This article will examine some of the ethical and legal issues correctional nurses must address in their practice. We'll go over law, jurisprudence, incompetence, liability, negligence, and malpractice. Jurisprudence is the science or philosophy of the law, which can include ethical and moral discussions, societal and political views, and the historical context. Services. The nurse omitted an act that resulted in injury and failed to communicate the patient's condition, which any reasonable person could foresee would lead to harm. 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The correctional nurse is in a unique position to evaluate the quality and effectiveness of patient care. 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Justice (fairness, equitability, truthfulness)5. A nurse has a legal responsibility to put the patient’s needs first, protect the safety of every patient, and act as patient advocate with every patient encounter. Nursing is a broad field to study. - Definition, Subjects & Importance, How to Prep for the NYS English Regents Exam, How To Get a Copy of Your High School Diploma. Just like other healthcare professionals, nurses need to practice according to a complex web of federal and state statutes – while they make … Regardless of the intention, experience, or the patient's pain level, and even if no injury occurs, the nurse has committed an act of malpractice by providing care outside of her scope of practice. Analyze key legal issues that impact professional nursing practice and leadership. Respect for persons (autonomy and self-determination)2. It is always appropriate for the nurse to follow up to evaluate the inmate’s response to the intervention. Legal issues in nursing are nearly always related to potential harm to the patient. To unlock this lesson you must be a Study.com Member. Lawis defined as a code which regulates nurses' conduct (their actions). This course focuses on the U.S. legal system. Dress-like uniforms and bedpans? 1. © copyright 2003-2020 Study.com. The most egregious example of harm, active euthanasia, is illegal in every state – even Oregon’s … Accreditation for Doctoral Nursing Programs: Info for Aspiring Students. study Medical Disclaimer: The information on this site is for your information only and is not a substitute for professional medical advice. It is a major component to law, as it helps to explain how and why laws were created. Finally, professional practice is an area that can create ethical concerns for correctional nurses. This position is supported by the ANA’s code of ethics and NCCHC‘sStandards for Health Services in Prisons (standard P-I-07). To learn more, visit our Earning Credit Page. Legal Issues In Nursing Bachelor Of Nursing; Nobody downloaded yet. - Definition & Examples, Quiz & Worksheet - Legal Issues in Nursing, Over 83,000 lessons in all major subjects, {{courseNav.course.mDynamicIntFields.lessonCount}}, What Is Tort Law? Laws: One of the most notable laws related to nursing is known as 'mandated reporting'. Get the unbiased info you need to find the right school. Negligence is the omission or commission of an act which causes injury to a patient. {{courseNav.course.topics.length}} chapters | Legal systems, and the conditions under which nurses work, vary worldwide. This law requires all nurses to immediately report any suspected or known neglect, abuse, or exploitation of any patient (adult or minor) encountered in the professional setting. Veracity (telling the truth)6. Study.com has thousands of articles about every Discussions might include the Child Abuse Prevention and Treatment Act of 1974. Laws and regulations that affect nursing practice and the safety of clients are essential for … The nurse may determine that the patients’ health needs can be managed within his or her scope of practice, or determine that a higher level of care is needed and refer the patient to a midlevel provider or physician, or refer for transfer to a health facility that can provide the care that is needed. For example, failure to communicate a patient's medical history, ignoring a medication allergy, or administering medication that is not prescribed. The values associated with nursing practice include nurse advocacy, respect for humans and eliminating barriers to care. Ethics deal with the standards of conduct and ethical judgement whereas legal issues deal with nursing practise which includes … - Definition and Examples, Unintentional Tort: Definition & Example Cases, What Is Medical Negligence? Ethics regards standards of moral judgement … Get access risk-free for 30 days, For correspondence about this column, write to editor@ncchc.org. This is an example of negligence. Nursing Charges Most common charges brought against nurses include Substance abuse Incompetence Negligence State board of nursing is responsible for discipline within the profession. 1. The correctional nurse should not participate in executions. Log in here for access. If the communication is from the officer to the nurse, the nurse has a responsibility to speak to the inmate. When the wrong drug is administered, the wrong dose is given or the wrong mode of … Nurse educators should maintain working relationships with students. Beneficence (doing good)3. It is enforceable, applies to all nurses, and requires a specific standard be met. Fidelity (remaining faithful to one’s commitment). Introduction. Jurisprudence is the science or philosophy of the law, which can include ethical and moral discussions, societal and political views, and the historical context of law. Create an account to start this course today. Todays nursing is a role that requires physical assessments, critical thinking, and collaborative treatment plans, just to name a few duties. The patient's vital signs and EKG are abnormal. Nurse educators are concerned about legal implications of teaching students in clinical settings. Do Private Schools Take Standardized Tests? One of the common ethical concerns that arises for the correctional nurse relates to demonstrating caring in a custody environment. and career path that can help you find the school that's right for you. Liability is an obligation that can be enforced by law and includes administrative liability (violation of regulation), civil liability (imposing penalties for patient harm), and criminal liability (imposing fines or imprisonment for crimes committed). The standard is based on what a reasonably prudent person would do in the same situation. When a nurse’s practice falls below acceptable standards of care and competence, this exposes the nurse to litigation. flashcard set{{course.flashcardSetCoun > 1 ? Legal issues in nursing documentation regarding medication records and medication errors are common. The fact that the patient is incarcerated is only a circumstance of his or her situation and does not, and should not, change how the nurse practices or how the nurse views the patient. Patients die while incarcerated and the nurse has a role in helping the patient to die with dignity and comfort. In some prisons, nurse participation in execution may arise as an ethical issue. This lesson will introduce you to the basic legal concepts and terminology of today's professional nursing. Nurses with more training, education, development and experience than physicians are supposed to follow the orders of physicians who may be misinformed or inexperienced. Medscape's Legal and Professional Issues for Nurses allows readers to seek general information from Carolyn Buppert, NP, JD about legal or professional nursing issues, including … You can test out of the Nurses are encouraged to refer to the ANA’s scope and standards of practice for correction nursing and to their state’s nurse practice act in addressing practice issues. When you think of the very first nurses, what image comes to mind? Legal and Ethical Issues in Nursing Explained. Further discussions might include the idea known as Battered Child Syndrome, a grouping of the most common symptoms seen in abuse cases, and the explosion of protective organizations established to assist victims. 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Let's review some of the legal concepts and terminology we discussed in this lesson. For example, let's say a nurse that has no education, experience, or training in oncology (treatment of cancer), yet administers chemotherapy for the first time without instruction or supervision. - Definition & Examples, Biological and Biomedical Another way is through oral communication, for example, by telling a correctional officer of a need to be seen by medical, or mentioning a health concern to the nurse during medication administration. Not sure what college you want to attend yet? In your previous studies in school, you may have learned about the three sources of law in the United States: statutory law, administrative law, and common law. [Editor’s note: Both ANA books are available in NCCHC's catalog.]. Malpractice can also describe a situation in which a nurse oversteps their role and provides care outside their scope of practice. After this assessment, educational activities to meet identified educational needs are planned, implemented and evaluated in terms of their effectiveness in meeting the educational need that was identified. This includes employer policies, national regulatory boards (like the National Council of State Regulatory Boards of Nursing), as well as state and federal laws. You may also have heard about liability, negligence, and the Good Samaritan Act. Visit the Business Law: Tutoring Solution page to learn more. Legal issues in nursing practice. There are six ethical principles that arise frequently for the nurse who works in the correctional setting. Negligence is the omission or commission of an act which causes injury to a patient. These concepts and a few more are described in this section. ©2019 "Submit … In the nursing profession, it can be further broken down into subcategories: Incompetence is lacking the ability, knowledge, or qualification to complete a required task. 's' : ''}}. Correctional nurses must find balance in displaying an attitude of care and compassion while recognizing and maintaining safe boundaries. Earn Transferable Credit & Get your Degree. Both are members of the CCHP-RN task force. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons This is mainly due to the expanded roles of nursing. Specific laws … Inmates have several ways to access health care, such as by submitting a request slip or form. Let's say a nurse decides that the physician is taking too long to get to a patient, and given the severity of pain, the nurse feels that a strong narcotic pain medication is needed. The nurse wanted me up and walking after the surgery (“Promoting Nursing Students’ Ethical Development in the … This law requires all nurses to immediately report any suspected or known neglect, abuse, or exploitation of any patient (adult or minor) encountered in the professional setting. 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