The American Nurses Association Code for Nurses discusses the ethical behavior for nurses and the best course of action in a certain situation. Nurses can be evaluated by a set of standards which determines how well the nurse understands how the law applies specifically to them. Four of the most important ethical principles are beneficence, nonmaleficence, respect for autonomy, and justice (Murray & McKinney, 2006). Other important ethical rules, such as accountability and confidentiality, are derived from these four basic principles. These principles guide decision making and analyze what is morally right and reasonable. Legal and ethical issues in healthcare of minors are informed consent, emancipated minors and reproductive services.
Healthcare providers have a legal and ethical responsibility to protect the rights of minors by assuring that they are well informed, confidentiality is protected, and they participate in decision making. Informed consent is an ethical concept that has been passed into law because it ensures patients receive adequate information. Patients have the right to decide whether to accept or reject treatment options as part of their right to function independently. To make wise decisions, they need full information about treatments offered.
Specific requirements must be met before consent is considered informed. First, the patient must be competent, or able to think through a situation and make rational decisions. Infants, children, and patients who are comatose or severely mentally retarded are incapable of making such decisions. A patient who has received drugs that impair the ability to think is temporarily incompetent. In these cases another person is appointed to make decisions for the patient. The s...
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...nition that a minor lives independently and is legally responsible for his or her own support and decision making (Hickey, 2007). Emancipation can occur through an official court proceeding and the judge will determine whether the minor is living on his or her own and financially stable. In some states, a minor may become automatically emancipated by marrying, joining the military, or becoming a parent before the age of majority (Potts & Mandleco, 2012). Emancipation laws vary from state to state, and some states do not officially recognize any form of emancipation.
Legal and ethical decision making presents a challenge for nurses in the delivery of health care. Health care is often controlled by state laws and regulations. Identifying the elements of informed consent, reproductive services and emancipation of minors will be essential for nurses to provide care.
The first provision of the American Nurses Association’s (ANA) “Code of Ethics” states, “ The nurse, in all professional relationships, practices with compassion and respect for the inherent dignity, worth and uniqueness of every individual, unrestricted by considerations of social or economic status, personal attributes, or the nature of health problems.” The second provision states, “The nurse’s primary commitment is the patient, whether the patient is an individual, family, group, or community” (Fowler, 2010). As nurses we need to respect the autonomy and allow for the patient to express their choices and concerns. We also need to provide them with support by giving them knowledge and understanding so they
In the medical profession, doctors and nurses run into ethical dilemmas every day whether it be a mother who wants to abort her baby or a patient who has decided they want to stop cancer treatment. It is important for the nurse to know where they stand with their own moral code, but to make sure they are not being biased when educating the patient. Nurses are patient advocates, it is in the job description, so although the nurse may not agree with the patient on their decisions, the nurse to needs to advocate for the patient regardless.
As a nurse it is our primary job to protect and promote the well being of patients throughout the health care industry. Each nurse has the responsibility to practice faithfully and to uphold all ethical values. These values are outlined and regulated by two very important entities, The Nursing Practice Acts and the Texas Board of Nursing. Nursing Practice Acts, are specific laws in each state that define a nurse’s scope of practice. These acts were first established in 1909 with the purpose of protecting public health, safety, and welfare. Their purpose is to provide rules and regulations that will protect society from unsafe and unqualified nurses. Nursing professionalism is rooted in the ethics and ...
A nurse’s role in decision making is minimal depending on the place of work residence. Authors Shoni Davis, Vivian Schrader, and Marcia J. Belcheir’s opinion on Ethical decision making in nursing is “a process that involves making an ethical consideration of a patient care situation” (738-749). It seems like nurses can just cite immediately or take a hunch of what is wrong with a patient, but doctors are the ones that actually do the direct diagnosing. There have been many decision making processes and theories. Each has its own unique concepts and terminology, but all have similar components. It identifies good nur...
Ethics has been a popular topic in nursing for a long time. Nurses are expected to demonstrate ethical decision-making as well as professionalism. I believe that in order to accomplish this, they need to use the ANA Code of Ethics as framework for their decision-making. It is also imperative for nurses to have a strong understanding of ethics, because they will be faced with many difficult ethical decisions that do not always have a straightforward solution.
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.
Recent developments in standard of care and professional relationship with patients have made law fundamental to the study and practice of nursing. At every stage of patients care, law helps bring up to date nursing practice and it is essential that nurses understand the legal and ethical implications of law in their nursing profession (Griffith and Tengrah, 2011). The purpose of this essay is to discuss the concept of consent in relation to the role of the nurse. This will aim at demonstrate ethical and legal implication of consent on nursing practice and professional working. In the Code (2008, cited in Griffith and Tengrah, 2011) the Nursing and Midwifery Council set standards for nursing professional to follow. Among the rules is the requirement of nurses to obtain consent before care is given.
The nursing code of ethics is a formal statement of the ideals and values of nursing and ethical principles that serve as standards for nurses‟ actions. Jurisprudence is the scientific study of law and law is defined as those rules made by humans, which regulate social conduct in a formally prescribed and legally binding manner. Nursing ethics and law are very important because they are concerned with the provision of services that have an impact on human health and life which can cause dilemma during practice and if not handled adequately can lead to negative impact on the client and all the people concerned with the care the client. Therefore Standards must be set to guide the conduct of the nurse in making proper and adequate decisions for the safety and protection of the client, by so doing the nurse protects herself or himself from litigation (Burke, K. 2000).
Informed consent is the basis for all legal and moral aspects of a patient’s autonomy. Implied consent is when you and your physician interact in which the consent is assumed, such as in a physical exam by your doctor. Written consent is a more extensive form in which it mostly applies when there is testing or experiments involved over a period of time. The long process is making sure the patient properly understands the risk and benefits that could possible happen during and after the treatment. As a physician, he must respect the patient’s autonomy. For a patient to be an autonomous agent, he must have legitimate moral values. The patient has all the rights to his medical health and conditions that arise. When considering informed consent, the patient must be aware and should be able to give a voluntary consent for the treatment and testing without being coerced, even if coercion is very little. Being coerced into giving consent is not voluntary because others people’s opinions account for part of his decision. Prisoners and the poor population are two areas where coercion is found the most when giving consent. Terminally ill patients also give consent in hope of recovering from their illness. Although the possibilities are slim of having a successful recovery, they proceed with the research with the expectation of having a positive outcome. As stated by Raab, “informed consent process flows naturally from the ‘partnership’ between physician and patient” (Raab). Despite the fact that informed consent is supposed to educate the patients, it is now more of an avoidance of liability for physicians (Raab). Although the physician provides adequate information to his patient, how can he ensure that his patient properly ...
In conclusion, there are numerous legal and ethical issues apparent in the nursing practice. Nurses should study and be as informed as they can with ethics and legality within their field in order to ensure no mistakes occur. Ethical issues vary based on patient’s views, religion, and environment. Nurses are influenced by these same views, but most of the time they are not the same as the patients. As a nurse we must learn to put the care of our patients and their beliefs, rights, and wishes before our own personal
The four fundamental nursing responsibilities of promoting health, preventing illness, optimizing health and alleviating the ill are represented in the code of ethics. (Arnold & Boggs, 2016) One can say that the code of ethics are rules that a nurse needs to follow in order to effectively communicate and protect the patients. The American Nurse Association provided the code of ethics to guide nurses to ensure that patient’s care, safety, rights and health are well cared for and well managed. Models like Utilitarian, deontological, and the human rights-based all contribute in answering dilemmas that can arise with a patient. Thus, explaining what some of the code of ethics are, and how the code of ethics influence our responsibilities as a nurse will impact the overall care of the
The American Nurses Association created guidelines for the profession including, a set clear rules to be followed by individuals within the profession, Code of Ethics for Nurses. Written in 1893, by Lystra Gretter, and adopted by the ANA in 1926, The Code of Ethics for Nurses details the role metaethics, normative ethics, and applied ethics have within the field (ANA, 2015). Moral obligation for an individual differs within professions than it does within an individual’s personal life, so the code of ethics was written to establish rules within the profession. The moral obligation to provide quality care include the fundamental principles of respect for persons, integrity, autonomy, advocacy, accountability, beneficence, and non-maleficence. The document itself contains nine provisions with subtext, all of which cannot be addressed within this paper however, core principals related to the ethical responsibilities nurses have will be
In every nurse's career, he or she will face with legal and ethical dilemmas. One of the professional competencies for nursing states that nurses should "integrate knowledge of ethical and legal aspects of health care and professional values into nursing practice". It is important to know what types of dilemmas nurses may face
The American Nurses Association Code of Ethics for Nurses has five elements that pertain to the Principle of Autonomy. Each individual element applies to “respect individual persons” (Baillie, McGeehan, Garrett T, M., Garrett R. M., 2013, p.33). In Chapter 2 of the Health Care ethics: Principles and problems text, it discusses thouroghly the consent of an individual to make their own decisions regarding their health and future requests of care. As a nurse or within all heath care professions, we must treat each individual patient with care, respect, and to remain mindful to the patient regarding any aspect of their lives. In the ANA Code of Ethics for Nurses, it explains ways of maintaining the empathy required in the health field. It further discusses that the respect for human dignity must be a priority, relationships to patients must remain neutral, the severity of the situation, the right to self-rule, and the professionalism that must be upheld by the nurse and their associates.
However, informed consent has many flawed elements in the concept. In order to support this belief, the following issues must be addressed include the following: disclosure of pertinent medical facts and alternative course of treatment, including refusal, ensuring absence of coercion and manipulation, and ensuring patient intellectual capacity to understand the medical information.