Informed Consent In Nursing

According to Ogungbure, The aim of research ethics is to ensure that research projects involving human subjects are carried out without causing harm to the subjects involved. (Ogungbure 2011) As a nurse it is important to follow the ANA code of ethics. Being aware and practicing ethical principles will help with treating the Patient and keep them informed with their healthcare choices. Nursing in itself can be challenging and everyday you can be faced with ethical dilemmas.

Topic: Choose an aspect of the law and discuss this in relation to the role of the nurse. (Consent)

The Doctor and Patient relationship aspect of Medicine has changed drastically in the last twenty years. It has evolved from paternalism (the doctor makes the decision for the patient) to shared decision making where the patient is considered an equal partner in his/her own health related decisions. Informed consent is the cornerstone for this view. When a patient or a research subject makes an autonomous decision after understanding, the risks and benefits involved with the decision is Informed consent. Complete Informed consent covers the following components: competency, disclosure, comprehension and voluntary. Competency refers to the requirement for the individual to be of legal age and be mentally competent to understand the process.

The author cites qualitative research articles and nursing education manuals and training manuals from many different authors and time periods. There were no quantitative studies cited. All research article referenced were relevant to the study, most were greater than seven years old and older. No evaluations of strengths or weaknesses were available for referenced material. The limitations of this study were named as: “data was exploratory, It was not the specific intention to explore the management of the patient who refuses care; the topic came from the inductive data analysis.(Aveyard, 2004, p. 349) It is relevant as this is a previously unexplored area of nursing.(Aveyard, 2004, p. 349) The author builds a logical argument through discussion of nursing education, and the fact that nursing education and the focus of informed consent in nursing education is on the nurse’s role in obtaining consent prior to medical procedures and research procedures, and not prior to nursing care procedures. The author uses the argument that the lack of discussion on informed consent does not negate its importance and it purpose which is to protect a patients autonomy .(Aveyard, 2004, p. 346)

After termination of the study, the government implemented and has regulated several changes that impact nursing and public policy today. After ethical concerns had been publically raised and the study was terminated, the National Research Act was signed into law in 1974. This policy was used in the creation of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, which proved helpful in identifying policy issues such as the lack of identified basic principles of research conduct and lack of informed consent. Regulations were passed according to this panel’s recommendations that required voluntary consent from all persons involved in studies which are funded or conducted by the Department of Health, Education and Welfare (DHEW) (CDC, 2013). For nurses, this involves a responsibility to ensure that research participants are advocated for and the consent being obtained is used as an educational, informative

The U.S. Healthcare System continues to evolve and develop delivery strategies of affordable high-quality health services to all individuals. Striving to make available superior advances in U.S. health, healthcare providers delivery options, solutions and/or treatments for the American populace.

The two ethical violations exhibited by the worker in this case are; informed consent and competence.

Informed consent is a formal agreement that a patient/member signs to give permission for a medical procedure or program after an explanation of risks and benefits are given to the patient/member (Merriam-Webster.com, 2015). Another definition for informed consent is, “tenet requiring that competent patients, who are free to consent, be sufficiently informed and be the principal decision makers in their own care” (Brannigan, 2001).

Conducting quality research requires the researcher to perform within both ethical and legal guidelines. “Ethics is the study of right and wrong” (Houser, J., 2012, pg.50). Ethics provide the avenue for decision making and are guided by the researcher’s integrity. Legal guidelines provide direction to the researcher by specifying what is required by law to conduct research. As a nurse researcher, it is an ethical duty to advocate for patients when incompetent, unethical or illegal practices are observed.

Ethical issues in nursing will always be an ongoing learning process. Nurses are taught in nursing school what should be done and how. Scenarios are given on tests with one right answer. However, there are situations that nurses may encounter that may have multiple answers and it is hard to choose one. “Ethical directives are not always clearly evident and people sometimes disagree about what is right and wrong” (Butts & Rich, 2016). When an ethical decision is made by a nurse, there must be a logical justification and not just emotions.

The third Legal aspect is consent which is the leading body of defence to an action for trespass (Dimond, 2015). In law, in association to consent, there are two major actions, to trespass the person or inaction in negligence for a breach of the duty of care to inform the patient (Dimond, 2015). Unlawful touching of an individual, for illustration, may violate civil and criminal law and this mustn’t be overlooked in nursing (Mckay, 2010). The Law requires that valid consent must be obtained before proceeding and that there are two kinds of consent; implied or informed. Informed meaning the patient must obtain adequate knowledge to enable them to arrive at an informed decision which can be written or verbal (RCN, 2015). Jamie’s consent to the student nurse is

Ethics is an essential aspect of health care practice and those working in the nursing profession are often subject to frequent ethical dilemmas. It is essential for all nurses to be aware of the importance of ethics in health care and to practice within the ethico-legal parameters that govern the profession. However, while this is relatively easy in theory, ethics is not a black and white subject and often one’s culture, upbringing, attitudes and beliefs can influence what one views as ethical and this can therefore influence practice. This report will discuss the importance of ethics in nursing practice. The definition of ethics will firstly be presented followed

The hospital is responsible, as the room staff had the responsibility of verifying consent before preparing for the procedure. The hospital should guide all staff including the medical faculty of the importance and legal repercussions about the informed consent. The staff must ensure that the will of the patient is documented and the evidence of this orientation, because in a legal process what is not documented is not valid and the doctor can not rely on the benefit that its decision had on the patient and if the patient express his decision it should have been documented. So the re orientation is necessary to prevent a recurrence of this

“Respect for human beings involves giving due scope to peoples capacity to make their own decisions. In the research context, this normally requires that participation be the result of a choice made by the participants” (NHMR, 2007, p.3).  Freegard 2012 (p.60), states that “respecting the rights of others,” includes a responsibility for Health professionals “to let others know about their rights” and that this forms the basis of an informed consent.

Blackwell, w. (2014) states that we live in a society governed by an excessive extent of rules and regulations. Many of these rules apply to every individual within society for example rules relating to the use of public services; while other rules will focus and apply only to specific groups of individuals such as healthcare professionals. The aim of this assignment is to discuss the concept of consent in relation to the role of the nurse, with the purpose to demonstrate the ethical and legal implication of consent on nursing and professional practice.