LEGAL AND ETHICAL ASPECTS IN 2 NURSINGLAW » 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 eSTORT » Atort 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 >NURSING STANDARDS OF CARE » 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 aINTENTIONAL TORTS » ASSAULT » BATTERY » FALSE IMPRISONMENT » FRAUDASSAULT » 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 PSBATTERY » 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FALSE IMPRISONMET » 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 aFRAUD » 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 >UNINTENTIONAL TORTS » NEGLIGENCE » MALPRACTICE malpracti - malpractice /m or treatment |} or neglect or — malpractith | fNEGLIGENCE & MALPRACTICE » Negligence is conduct that falls below the standard of care » Malpractice is one type of negligence called professional negligence >CONIVMIUON SUURCEDS UF NEGLIGENCE AND NVAL BRAG ILGE: 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 >LEGAL SAFEGAURDS FOR NURSES » 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 «re,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)LEGAL ISSUES RELATED TO NURSING » 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 >ETHICAL ASPECTS IN NURSINGETHICS » 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) >ETHICAL PRINCIPLES Autonomy Beneficence Nonmaleficence Fidelity Justice veracity oy Pw eB >AUTONOMY » 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 >,BENEFICENCE » 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 >NONMALEFICENCE » It refers to the fundamental agreement to do no harm » Eg; >FIDELITY » 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 >VERACITY » 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JUSTICE » 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 . >CODE OF ETHICS » 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. é ir “ZAETHICAL DILEMMA » An ethical dilemma is a situation in which a choice must be made between two equally undesirable actions o> RS -ETHICAL PROBLEMS IN NURSING _ STAFF SHORTAGE 1, 2. CULTURAL AND RELGIOUS SENSITIVITY 3. DELEGATION 4 . TRUTH TELLING VS DECEPTION >RESERCH STUDIES RELATED TO LEGAL AND ETHICAL ISSUES IN NURSING 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 >