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Legal aspects of nursing
Legal aspects of nursing
Examples of diversity in health and social care settings
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Consent is a vital factor within nursing practice as it will gain trust and respect from the patient, which is essential for giving high quality care as a nurse (Nurse and Midwifery Council, 2010). Consent must be obtained from the service user to give the nurse permission to care for them and come in to any physical contact. To support this, the Nurse and Midwifery Council (NMC) have put guidelines in place for the nurses to follow, as it is part of their code of conduct. Debatable arguments of why consent is important within adult nursing and child nursing will be discussed in this assignment, as well as the similarities and differences. If nurses do not gain consent from service users, they will be showing extremely poor nursing practice and would not be following their professional code of conduct. (NMC 2010) However, there are laws and guidelines that will influence nursing practice to be up to the correct high standard. The law supports both the professional and the service user and should have a positive influence on the care that is given (Garwood-Gowers 2001). Discussions on diversity will also be dissuaded in this assignment and how it influences the nurses practice.
Consent needs to be gained from every patient including adults. However, the way consent can be given can vary in three different ways; valid consent, written consent and implied consent. All types of consent are acceptable for an adult patient to give if they have the mental capacity to do so. It is the nurses decision whether they believe the consent that is given is valid enough and if the patient has the capacity to consent for themselves.
The nurse have guidance from the NMC, on how they discreet the patients capability to consent for themselves. The ...
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... 20 January 2014].
Child Protection Act. (1989). Available at: http://www.legislation.gov.uk/ukpga/1989/41/contents [Accessed 23 January 2014].
Human Rights Act. (1988). Available at: http://www.legislation.gov.uk/ukpga/1998/42/contents [Accessed 23 January 2014].
National Health Service (NHS). (1948). Available at: http://www.nhs.uk/Pages/HomePage.aspx [Accessed 23 January 2014].
The Care Quality Commission or CQC. (2009). Regulates and inspects health and social services in England. Available at: http://www.cqc.org.uk/ [Accessed 20 January 2014].
The Nursing and Midwifery Council or NMC. (2008). The Code: Standards of Conduct, Performance and Ethics for Nurses and Midwives. London: NMC. Available at: http://www.nmc-uk.org/ [Accessed 20 January 2014].
The Royal College of Nursing (RCN). (2007). Available at: http://www.rcn.org.uk/ [Accessed 20 January 2014].
Nurses everywhere face problems and challenges in practice. Most of the challenges occur due to a struggle with the use of ethical principles in patient care. Ethical principles are “basic and obvious moral truths that guide deliberation and action,” (Burkhardt, Nathaniel, 2014). Ethical principles that are used in nursing practice include autonomy, beneficence, non-maleficence, veracity, confidentiality, justice, and fidelity. These challenges not only affect them, but the quality of care they provide as well. According to the article, some of the most frequently occurring and most stressful ethical issues were protecting patient rights, autonomy and informed consent to treatment, staffing problems, advanced care planning, and surrogate decision making (Ulrich et. al, 2013). The ethical issue of inadequate staffing conflicts with the principle of non-maleficence.
The Codes of Practice is issues to all registered nurses, midwives and health visitors. The Council i...
In nursing practice any adult consenting to any treatment or procedure must be believed to be mentally capable of making a decision. Consent must be given i...
Healthcare provider’s perception and judgment in the patient’s well being as well as taking into account the right of the patient in every action is one of the key elements in nursing practice. International Council of Nurses (ICN), (2006) states “The nurse at all times maintains standards of personal conduct which reflect well on the profession and enhance public confidence” (p. 3). Furthermore, nursing action guided by theory and principles of moral and legal rights complements excellent nursing care. Nurse’s awareness in moral and legal codes helps them control the complicated scenario encountered and direct the nurses in the best possible action answerable by law (Lachman, 2006).
Consent is an issue of concern for all healthcare professional when coming in contact with patients either in a care environment or at their home. Consent must be given voluntary or freely, informed and the individual has the capacity to give or make decisions without fear or fraud (Mental Capacity Act, 2005 cited in NHS choice, 2010). The Mental Capacity Act perceives every adult competent unless proven otherwise as in the case of Freeman V Home Office, a prisoner who was injected by a doctor without consent because of behavioural disorder (Dimond, 2011). Consent serves as an agreement between the nurse and the patient, and allows any examination or treatment to be administered. Nevertheless, consent must be obtained in every occurrence of care as in the case of Mohr V William 1905 (Griffith and Tengrah, 2011), where a surgeon obtain consent to perform a procedure on a patient right ear. The surgeon found defect in the left ear of the patient and repaired it assuming he had obtained consent for both ear. The patient sued him and the court found the surgeon guilty of trespassing. Although there is no legal requirement that states how consent should be given, however, there are various ways a person in care of a nurse may give consent. This could be formal (written) form of consent or implied (oral or gesture) consent. An implied consent may be sufficient for taking observation or examination of patient, while written is more suitable for invasive procedure such as surgical operation (Dimond, 2011).
Autonomy is a concept found in moral, political, and bioethical reasoning. Inside these connections, it is the limit of a sound individual to make an educated, unpressured decision. Patient autonomy can conflict with clinician autonomy and, in such a clash of values, it is not obvious which should prevail. (Lantos, Matlock & Wendler, 2011). In order to gain informed consent, a patient
Nursing surrounds the concept of patient care physically, mentally and ethically. The therapeutic relationship that is created is built on the knowledge and skills of the nurse and relies on patient and nurse trusting one another. The use of nursing skills can ensure these boundaries are maintained, it allows for safe patient care. Professional boundaries are the line that nurses cannot cross, involving aspects such as patient confidentiality and privacy, ensuring legal aspects of nursing and the boundaries put in place are not breached. However, nurses accepting financial or personal gain from patient can also cross these professional boundaries. It is only through education in this area that the rights of patients can be preserved, as well as the nursing standards. Through education in areas such as confidentiality, boundaries can remain in tact and the patient care can remain within the zone of helpfulness.
Nursing code of ethics was developed as a guide in carrying out nursing responsibilities in a matter consistent with quality in nursing care and the ethical obligations of the profession (ANA, 2010). The term ethics refers to the study of philosophical ideals of right and wrong behavior (Olin, 2012). There is a total of nine provisions however, throughout this paper I will discuss provisions one through four. These provisions would include, personal relationships, primary care, nurse commitment, safety, patient rights, responsibility and accountability of the patient.
Nurses are legally and ethically responsible for protecting their patients from harm that can be predicted or anticipated (Brous, 2014). It is because of this duty that nurses have the "right to accept, reject or object
As health care providers, nurses strive to instill confidence in their patients and their loved ones. A nurse is respectful to their colleagues as well as their patients. Nurses promote patients’ independence, patients can be confident in the knowledge that a nurse will do what is best for them, respecting their privacy and dignity. This means that a nurse does not share the patient information for personal reasons nor does the nurse get involved in a patients personal relationship if it is not medically relevant (NCSBN, 2011).
However, ethically it was my role of responsibility or that of my registered nurse, to openly share medical knowledge and provide health care education for the betterment of the patient. This is an example of facilitating autonomy without crossing the boundary of making decisions for the patient, Choi, (2015). Moreover, within the scenario, I did support the patient’s self determination, by explaining to the patient that she could fill in the appropriate hospital permission form to read her chart with a doctor present, so medical diagnosis and medical terminology can be properly explained through the correct channels. Although the patient is a nurse by profession, it is outside of her scope of practice to be using her title as a nurse while she is a patient as she too must follow hospital protocols and ethical guidelines like any other
Nursing and midwifery council (2008) The Code: standard of conduct, performance and ethics for nurses and midwives. London: Nursing and Midwifery council
... event arises and it was due to lack of assessment of genuine comprehension. I think the best system of obtain consent would incorporate a regulated system that accommodated each institution and their requirements, but also equally weighed the importance of true understanding of facts and realization of the patient’s capacity to make decisions. But even if this was established as standard practice, there would still be the issue of how the assessment is made and how accurate it is due to other influences i.e. current injury status or medications needed for full psychological and or conceptual functioning. There could also be an issue of how to regulate such a subjective issue; each physician is going to have different ethical views and this will inevitably influence how he/she assess the patient and their ability to make the best decisions concerning their health.
All nurses and midwives must meet the Registration standards set out by the Nursing Midwifery Board of Australia. These standards included in the nurses’ portfolio should cover; Continuing Professional Development, ensuring the nurse is continuing to maintain, improve and their knowledge, by attending education related to their nursing subject area (Sinclair, 2013). Criminal History, as stated is to guarantee the nurse will not affect their area of nursing and will be able to work, collaboratively with all individuals promoting and providing health care as defined as a nurse. English Language Skills is a registration standard is five years taught and assessed in English. Nurses must not practise in their profession unless they have appropriate Professional Indemnity Insurance Arrangements. Under the Regency of Practice standard Nurses must undertake sufficient practise to demonstrate competence in their profession. Endorsement scheduled medicines to be eligible for endorsement for scheduled medicines; a nurse must complete an accepted curriculum determined by the
I introduced myself to the patient stating that I was a student nurse and gained verbal consent to carry on with the assessment, as a student nurse you must respect patients wishes at all times, if t...