situations where their ethical codes are tested. In general, the nurse should see the patient to evaluate health needs and determine the level of care required. Breaching professional boundaries Nursing educators work closely with students to encourage their success, but sometimes these close relationships may cross professional boundaries. Create an account to start this course today. 1. In the correctional setting, the patient is at the core of professional nursing practice. Legal Issues In Nursing Bachelor Of Nursing - Essay Example. Law is defined as a code which regulates nurses' conduct (their actions). © copyright 2003-2020 Study.com. The correctional nurse should not participate in executions. Although understanding the legal concepts and terminology in nursing may sound like a daunting endeavor, the principles are simple when we break them down. Correctional nursing allows the nurse to practice the essence of nursing while recognizing that all patients have intrinsic value. Cultural practices do not influence biocultural needs because they are … | {{course.flashcardSetCount}} The standard is based on what a reasonably prudent person would do in the same situation. 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. Study.com has thousands of articles about every Before a medical procedure takes place, it is the nurse’s responsibility to obtain informed consent. courses that prepare you to earn The nurse wanted me up and walking after the surgery (“Promoting Nursing Students’ Ethical Development in the … 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. Let's review some of the legal concepts and terminology we discussed in this lesson. These principles serve as a guide to the nurse in making ethical decisions. - Definition & Examples, Biological and Biomedical 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. Respect for persons (autonomy and self-determination)2. 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 … Legal issues in nursing are nearly always related to potential harm to the patient. This article will examine some of the ethical and legal issues correctional nurses must address in their practice. first two years of college and save thousands off your degree. Every patient has… The healthcare industry and the practice of nursing are heavily regulated by both federal and state laws. Sciences, Culinary Arts and Personal We'll go over law, jurisprudence, incompetence, liability, negligence, and malpractice. For example, failure to communicate a patient's medical history, ignoring a medication allergy, or administering medication that is not prescribed. Correctional nurses can be especially vulnerable to litigation because the correctional patient population has a constitutional right to health care. Legal systems, and the conditions under which nurses work, vary worldwide. This chapter examines the legal aspects of nursing practice. Nurses with more training, education, development and experience than physicians are supposed to follow the orders of physicians who may be misinformed or inexperienced. - Definition and Examples, Unintentional Tort: Definition & Example Cases, What Is Medical Negligence? Get access risk-free for 30 days, If the communication is from the officer to the nurse, the nurse has a responsibility to speak to the inmate. Education plays a key role in understanding these matters, as well as the knowledge of legal … ©2019 "Submit … [This column appeared in the Winter 2011 issue of CorrectCare. Jurisprudence can be a rather involved practice. The correctional nurse is in a unique position to evaluate the quality and effectiveness of patient care. When you think of the very first nurses, what image comes to mind? Comments (0) Add to wishlist Delete from wishlist. Anyone can earn 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. Regardless of the method, the nurse has a legal and ethical obligation to respond to the request for care. Legal issues in nursing documentation regarding medication records and medication errors are common. Regardless of the intention, experience, or the patient's pain level, and even if no injury occurs, the nurse has committed an act of malpractice by providing care outside of her scope of practice. This position is supported by the ANA’s code of ethics and NCCHC‘sStandards for Health Services in Prisons (standard P-I-07). What Can You Do With a Bachelor's Degree in Nursing? Beneficence (doing good)3. These concepts and a few more are described in this section. Laws: 1. impose a duty to conform to a specific standard, 2. apply to all nurses, 3. can be enforced. ], 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). and career path that can help you find the school that's right for you. You may also have heard about liability, negligence, and the Good Samaritan Act. Legal issues in nursing practice. 's' : ''}}. imaginable degree, area of - 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? However, for purposes of documentation, state laws delineate certain guidelines that should be … 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. 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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. Legal and Ethical Issues In Nursing was first posted on December 16, 2020 at 7:08 am. 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. Log in or sign up to add this lesson to a Custom Course. This law requires all nurses to immediately report any suspected or known neglect, abuse, or exploitation of any patient (adult or minor) encountered in the professional setting. 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. Based on the information provided, the nurse must determine the type and level of nursing intervention required, and then implement an action. Jurisprudence is the science or philosophy of the law, which can include ethical and moral discussions, societal and political views, and the historical context. Malpractice can also describe a situation in which a nurse oversteps their role and provides care outside their scope of practice. There are three main components. 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 … 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). Nursing Charges Most common charges brought against nurses include Substance abuse Incompetence Negligence State board of nursing is responsible for discipline within the profession. There are multiple governing bodies that determine the laws by which nurses must abide. Laws and regulations that affect nursing practice and the safety of clients are essential for … To unlock this lesson you must be a Study.com Member. Veracity (telling the truth)6. - Definition and Examples, Battery: The Elements of an Intentional Tort, What Is Assault? The Board … 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. 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 … This course focuses on the U.S. legal system. Legal Nursing Consultant: Job Description and Education Requirements, Graduate Nursing Scholarships: How to Find Them. 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