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Fundamental Legal Aspects of Nursing
Fundamental Legal Aspects of Nursing
Roles and responsibilities of a nurse
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There are philosophical forces that make up and direct each nurse’s practice. Burkhardt and Nathaniel (2008) note philosophy as “the intense and critical examination of beliefs and assumptions (pp. 27). One incorporates knowledge and beliefs to make up their philosophical forces. Possessing outstanding philosophical forces allows one to be respectful, well rounded and possess good character. Some examples of ways one has been respectful towards another person’s beliefs are discussed in the next paragraph.
A few months ago, one encountered an experience with patient from a different religious background. This particular patient required a blood transfusion, but opted out due to religious reasons. One had to respect the patient’s wishes and continue to give them adequate nursing care that was in the scope of their religion. One has also encountered an experience with a nurse from a different religious background. This particular nurse’s religion had a prayer ritual that required her to pray at different times throughout the day. One respected that nurse and watched over her patients while she was away. As a nurse, one must be respectful and accommodating to another. One’s philosophical forces go hand-in-hand with their philosophy of practice.
Ethics and values are incorporated into the philosophy of practice. Burkhardt and Nathaniel (2008) note that philosophy of practice “focuses on the critical examination of assumptions about norms or values and includes ethics, social and political philosophy, and the philosophy of the law (pp. 28). The development of ethics values begin during childhood and continue to progress into adulthood. They are influenced by society, knowledge and experience.
One uses ethics values when making appropr...
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...es the use of electronic motor vehicles.
In provision 9, it describes the nursing profession’s responsibility and their associations. This includes creating certain standards of practice and using the Code of Ethics. It also describes that nurses can politically work to create a social change (American Nurses Association, 2011). Every day, one abides by the Code of Ethics, which contributes to the nursing profession. One has also volunteered at a homeless shelter, providing care to people in need. These provisions are imperative to the nursing profession and help mold nursing practice.
The ANA’s Scope of Practice, state of Ohio legal regulations, philosophical forces, and ethical principles are all relative to professional nursing and the way one practices nursing. Without all of these important factors, nursing would not be where it is today. This concludes that
The main points of provision five of the ANA code of ethics are as follows: section 5.1, which is moral self-respect, suggests that nurses must care for themselves as much as they care for their patients. Nurses must do their best to maintain professional respect to themselves in regards of their competence and moral character. Section 5.2, which is professional growth and maintenance of competence, suggests that nurses must continue to self and peer evaluate themselves throughout their careers. Nurses must continue to learn current, up to date nursing practices through self, peer, and higher education. Section 5.3, which is wholeness of character, suggests that nurses must develop and take into consideration their own moral perspectives when practicing in their careers. Nurses are encouraged to express their moral viewpoint when it is helpful to the recovery of their patients, but must never express moral beliefs based on social stigmas that could negatively affect patient outcomes.
One cannot fake being a nurse, one must be extremely genuine in order to perfect being a nurse; therefore, explaining why nurses enforce and value their code of ethics. The purpose of the code of ethics is to ensure patient safety and implement standard of care by following the nine provisions of ethics. The nine provisions explain the nurses’ responsibility while caring for a patient; for example, maintaining the rights and autonomy of a patient. Another point that the provisions highlight is being the patient advocate, nurses are in the front line of patient care and they must protect their patients. An important guideline that the nine provision emphasize is the need and requirement for nurses to continue with their education to promote beneficent and to avoid maleficent. The National Nursing Association (ANA) states that the nursing code of ethics “reiterates the fundamental and the commitment of the nurse” (Lachman, Swanson, & Windland-brown, 2015). The purpose of this paper is to highlight the obligations and duty of a nurse and why it is important when attempting to maintain standard of 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
Since you examined the number of moral issues you will face in this profession, look through the code of ethics that you chose for this assignment and explain
(3) To serve as an expression of the understanding on nursing’s commitment to society.” (Nurses Code of Ethics, 2015). With our ever-changing society and healthcare, also comes changes to the American Nurses Association’s code of conduct as well. Nursing is one of the fastest growing professions in the world and the basics of nursing describes it as a career that focuses on, providing protection, education
The American Nurses Association (ANA) developed a foundation for which all nurses are expected to perform their basic duties in order to meet the needs of the society we serve. The ANA “has long been instrumental in the development of three foundational documents for professional nursing; its code of ethics, its scope and standards of practice, ands statement of social policy.” (ANA, 2010, p. 87) The ANA defined nursing as “the protection, promotion, and optimization of health and abilities, prevention of illness and injury, alleviation of suffering through the diagnosis and treatment of human response, and advocacy in the care of individuals, families, communities, and populations” and used to create the scope and standards of nursing practice. (ANA, 2010, p. 1) These “outline the steps that nurses must take to meet client healthcare needs.” () The nursing process, for example, is one of the things I use daily. Other examples include communicating and collaborating with my patient, their families, and my peers, and being a lifelong learner. I continually research new diagnoses, medications, and treatments for my patients. As a nurse of ...
An ethical dilemma is defined as a mental state when the nurse has to make a choice between the options and choices that he or she has at her disposal. The choice is a crucial task as the opting of the step will subsequently determine the health status of the concerned patient, hence it requires a great deal of wisdom along with proper medical and health training before any such step is opted as it is a matter of life and death. Strong emphasis should therefore be on the acquisition of proper knowledge and skills so that nurses do posses the autonomy to interact with patients regarding ethical issues involved in health care affairs and address them efficiently. It is normally argued that nurses are not provided sufficient authority to consult and address their patients on a more communicative or interactive level as a result of which they are often trapped in predicaments where their treatments of action and their personal beliefs create a conflict with the health interests of the patient. (Timby, 2008)
Deontology is an ethical theory concerned with duties and rights. The founder of deontological ethics was a German philosopher named Immanuel Kant. Kant’s deontological perspective implies people are sensitive to moral duties that require or prohibit certain behaviors, irrespective of the consequences (Tanner, Medin, & Iliev, 2008). The main focus of deontology is duty: deontology is derived from the Greek word deon, meaning duty. A duty is morally mandated action, for instance, the duty never to lie and always to keep your word. Based on Kant, even when individuals do not want to act on duty they are ethically obligated to do so (Rich, 2008).
The word ethics is derived from the Greek word ethos, which means character (1). Being moral always fills a nurse with morals respects, guidelines of good judgment and expert lead. There are three essential obligations for nurses, among many other which are the duty of autonomy, confidentiality, and obligation of care to all patients (2). There are professional duties with becoming distinctly legitimate obligations if any law and policies are ruptured in between professional practice. In 2001, a review found that there was an apparent requirement for more guidance on moral predicaments inside the medical professionals, subsequent to expanding legal cases and open request (3). Medical attendants ought to withstand to regulatory law and statutory law while managing the nursing practice.
Friendships may be formed; however, having professional interactions is something that is not always followed. In terms of patient confidentiality, we may not realize that a HIPPA violation has occurred due to a friendly conversation with coworkers. If a patient were to overhear their nurse discussing their information in an unprofessional manner, then it may cause issues with a patient’s dignity and their rights. If a patient’s right is violated, then it can lead to a patient’s mistrust in their caregiver, leading to mistrust in the facilities, and can end with a patient’s health being compromised. The patient is the reason for this career; if the needs of the patient are being unmet or violated then the purpose of our occupation will be unsuccessful and indifferent.
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
My core values and beliefs are honesty, caring, family, and lifelong learning, which I use every day in my life. The core of nursing is caring, knowledge, and integrity that focuses on the patient’s needs, healing, safety, and encouragement. Personal and professional beliefs overlap the driving force of nursing. The qualities of a good nurse are not or cannot be turned off and on, and are part of the person I am. We are just helping hands that are always striving to help others. I am not perfect. I am a human being and sometimes mistakes will be made, but I always try my best. If something goes wrong, I will examine the situation, and learn from it to make me a better nurse than I was before. I will monitor and reflect on my own actions to ensure that I am staying true to what I believe are the best nursing practices. When we find conflicts between our personal beliefs and those of the patient, we should uphold our personal and professional ethical standards. We should find someone to guide us through our conflict to find a solution that will not compromise our own
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
Every nurse’s philosophy develops through education and experience. As I reflect on my clinical experiences and nursing education thus far, I acknowledge that I have unknowingly developed a set of values, beliefs, and virtues that makes up my personal nursing philosophy. As I move forward in my nursing education, the values and beliefs that I have associated with a diverse patient population, health, the environment, and the role of the professional nurse will progress with me.