Legal and ethical aspects in nursing

Legal and ethical aspects in nursing

1. LEGAL AND ETHICAL ASPECTS IN NURSING Prepared by SALMAN

2. Law may be defined as “the principles and regulations established in a community by some authority and applicable to its people whether in the form of legislation or of custom and policies recognized by judicial decision CRIMINAL LAW CIVIL LAW LAW

3. A tort is a civil wrong or injury for which the court provides a remedy in the form of money damages (black ,1999) Intentional torts Unintentional torts TORT

4. Nursing standards of care are the legal guidelines for minimally safe and adequate nursing practice Written policies and procedures of an employing institution defines the standards of care for nurses at that institution NURSING STANDARDS OF CARE

5. ASSAULT BATTERY FALSE IMPRISONMENT FRAUD INTENTIONAL TORTS

6. Assault is any intentional threat to bring about harmful or offensive contact with another individual, no actual contact is necessary Eg . threatening a patient to give an injection Restrain a patient for an x-ray procedure when the patient has refused consent ASSAULT

7. Battery is an intentional touching without consent ,the contact is harmful to the patient and causes an injury , or it is merely offensive to the patient dignity Eg . Giving an injection without patient consent A patient gives consent for left knee repair but the surgeon performs right knee surgery BATTERY

8. Making a person stay in pace against is wishes is false imprisonment Eg . Restraining or confining a patient to a locked room without proper consent could constitute false imprisonment FALSE IMPRISONMET

9. Fraud is a willful and purposeful misrepresentation that could cause or caused harm to a person or property Eg . giving incorrect information to obtain a better positon or job FRAUD

10. NEGLIGENCE MALPRACTICE UNINTENTIONAL TORTS

11. Negligence is conduct that falls below the standard of care Malpractice is one type of negligence called professional negligence NEGLIGENCE & MALPRACTICE

12. Medication errors that result injury to patient Burns caused by equipment or spills of hot liquids Falls resulting in injury to patients Errors in sponge ,instrument ,needle, count in surgery cases Failure to give adequate report , notify physician, adequate monitoring the patient COMMON SOURCES OF NEGLIGENCE AND MALPRACTICE

13. INFORMED CONSENT Informed consent is a patients agreement to allow something to happen, such as surgery based on a full disclosure of risks, benefits alternatives and consequences of refusal (Black, 1999) DOCUMENTATION EXECUTING PHYSICIANS ORDER GOOD SAMARITAN LAW PATIENT EDUCATION PRIVILEGED COMMUNICATION LEGAL SAFEGAURDS FOR NURSES

14. INFORMED CONSENT Informed consent is a patients agreement to allow something to happen, such as surgery based on a full disclosure of risks, benefits alternatives and consequences of refusal (Black , 1999)

15. CONFIDENTIALITY ADVANCE DIRECTIVE advance directives are legal documents stating the wishes of individuals regarding health care in institutions in which they are no longer capable of giving personal informed consent types; living wills durable power of attorny AUTOPSIES LEGAL ISSUES RELATED TO NURSING

16. ORGAN AND TISSUE DONATION In India 5,00,000 people die because of non availability of organs per year and 1,50,000 people await a kidney transplant but only 5,000 get one 10 lakh people suffer from corneal blindness and await transplant (Times of india ) Types; live donation cedaveric donation Contd.

17. The transplantation of human organs act, 1994 an act to provide for the regulation of removal, storage and transplantation of human organs for therapeutic purposes and for the prevention of commercial dealings in human organs and for matter connected with it. transplantation of human organs bill 2013 INDIAN LAWS AND REGULATIONS RELATED TO HEALTH RELATED TO MEDICAL SURGIAL NURSING

18. Medical termination of pregnancy act -1971 The prenatal diagnostic techniques act and rules Related to obstetrics and gynaecology

19. Narcotics drugs and psychotropic substances act 1985 Mental health act , 1987 Laws Related to mental health nursing

20. Consumer protection act Prohibition of sexual harassment of women at workplace bill, 2010 Biomedical waste (management and handling) rules, 1998 some common laws affects nursing

21. ETHICAL ASPECTS IN NURSING

22. The word ethics derived from the Greek term ethos , which means ‘customs` Ethics can be defined as a branch of philosophy that involves systematizing , defending and recommending concepts of right and wrong conduct, often addressing deputes of moral diversity( wikipedia ) ETHICS

23. Autonomy Beneficence Nonmaleficence Fidelity Justice veracity ETHICAL PRINCIPLES

24. It involves the right of self-determination or choice, independence and freedom Eg;the purposes of the preoperative consent is to assure in writing that the health care team respects the patients independence by obtaining permission to proceed AUTONOMY

25. This principle promotes taking positive, active steps to help others Eg ; a child immunisation causes discomfort during administration but the benefits of protection from disease both individual and for society,outweigh the temporary discomforts BENEFICENCE

26. It refers to the fundamental agreement to do no harm Eg ; NONMALEFICENCE

27. It refers to the agreement to keep promises , commitments ,responsibilities that one has made oneself and others Eg ; if you assess a patient for pain and then offer a plan to manage it, this principle encourages you to do your best to keep the promise to improve the patients comfort FIDELITY

28. Telling the truth or intentionally decieving or misleading patient Eg ; should you tell the truth when you know that it might cause harm to the client? families go to great lengthens to protect a dying patient from the harsh truth of his prognosis ,and the patient himself may not wish to know VERACITY

29. It refers principle of fairness It implies equal treatment of all clients Eg ;a national multidisciplinary committee strives for fairness by ranking recipients according to need, rather than resorting to selling organs . JUSTICE

30. Code of ethics is defined as `a specific set of professional behaviours and values the professional interpreter must know and abide by including confidentiality, accuracy, privacy, integrity. CODE OF ETHICS

31. An ethical dilemma is a situation in which a choice must be made between two equally undesirable actions ETHICAL DILEMMA

32. STAFF SHORTAGE CULTURAL AND RELGIOUS SENSITIVITY DELEGATION TRUTH TELLING VS DECEPTION ETHICAL PROBLEMS IN NURSING

33. Knowledge of staff nurses regarding legal and ethical responsibilities in the field of psychiatric nursing A study to assess knowledge ,attitude and practice of nurses regarding legal and ethical concepts of nursing care of children in nicu and picu of selected hospitals in chennai . Nurses responses to ethical dilemmas in nursing practice ;meta analysis RESERCH STUDIES RELATED TO LEGAL AND ETHICAL ISSUES IN NURSING

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