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Potter and perry fundamental of nursing chapter 23 legal implications in nursing practice
Ethical Aspects of Nursing
Ethics fundamentals of nursing
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A physician was accused of professional misconduct for having his office nurse sign her name to his preprinted prescription forms for medications that the physician prescribed for his patients. The physician did not delegate any medical discretion to the nurse; in fact, it was the physician who determined the type of medication, administration, strength, and other particulars of the prescription the patient was to be given. The state board of nursing charged the nurse with professional misconduct for agreeing to sign these prescriptions.
How should the board of nursing find in such a case? Is the nurse guilty of professional misconduct? Would your answer about the nurse's misconduct differ if the physician is found to have committed professional
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To set the context of discussion, background is provided in relation to a professional nurse signing her name to a preprinted prescription form as asked by a physician and its relevance of how the board of nursing should find in such a case. The possible ethical challenges for the nurse is the implication of being charged with professional misconduct. The paper focuses mainly on issues relevant to professional misconduct by the nurse and physician.
Nursing is based on the ethical value of a commitment to promoting well-being by providing competent and compassionate care. Guidelines and codes are beneficial because they state values, obligations and limitations. These guidelines are designed to help nurse's think and resolve ethical and professional questions and issues. The nurse is faced with many legal and ethical dilemmas. One of the professional competencies for nursing states that nurse's should "integrate knowledge of ethical and legal aspects of health care and professional values into
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Cases begin with a complaint of possible professional misconduct made to a state nursing board or another state agency. Investigation. An investigator for the state performs an investigation and the case is either closed or the nurse is charged. Settlement Offers. Most nurses accept settlement offers made by the prosecutors assigned to their cases. A settlement offer specifies penalties that will be imposed in exchange for an admission of guilt. Formal Hearing. When misconduct charges cannot be resolved through a settlement, a formal hearing is convened, often before a panel appointed by the state board of nursing. Guilt is determined by a panel vote. Penalties. Penalties range from a fine to license revocation, and are determined by the state board of nursing. Other penalties may include censure and reprimand, probation, suspension or any combination of these. Education or public service may also be mandated.
In this case I do believe the nurse is guilty of professional misconduct. Even though the nurse generally does what the physician orders this is out of the nurse's scope of practice. The nurse is not licensed to sign prescriptions even though the physician instructed her too. By completing the act and signing the prescriptions for the physician the nurse has committed professional misconduct and can be punished by law. I also believe the physician is guilty of professional misconduct. The physician should have signed the prescription forms himself.
I agree with you that the nurses violated provision 9 of the nursing code of ethics. Nurses have an obligation to themselves, their whole team and to the patients to express their values. Communication is key in a hospital, so everyone knows what is correct and what isn’t within the workplace. In order to have a productive, ethical, positive environment. These values that should be promoted affect everyone in the hospital, especially the patients, and can have a negative outcome if those values are not lived out. Nurses have to frequently communicate and reaffirm the values they are supposed follow frequently so when a difficult situation comes along that may challenge their beliefs they will remain strong and their values will not falter.
Section 5.4, which is the preservation of integrity, suggests that nurses will inevitably have to deal with threats to their moral or professional integrity at some point in their careers. Nurses should do their best to maintain professional integrity when met with adversity, weather it be from uncooperative issuance companies, an unsound work environment, or from the patients themselves. When working in an unsound or unsafe work environment that violates law or the ANA code of ethics nurses must go through the proper channels to fix the problem. If a nurse feels that a procedure or treatment their patient is having conflicts with his or her own moral integrity and they cannot participate, the nurse must report they unwilling to tr...
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
...is causes injury or not is an example of unsafe practice. This act could also be categorized as careless or repetitive conducts that puts a patient in danger. Drug diversion is a type of drug dealing, nurses have access to many drugs and it is a part of the nurses’ responsibility to ensure those drugs go where they should, precisely document and closely supervised. Criminal conduct can happen in the work place or on personal time. If a nurse is convicted of a crime, such as Driving While Intoxicated, it could affect their ability to practice nursing. It is out of a RNs legal scope of practice to medically diagnose any patient, order a medical treatment or conduct a medical treatment that has not been ordered by a physician. It is the nurse’s duty to their patient’s to exhibit sound clinical judgment, with in their scope of practice to ensure patient safety.
Before there can be a nursing malpractice case, the plaintiff must prove certain legal elements. These elements include: 1) duty of care: the defendant nurse had a duty of care toward the plaintiff; 2) breached of duty: that the defendant breached that duty, usually by acting negligently or carelessly; 3) causation: that the injury would not have happened if the
Nurses as part of regulated health care practitioners are responsible and accountable to abide by the standards, codes and guidelines of nursing practice (NMBA, 2016). The nurse in the case study has breached the standard 1.4 of the Registered nurse standards for practice. According to standard 1.4 the registered nurse should comply with "legislation, regulation, policies, guidelines and other standards or requirements relevant to the context of practice” when making decisions because this will be the foundation of the nurse in delivering high quality services (NMBA, 2016). The nurse in the scenario did not follow the hospital policy concerning “Between the Flags” or “red zone” and a doctor should be notified in this condition. Furthermore, the nurse failed to effectively respond to a deteriorating
The American Nurses Association (ANA) sets forth scope and standards of practice to facilitate the social contract between society and the nursing profession as a whole. The Scope of Nursing Practice describes the “who,” “what,” “where,” “when,” “why,” and “how,” the duties, of nursing practice (American Nurses Association, 2015, p. 2). The nursing profession is continuously evolving and develops on past works. In response, the ANA revises and updates the standards every five years. They are important because professional nursing practice regulation is based on these standards, the code of ethics, and specialty certifications. The 2010 and 2015 Scope and standards editions are important as they have variations speaking to competencies,
In this essay the author will rationalize the relevance of professional, ethical and legal regulations in the practice of nursing. The author will discuss and analyze the chosen scenario and critically review the action taken in the expense of the patient and the care workers. In addition, the author will also evaluates the strength and limitations of the scenario in a broader issue with reasonable judgement supported by theories and principles of ethical and legal standards.
Unprofessional Conduct according to the Arkansas State Board of Nursing is detailed in ASBN Rules and Regulations, Chapter 7, Section XV, #6. The section states the following conduct are considered unprofessional. Failing to assess, evaluate, and intervene, Incorrect documentation, Missappropriation of residents property, Medication and Treatment errors, Performing or attempting to perform procedures that the nurse is untrained to do, Violating confidentiality. Neglect/Abuse or failure to report these incidents, Failing to report violations or attempted violations to the ASBN, Inappropriate delegation of duties, Failing to supervise, Practicing when unfit.
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 will experience times where their own personal beliefs and values will be challenged by the law, professional standards, and even other nurses. It can be scary, frustrating, or heart breaking, but nurses must remain professional and act within their legal scope. There is no question that nursing is tough, deeply passionate work. Sometimes you have to realize that the most you are allowed to do is encourage all to prepare a health care directive or make a referral to the prescribing practitioner about drugs and supplement concerns. In the end, a good nurse negotiates legal, ethical, and interpersonal issues using knowledge, clear communication, and empathy for human life.
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
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 nursing code of ethics has a very standard definition. It is the base on how nurses should guide themselves in conduct by making the right decision regarding ethical issues. According to the National Student Nurses Association “students of nursing have a responsibility to society in learning the academic theory and clinical skills needed to provide nursing care” (2003). In the clinical setting nurses have a lot of responsibilities while caring for an ill patient, they have the obligation to practice their profession with compassion, love, and respect the uniqueness of each patient, as nurses we are not supposed to deny care to a patient because of their economic status, their skin color, race, or the nature of health problems, we are here to help the people in need in particular those of susceptible populations. The NSNA states that the code of conduct is based on an understanding that to practice nursing as a student is an agreement that trust and honesty is depended on us by society. The announcement of the code provided direction for the nursing student in the personal development of an ethical foundation and not limited to the academic or clinical environment but can assist in the holistic development of a person. (National Student Nurses Association, 2003)
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