In England and Wales, the Family Law Reform Act 1969 states that a person who is 16 or 17 years old has a statutory right to consent to treatment, under section 8, a minor aged 16 or over is considered an adult and has the legal rights which flow from this categorisation. “Section 282A does not address consent. Examine medical malpractice cases and the impact on the nurse and the … Copyright © 2003 - 2020 - UKEssays is a trading name of All Answers Ltd, a company registered in England and Wales. Critically analyse how ethical, professional and legal issues underpin nursing practice. 19, No. The NMC (2008) provides strict guidance about the nursing practitioners code of practice and the accountability that members of the profession should have towards patients in their care; it is in light of this that nursing professionals have a responsi… Types of Nursing Specialties: 20 Fast-Growing Nursing Fields With the nursing field constantly evolving, there are a variety of different types of nurses you can be. ix, However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for practitioners. In 2019 the NMBA consulted on definitions of advanced practice and nurse practitioner with the definitions below approved by the NMBA in August 2019. The administration of medical treatment including palliative care is already governed by a legal regime. Ambulatory care nursing A legal nurse consultant is a nurse who works as an expert on cases involving medical issues. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. allnurses is a Nursing Career, Support, and News Site. The breach of duty test refers to the reasonable judgments of ‘responsible bodies of medical opinion,’ where those of special skills or competence are judged at a higher standard for that profession, rather than the ordinary person test.xxii The standard of care is also higher for professionals, and while the primary duty is with the doctor, nurses can also be held liable even when acting under direction from her employer.xxiii The nurse, even when supervised, must exercise her own skill and competence as expected of a nurse of the same level and experience.xxiv. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. Health professional should treat the person ‘autonomously’ and prevent him/her from harm and care provider should also aware of legal implication of action taken(Ulysse, Balicas & Yiquing 2011). viii While case law often determines the ‘public interest’ query, individual practitioners and nurses must still exercise professional judgment and are personally accountable for any decisions which may breach ethical standards. Now the questions that arises here is that if the nurse does not disclose the truth to the patient then what would be the legal implications. They may provide counseling, organize family meeting or make referrals to mental health professionals if needed (Bush & Bruni 2008). About Legal Issues Rights, responsibilities, scope of nursing practice As defined by state nursing practice acts Sources of laws Sum total of rules and regulations by which a society is governed Law made at federal, state, and local levels 2. From neonatal to hospice, and everything in between, nursing comes in a wide variety of specialties, each with its own set of challenges and triumphs. The estate planner works to ensure that the client's intentions with respect to the distribution of his or her assets will be effectuated precisely … They can work in law offices, government agencies, hospitals, and insurance companies. This law is known as doctor patient confidentiality law this state that medical practitioner doctor, nurse or a paramedical personnel cannot divulge information about his patient to a non related person or a person without patient’s medical attorney until and unless directed by the court of law. All work is written to order. Second, a breach of that duty by not meeting the required standard. 27th Nov 2017 PSY403 Ethical and Professional Issues In Psychology. Looking for a flexible role? According to the constitution of Australia, it is not at all acceptable to claim the life of a person for any medical reason and direct any medications without his consent. “Patients and families from diverse communities have different beliefs about autonomy and may not envision disclosure of information in the same way as their health care providers. administer medication without consent. The text of the legislation for regulating nurses, midwives and nursing associates. In this case study patient is facing an impending death from cancer and terminal diagnosis of cancer which will brings her life to the end. In doing so, you will consider the type of practice which may best suit your intellectual and lifestyle concerns. (Collis 2006) suggested that before disclosing the information to family members it is must to seek the patient’s consent. Please refer to an authoritative source if you require up-to-date information on any health or medical issue. You can review professional standards by visiting the websites of accredited organizations such as the American Heart Association, the American Nurses Association, The Joint Commission, and the American Association of Critical-Care Nurses, as well as state and national regulatory agencies such as your state's board of nursing. TPAPN 6. This is a duty of confidentiality, to not give information about the patient to others without consent. Prima Facie it is a clear case of violation of constitutional rights of a patient if nursing professional does not inform the patient about her medical condition and learn her desire and judgment in designing and developing her future treatment and palliative care plan. (ACMA 2011). In the modern world, there are a number of nursing specialities. 2011). The most important issues related to this bond are disclosure of truth, kindness and communication.” The patients who are suffering from terminal illness generally prefer to hear the truth but they wish it to listen to it in a receptive way (Maria, Ann & Anna 2011). • Ethics is the attempt to identify norms or standards of right or good behaviour. A number of medical professionals from different fields of medical sciences are constantly working on developing and designing new measures to provide the best palliative care to the patients who are suffering from serious illness. To its credit, this new edition of Fundamental Aspects of Legal, Professional and Ethical Issues in Nursing offers many practical signposts to good practice, but … When the medical practitioners communicate with the patients, being honest is a fundamental way to develop trust and respect for the patient. (Ford & Reutter 1990) .It also refrain the nurse from the intentional commission of a wrongful act. iThese d… Free resources to assist you with your university studies! An immigration lawyer may work for the government, a law firm, a community-based organization, or in-house for a company employing immigrants. i These duties are supplemented by … Palliative care uses a team approach to handle the needs of the patients and their families. This chapter examines how the law influences nursing. Trusts & Estates Law: This practice area is unique in that it brings the practitioner in close contact with the personal lives of clients. You can review professional standards by visiting the websites of accredited organizations such as the American Heart Association, the American Nurses Association, The Joint Commission, and the American Association of Critical-Care Nurses, as well as state and national regulatory agencies such as your state's board of nursing. It is totally unfair to withhold the truth from the patient about his existing health conditions, especially when the patient is capable enough to give the consent about various medications and procedures. Ethics regards standards of moral judgement and professional conduct. It is very complicated to reveal the information opposite to relative’s desires (Cavanna et al ,2009). Legal issues and regulations play a dominant role in nursing practice today. professional and legal issues underpin nursing practice. It offers a support system that helps patients to be lively as much as possible until death. She has worked as an in-patient charge nurse, clinical research coordinator doing research for pharmaceutical companies, and has served as the RN-case manager for Great Plains Home Health and Asera Care Hospice serving central Nebraska. Download a PDF copy of this Fact sheet - Advanced nursing practice and specialty areas within nursing - May 2020 (139 KB,PDF). 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