KARL ANDREA A.

CULTA BSN 1L 03/03/24 As a result, they are often included as

FUNDA TRANSCRIBED REVIEWER MANDATED REPORTERS.
SELECTED LEGAL ASPECTS OF NURSING PRACTICE
As stated:
Informed Consent “When an identified instance of injury appears
– is an agreement by a client to accept a course to be present and the result of abuse, neglect or
of treatment or a procedure after being provided exploitation, the mandated reporter must report
complete information. the situation to the proper authorities.”

2 TYPES OF INFORMED CONSENT THE IMPAIRED NURSE

– refers to a nurse whose ability to perform the
Express Consent function of a nurse is diminished by chemical
- may be either an oral or written dependency on drugs, alcohol, or mental
agreement. illness.
• “Employers must have sound policies
Implied Consent and procedures for identifying and
– exists when the individual’s nonverbal intervening in situations involving a
behavior indicates agreement. possibly impaired nurse.”
• “The primary concern is for the
“Obtaining informed consent for specific medical protection of clients, but it is also
and surgical treatment is the responsibility of critically important that the nurse’s
the person who is going to perform the problem be identified quickly so that
procedure.” appropriate treatment may be
instituted.”
Exceptions to consent - there are groups of
people who cannot provide consent: SEXUAL HARASSMENT
- Minors – is a violation of the individual’s rights and a
- Persons who are unconscious or injured form of discrimination.
- Mentally ill persons – Defined as “unwelcome sexual advances,
requests for sexual favors, and other verbal or
3 Major elements of informed consent: physical conduct of a sexual nature.”
1. The consent must be given voluntarily. • “Nurses must develop skills of
2. The consent must be given by a client or assertiveness to deter sexual
individual with the capacity and harassment in the workplace.”
competence to understand. • “Nurses must be familiar with the sexual
3. The client or individual must be given harassment policy and procedures that
enough information to make the must be in place in every situation.”
ultimate decision.
DEATH and RELATED ISSUES
Delegation – “The nurse’s role in legal issues related to
– the transfer of responsibility for the death is prescribed by the law of the region and
performance of an activity from one person to the policies of the health care institution.”
another while retaining accountability for the
outcome. ADVANCE HEALTH CARE DIRECTIVES
– include a variety of legal and lay documents
“It is important to remember that the nurse may that allow persons to specify aspects of care they
delegate a task; however, the responsibility for wish to receive should they become unable to
action or inaction of the nurse and the one make or communicate their preferences.
delegated remains with the nurse.”
2 TYPES OF ADVANCE HEALTHCARE DIRECTIVES
VIOLENCE, ABUSE, AND NEGLECT
➢ Violent behavior can include domestic THE LIVING WILL
violence, child abuse, elder abuse, and – provides specific instructions about what
sexual abuse. medical treatment the client chooses to omit or
➢ Neglect is the absence of care necessary refuse in the event that the client is unable to
to maintain the health and safety of a make those decisions.
vulnerable individual such as a child or
elder. THE HEALTH CARE PROXY
– is a notarized or witnessed statement
“Nurses, in their many roles, can often identify appointing someone else to manage health care
and assess cases of violence against others.” treatment decisions when the client is unable to
do so.
AUTOPSY (Postmortem Examination) to criminal charges of homicide or to civil
– is an examination of the body after death. lawsuit for withholding treatment or
– the law describes under what circumstances an providing an unacceptable standard of
autopsy must be performed when death is care.”
sudden or occurs within 48 hours of admission to
a hospital. INQUEST
- The organs and tissues of the body are - Is a legal inquiry into the cause or manner
examined: of a death.
- to establish the exact cause of death, ➢ Is conducted under the jurisdiction of
- to learn more about a disease, coroner or medical examiner.
-to assist in the accumulation of ➢ A coroner is a public official, not
statistical data. necessarily a physician, appointed or
elected to inquire into the cause of
Family members can provide consent: death.
– surviving spouse ➢ A medical examiner is a physician and
– adult children (1st child) usually has advanced education in
– parents pathology or forensic medicine.
– siblings
ORGAN DONATION
CERTIFICATE OF DEATH – “People 18 years or older and of sound mind
– “The formal determination of death, or may make a gift of all or any part of their own
pronouncement of death, must be performed by bodies for the following purpose:”
a physician, a coroner, or a nurse (in community ➢ For medical or dental education
service only, not in hospitals).” ➢ Research
➢ A death certificate must be made out ➢ Advancement of medical or dental
when a person dies. science
➢ It is usually assigned by the attending ➢ Therapy
physician and attending physician and ➢ Transplantation
filed with a local health or other
government offices. – The donation can be made by a provision in a
➢ The family is usually given a copy to use will or by signing a card-like form. This card I
for legal matters, such as insurance usually carried at all times by the person who
claims. signed it.

DO-NOT-RESUSCITATE ORDERS (DNR) – Nurses may serve as witness for people

– “The physician may order ‘no code’ or ‘do not consenting to donate organ.
resuscitate (DNR)’ for a client who are in a stage
of terminal, irreversible illness or expected
death.”
➢ Is generally written when the client or
proxy has expressed the wish for no
resuscitation in the event of a
respiratory or cardiac arrest.

– “Many physicians are reluctant to write such an

order if there is any conflict between the client
and family members.”
➢ DNR order is written to indicate that the
goal of treatment is a comfortable,
dignified death and further life-
sustaining measures are not indicated.

– “If it is contrary to the nurse’s personal beliefs

to carry out a DNR order, the nurse should
consult the nurse manager for a change in
assignment.”

EUTHANASIA
– Is the act of painlessly putting to death persons
suffering from incurable or distressing disease.
➢ It is referred to as “mercy killing”
➢ Regardless of compassion and good
intensions or moral convictions,
euthanasia is legally wrong and can lead