Nurses are constantly challenged by changes which occur in their practice environment and are under the influence of internal or external factors. Due to the increased complexity of the health system, nowadays nurses are faced with ethical and legal decisions and often come across dilemmas regarding patient care. From this perspective a good question to be raised would be whether or not nurses have the necessary background, knowledge and skills to make appropriate legal and ethical decisions. Even though most nursing programs cover the ethical and moral issues in health care, it is questionable if new nurses have the depth of knowledge and understanding of these issues and apply them in their practice
In the Code of Ethics for Nurses provision 4 states “The nurse has authority, accountability, and responsibility for nursing practice; makes decisions; and takes action consistent with the obligation to promote health and to provide optimal care.” This was not done, there was no regard for human life. The patients in the hospital were treated as a burden. A meeting was held where the doctors agreed that
“The definition of a health professional is a person who works to protect and improve people’s health by the diagnosis and treatment of illness to bring about a complete recovery from mental, physical and social perspectives, either directly or indirectly (Kurban, 2010, pg. 760).” Nurses in the community today have acquired an increasing responsibility to intervene with medical decisions. In the past, there were clear differences between nurses and doctors. It was more common for a nurse to be supervised directly under the physician. They are not just performing Doctor’s orders anymore. The nurse role in patient care has been widely expanded. Allegations against someone can be one of the most stressful moments of their careers. Negligence
The two provisions from the Nursing Code of Ethics that were violated are Provision 2 and 3. Provision 2 states “the nurse’s primary commitment is to the patient, whether an individual, family, group, community, or population” (Brown, Lachman & Swanson, 2015). Provision 2 focuses on “the nurse’s obligation to assure the primacy of the patient’s interests regardless of conflicts that arise between clinicians or patient and family”(Brown, Lachman & Swanson, 2015). Provision 2 was violated because the nurses
According to the ANA (American Nurses Association), it is the duty of nurse to protect the patient’s rights, safety, health and advocate for the patient. By treating the patient in an open area, invades their privacy, can cause embarrassment and most of all jeopardize trust between the patient and care giver. This negligent care could also lead to legal ramifications in the future against the hospital. By breaking this trust, the patient may also omit valuable information that could affect their treatment ultimately causing them harm. Some patients may become noncompliant with their prescribed treatment. It is essential that effective communication between patient and care provider occurs at all times. . Healthcare providers are obligated to give safe and effective care.
Nurses are undoubtedly one of the most trusted professionals worldwide. Patients, family members, and doctors entrust nurses to provide the utmost quality care to sick individuals. Top priorities of all nurses are advocacy for their patients: including advocating for their physical health, holistic welfare, and utmost importantly, their safety. Patient safety will always be the top priority when providing patient care. The nurse’s responsibility during every patient encounter is to ensure that each patient under her care, receives no harm. As a direct result of the previous statement, it is crucial that every nurse knows their rights to refuse unsafe patient assignments, the process to refuse unsafe patient assignments, and the legal or ethical ramifications that could present themselves if proper judgement is not used. By understanding these rules, nurses not only achieve the responsibility of advocating for patient safety but also safeguard their careers and license.
The civil and common laws to protect the client´s rights are calls Torts: A Tort is a civil wrong made against a person or property and this are classified as Intentional Torts when violate another´s right such as false imprisonment and assault battery; Quasi-Intentional torts that is when lacking but volitional action and direct causation occur such as invasion of privacy and deformation of character Unintentional torts with includes Negligence and Malpractice. The improper act that she performed is a Quasi-Intentional tort. In to avoid legal and ethic problems the nurse must always follow the Standard of
Nurses are always the front line care giver of patients. A review of literature of nursing ethics about informed consent has been performed. It strongly demonstrates the importance of informed consent and that nurses are the key players for the advocacy role to protect the patient’s right.
This can include cases of perceived “pain-seeking” patients or “frequent flyers”. It can be difficult to treat those we see as trying to “use the system” for pure personal gain equally to those we may see as “truly ill”. It is important to remember to treat everyone in the same manner. Another important provision is provision 3. This provision states, “The nurse promotes, advocates for, and strives to protect the health, safety, and rights of the patient.” This means that nurses must always do everything thinking of the patient’s best interest first. This includes making sure they are fully informed before signing any consents for procedures and questioning any orders that may seem inappropriate for said patient. It is the nurse’s job to be the patient’s advocate and to always provide a safe environment for the patient.
The court of appeal held patients should not be viewed incapable of understanding medical matters, society has change capable adults are able to make autonomous decisions to determine their future. Likewise therapeutic privilege should not be abused in deciding what and how much to tell patients we need to ensure we support patients in their choices. Nurses more than ever need to ensure the duty we owe our patients is fully met the NMC Code Professional Conduct (2015) now specifies a duty of candour to patients. This encourages an open and honest relationship in all matters therefore when patients ask specific questions nurses have a duty to answer within their scope of experience. Following Montgomery (2014) nurses are required to consider what the average patient would want to know about treatment and the material risk, what a reasonable person in a given situation would want to know about any risks involved in treatment or should know. The nurse is required to provide enough information for the patient what significance to give these risks in light of their own values beliefs and desire to determine their own future this can only work if patient and nurse work in close partnership. This goes in hand with NMC code (2015) standard 2 to listen to people respond to concerns
In class, we’ve discussed a lot of things during our group discussion. First, we discussed the professional nursing responsibilities of this case. We said that nurses job is to educate the patients so they don’t have to come back; they can’t be judgemental no matter what the situation is; they have to report certain evidences even if the patient doesn't want us to; we can provide the information to the client’s authorities (not just anyone); and we need to look and observe the patient for verbal and nonverbal clues. Second, we discussed the nursing ethical implications for this case. We said that nurses should always respect the patient's decisions; need to provide the same, equal, and quality care for all patients; don’t always make assumptions; take patient’s values to consideration; to ask patients who they are comfortable with visiting them during their stay; always provide all the information to the patient; and remember to keep boundary, know what information to give and what not to give. Then we discussed elements of the nurse patient relationship we think are
There are a number of legal and ethical duties expected of nurses. Most of these involve care for patient’s autonomy and confidentiality despite the medical care. Failure to act regarding these can give rise to liability. One aspect of Patient’s autonomy involves giving or withholding his consent about treatment. This paper takes into account ‘consent’ as the aspect of law regarding nursing.
A nurse faced with this type of situation may seek advice from the institution’s ethics committee in order to determine the appropriate course of action. An ethics committee may be composed of clinical personnel as well as non-clinical personnel. The committee most likely has and ethical consultant available as well to guide the decision making process. The role of an ethics committee in the clinical setting is to provide
Ethical principals are the seed of which nursing flourishes from. Many ethical principals were involved and dishonored in this case such as, justice, autonomy, beneficence, non-maleficence, confidentiality and fidelity (Burkhardt et al., 2014). I believe justice was the main principal involved as the entire ethical predicament was revolved around unjust behavior and treatment of the residents. The residents were treated poorly and given unequal rights as a causation of their illnesses. Autonomy, an essential piece of human rights was also being violated in this ethical dilemma. The residents did not have any choice or independence in their care or how they were being treated. Beneficence and non-maleficence are significant dynamics of this ethical situation, as the health care providers needed to reflect on how they can have the maximum benefit while diminishing possible damage to the residents (Burkhardt et al., 2014). Our actions as nurses should always be beneficent and non maleficent, continuously being kind, compassionate and doing what is in their best interest as well a removing and preventing harm. Confidentiality is a key component of nursing and it was blatantly being violated as the health care
Nurses are subject to a plethora of legal, ethical, and professional duties which can be very challenging on a day to day basis. Some of these duties include respecting a patient 's confidentiality and autonomy, and to recognize the duty of care that is owed to all patients. As nurses our duties are always professional; however there are legal implications if these duties are breached. We also must consider when it is okay as nurses to breach these duties and therefore ethical issues arise. As nurses one of our main priorities is to advocate for our patients, without our own personal feelings on the matter taking over.