Regulatory Issues Surrounding a Patients Right to Refuse Care As addressed above, Congress enacted the patient Self Determination Act in 1990. They determined that any healthcare organization who participates in Medicare or Medicaid have to provide patients with written information concerning their rights when it comes to their medical care. This information needs to be given to the patient upon admission and placed in a prominent place in their medical record. This is not a voluntary program, compliance is mandatory. The Centers for Medicare and Medicaid can audit an organizations compliance at any time and if they are not compliant that organization will be in jeopardy of not being allowed to participate in Medicare or Medicaid. …show more content…
The nurse knows the specifics of the patient’s illness and will be able to help the patient understand their rights and give examples of situations when they may need to exercise those rights. Nurse, Physician and Allied Health Education Situations where a patient or family member are seeking to withdraw care do not happen in our facility on a daily basis. Some of our staff may have faced this issue in the past, but most have not. I propose that all staff be required to complete a yearly competency that details a patients’ rights. This competency should also detail ethical principles and review the laws that give patients their rights. Ensuring that all people that come in contact with patients is informed on the topic could help a patient or family when they are facing a difficult time. Patients and families come in contact with many caregivers and may feel comfortable with someone other than their nurse. This is why I have decided that all staff members need to be educated. Ethics Panel Our organization should institute an ethics panel. Ethics panels are made up of people from different backgrounds that are charged with supporting healthcare organizations. We will use our panel to review clinical ethics cases, develop and or revise organizational policies to ensure they are reflective of ethical considerations, and offer ongoing education to medical staff regarding ethical issues and how to handle them if they arise. The goals of an
It is important that the patient is aware not only of their rights, but of their individual responsibilities.
It’s the nurse's duty to advocate for her patient and to make sure that the patient understands and ask questions if necessary.
Leaders in healthcare organizations are often faced with a variety of ethical issues. Ethical considerations will be discussed from a leadership perspective. The ethical considerations related to this case are the responsibility to patients, responsibility to employees, and responsibility to the organization. Responsibilities to patients includes providing quality care that meets established standards, ensuring there are mechanisms in place to monitor and evaluate the performance of healthcare personnel, hiring and retaining competent professional staff that meet licensing and accreditation standards, and consistently reviewing, researching, and implementing evidence-based practices. This case fails to demonstrate ethical conduct in terms of responsibilities to patients specifically in regard to staffing, which, in turn affects quality of care. Responsibilities to employees include providing an adequate and safe work environment, ensuring that employees are equipped with equipment, facilities, and sufficient staff to perform their duties within the established standards of care, promoting the appropriate use of employee’s knowledge and skills, and providing a mechanism for employees to voice ethical concerns. This case fails to meet this ethical standard as evidenced by not providing sufficient
Ethics Committees are formed to help hospital and medical personnel resolve ethical issues that arise in their facility. The committee members are a mix of hospital personnel, including physicians, nurses, administration, social work, chaplains and others. These professionals work together to assure quality patient care in their facility. To achieve their goal the members must work together with open communication, mutual respect, and shared decision making. I will discuss three points related to the ethics committee, 1) the development, structure, importance and goals of the ethics committee; 2) the importance of intra-professional collaboration, including the role of the nurses; and 3) present the structure, organization and role of an
An article written by Robert Hanks (2012b) from The University of Texas at Health Science School of Nursing titled “Practical Approaches to Patient Advocacy Barriers” highlights the key components of the nurse’s responsibilities regarding patient advocacy. Dr. Hanks (2012b) determined that “only the patient can decide what is in the patient’s best interest and the role of the nurse is to then support the decision-making process.” A therapeutic relationship and effective communication between the nurse and the patient is essential to ensure quality of care. The nurse must support the patient in making their own decisions pertaining to their care, speak on behalf of the patient to communicate the patient’s choices for care, as well as act
Patient informed consent refers to the situation where the patient is fully informed on the consequences of their health care decision after which the patient gives the decision. For there to be informed consent, there are five elements that must be discussed. The first is the nature of the patient's decision then the applicable alternatives to the proposed intervention. Third are the risks, benefits and uncertainties associated with each of the alternatives. Fourth is the assessment of the patient's understanding and last is the acceptance of the intervention or an alternative by the patient. Before the patient's consent is considered to be valid, the patient's competency to make the decision must be addressed. The criteria for evaluating the patient's competency is clearly stated in section 3 of the 2005 Mental Capacity Act which states that provided the person is able to understand, retain and use information provided and to communicate their decision in any way such as talking or sign language, they are competent to make a decision. If a patient is treated against their refusal to consent, it amounts to the tort of battery or can also be considered the crime of assault. In addition to this, laws that touch on human rights reinforce the importance of the protection of the physical integrity of the individual in terms of their right to respect of their private life. Therefore, refusal of medical treatment is a human right.
Nurses have to respect the dignity of patient’s rights. Patients have the right to refuse
The Nursing and Midwifery Council (NMC) states that all nurses must support a patients’ rights to be involved in decisions about their own care, it is extremely important to give sufficient information to
To enable individuals to improve, maintain, or recuperate health, to cope with health problems, and to achieve the best possible quality of life, whatever their disease or disability, until death, is undertaken by the use of clinical judgement in the provision of care. Nurses advance health, healing, growth and development and prevent disease, illness, injury and disability. Simultaneously they minimise distress and suffering. They enable patients and families to acknowledge and cope with their disease or disability,
As a Registered Nurse is a crucial component to ensure that there is effective communication between the nurse and patient. As well as being respectful to the person’s dignity, culture, values, beliefs and rights. This is because everyone is different, and due to this it is important that I am being cautious to each person’s individual needs.
Any member within the healthcare environment may be conflicted with some ethical decisions that have to be made. Ethics committees have been developed, and are required due to the number of ethical issues that present daily within hospitals and other health institutions. These committees are comprised of persons who assist patients, their families, and healthcare personnel in identifying, understanding, and quickly resolving ethical issues. Policies, procedures, and ethic codes are formulated around moral principles of beneficence, autonomy, non-maleficence, and justice.
This article is about the problems hospitals are facing due to antitrust law issued by the government and how it affects the hospital setting in providing healthcare service. It talks about the major laws that have problems in connection to the three different relations that exist in any hospital - Hospital Relations, Hospital-Physician Relations and Hospital-Payer Relations. This has both good and bad effects and depends on what the change is. It has been speculated that over 50 percent of these legislations end up in the court. During 1985 to 1999, it was reported that 61 percent of 394 reported cases all ended up in the court due to some incidents that happened in
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.
Not all patients are capable of independently identifying and articulate their care needs, so the nurse also adapts the role as an advocate. Clarity and continuity in a trusting environment enables good communication. Progressive identification of needs takes place as nurse and patient communicate with one another in the interpersonal relationship (Peplau 1988, p. 84). Being considerate to the needs and vulnerability of patients is a moral attribute, as nurses are accountable for the care they deliver.
Urgency of acute care varies depending on the situation but can range to anything from emergency surgeries, to injuries, chronic illnesses, and also for the recovery of those procedures. Majority of the patients in acute care settings are critically ill. Nursing responsibilities in acute care settings are vital to patient’s recovery due to the front line position nurses play as well as the wide variety of tasks carried out. Assessments are made during every encounter the nurse has with the patient along with monitoring the patient’s progress. Nurses are responsible for recognizing symptoms the patient may be experiencing due to illness or injury and whether they fall in the spectrum of normal reactions. Vital signs are measured routinely and can be indicators of the patient’s current status. When vitals are questioned diagnostic tests can be arranged to further assess possible comorbidities the patient may have. Care plans are made to plan interventions the health care team can take to help patients through challenges they face, both physical and mental. Nurses administer medications as well as first aid as needed. They are responsible for maintaining special equipment patients may require including monitors and ventilators are well.