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Legal implication in nursing
Fundamental Legal Aspects in Nursing
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Nurses in Texas based their practice on the Texas Nursing Practice Act (NPA) by following their rules and regulations about the nurse scope of practice, which is determined by the nurse’s education, training and competency. The nurse scope of practice provides the legal boundaries for nursing practices in order to protect the safety of the people from Texas (Westrick, 2013, p. 24). Nurses are required to have a nursing degree from a Texas nursing programs approved by the Texas Board of Nursing (BON), and a current nursing license in Texas (BON, 2013b). Nurses in Texas works under their scope of practice when their acts are consistent with the Texas NPA and performing assignments for which their received training and evaluation, providing safety In the case Lunsford v. Board of Nurse Examiners, the nurse had an unprofessional conduct by violating a duty to her patient leaving the patient unattended and at risk of complications (BON, 2013a). Lunsford, as a professional nurse had the responsibility to assess the patient’s medical status and treat the patient within her scope of practice taking the appropriate measurements to prevent the worse, regardless of the doctor’s orders of sending the patient to another facility. “The Board of Nurse Examiners in Texas suspended the nurse’s license to practice after the Board found that the nurse’s conduct was unprofessional and dishonorable conduct likely to injure the public” (Wolf, 1986, p. 222). Nurse Lunsford fail to take the patient’s vital signs, and did not implement the nursing interventions required to stabilize the patient’s condition or to prevent complications. Her conduct is considered an “unprofessional conduct,” which is any act, practice, or administration that does not conform the accepted standards of nursing practice. Also, this case is a clear example of the nurse responsibility and accountability to act independently regardless of the physician’s order when this order is not safe for the patient. If the nurse has any objections about an order, the nurse has the obligation to question the physician. By no doing so, the nurse violates the nurse-patient relationship and put at risk the patient’s safety. In a situation, in which a physician’s order put the patient at risk, the nurse has the obligation to exert her professional judgement and withdraw from rendering services ordered by the physician (Wolf, 1986, p.
Paramedics deemed the patient competent and therefore Ms. Walker had the right to refuse treatment, which held paramedics legally and ethically bound to her decisions. Although negligent actions were identified which may have resulted in a substandard patient treatment, paramedics acted with intent to better the patient despite unforeseen future factors. There is no set structure paramedics can follow in an ethical and legal standpoint thus paramedics must tailor them to every given
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
Nurses are required to protect and support their patients if they are to be an efficient patient advocate. Ethically questionable situations are quite common for nurses that conflict with their professionals and personal morals. At times, the patient necessitates the nurse to speak out for them demonstrating
This discussion board is about the nurse’s scope of practice. The purpose of this posting is to discuss the definition and standards of the nurse’s scope of practice as defined by the American Nurses Association (ANA) and by the Ohio Board of Nursing with an example of how to use the standards of practice. Per the ANA, when determining the nurse’s scope of practice there is no one specific explanation that can be provided due to the fact that registered nurses can have a general practice or a practice that is very specialized. The limits that are placed on a RN’s scope of practice will depend on a registered nurse’s education, type of nursing, years as a nurse, and the patients receiving care. At the basic level, every nurse’s practice
Both Nurse Practitioners and Nurse Practitioner-students work closely with patients to monitor their health and provide care for acute and chronic illnesses. However, in the academic-clinical setting, the NP-student may only perform this function at the discretion of the supervising NP. Although work environments and responsibilities bestowed upon these distinctive nurses can be quite different, Nurse Practitioners, Registered Nurses and students is bound to the same laws and regulations governed by all states and territories that have enacted a nurse practice act (NPA). The NPA itself is insufficient to provide the necessary guidance for the nursing profession, therefore each NPA establishes a state board of nursing (BON) that has the authority to develop administrative rules or regulations to clarify or make the governing practice law(s) more specific (NCSBN
I need further development in knowing what the scope of practice of an RPN is because at clinical I am unsure of the difference in roles of the RPN’s that are working on the units compared to the Registered Nurses (RN’s). I feel that knowing and understanding the scope of practice of an RPN is crucial, in order to ensure the safety of the patients, but also to protect your license as a nurse. Also, it is important to understand your role as a nurse to ensure the patients’ needs are being met, and to ensure you stay within your scope of practice while providing care. The CNO’s scope of practice statement is, “The practice of nursing is the promotion of health and the assessment of, the provision of, care for, and the treatment of, health conditions by supportive, preventive, therapeutic, palliative and rehabilitative means in order to attain or maintain optimal function” (College of Nurses of Ontario, 2015). The goal I set for myself is, I will learn and understand the scope of practice of an RPN in order to be accountable for all my actions as a future
...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.
These nurses will work in various health care settings. All of these nurses have a legal outline to work in. Each kind of nurse has their own scope of practice. This is regulated by the nursing governing bodies. Nurses have to work within their scope of practice to deliver a good service to clients with quality and they are permitted only to work within the scope of practice.
state to state. Each state board of nursing regulates what LPN can and can’t do in a state. An
Q.3 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 of this condition. Furthermore, the nurse failed to effectively respond to a deteriorating patient.
According to the American Nurses Association (ANA), (2010) “the nurse promotes, advocates for and strives to protect the health, safety and rights of the patient” (p. 6). Nursing responsibilities should be acted upon at the highest standard and must be based on legal and ethical obligations. Healthcare provider’s perception and judgment of the patient’s well being, as well as taking into account the rights 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).
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.
The State Board of Nursing is established to provide guidelines for nurses to follow. It is in place to protect the public. It checks for competence at beginning of career through the NCLEX test and at licenses renewal which is every two years in state of Indiana. I holds practitioner accountable for their conduct bases on legal and ethical standard. Whereas a professional organization is specific to a group of nurses such as the American Association of Critical Care nurses. This allows for nurses to connect with other nurses in the same specialty. It also allows educational opportunities and shares best practice in the critical care setting.
Policies and procedures in nursing practice are important for nurses to perform and to deliver quality of care and patient safety. Policies and procedures help nurses to prevent errors and carry out procedures safely to the patients. It also brings uniformity in following organizational guidelines. Policies and procedures are designed to influence and determine major decisions and actions, and activities that take place within the boundaries set by them. Procedures are the specific methods employed to express policies in action in day to day operations. Policies and procedures are made for the users easily understandable, well organized, and easily accessible (Policies and procedures - Definition, 2012). Nowadays, most hospitals and clinics maintain their nursing policies and procedure manuals on campus intranet/public drives and also on the units. This writer as a nurse leader has access to use these resources. Evidence based policy has been defined as an approach that “helps people make well informed decisions about policies, programs and projects by putting the best available evidence from research at the heart of policy development and implementation”(Davies, 1999). This nurse leader’s facility utilizes policies that evidence based and retrieved from best available resources.
The American Nurses Association code of ethics was created as a guide to help nurses provide quality care while ensuring that all patients are protected and treated equally. Provision four of the ANA covers has three key points that emphasizes the nurse’s responsibility and obligation to his or her patient (ANA,2015, p4). The first statement touches on the nurse’s authority, accountability and responsibility. Nurses have authority in everything involving their patient’s care and are responsible and accountable for the decisions being made. For example nurses have to ensure that they are not over medicating patients narcotics as an over sedated patient cannot not participate in the decisions regarding their care. The second statement emphasizes