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PRESENTEE:
MS. Pallavi Chauhan
SHIMLA NURSING
COLLEGE
The role of nurse & professional nursing has
expanded rapidly within past 10yrs to include
expertise specializations, autonomy &
accountability both form the legal & ethical
perspective.
This expansion has shown new concern among nurse
& heightened the awareness about the legal &
ethical issues
 LAW:- DERIVED FROM THE WORD LAG WHICH
MEANS SOMETHING WHICH LIES FIXED. IT IS
DEFINED AS THE BODY OF RULES THAT’S GUIDE
HUMAN ACTIONS OR A SYSTEM OF RIGHTS &
OBLIGATIONS WHICH STATE ENFORCES
 LEGAL ISSUES:- THESE ARE THOSE ISSUES THAT
ARE DECIDED BY LAW
 LEGAL RESPONSILITIES: - LEGAL RESPONSIBILITIES
IN NURSING PRACTICE MEAN THE WAY IN WHICH
YOU ARE OBLIGED TO OBEY THE LAWS IN THE
PROFESSIONAL ACTIVITIES. THE LAW IS THE FINAL
AUTHORITY IN REGULATING ACTIVITIES OF ALL
THE CITIZEN INCLUDING PROFESSIONAL
PRACTITIONERS
 NURSES function within the legislation, legal policies, statutes
relevant to the profession and practice setting, and professional
standards.
 Nurses must know the rights and obligations of nurses in
interactions with patients, families of patients, other nurses, and
other health care practitioners.
 Nurses are now being, and will continue to be given increased
responsibility,
 Traditionally performed ACTIONS by nurses are being delegated to
non-professionals, under the supervision of nurses.
 More advanced technologies
 Changing diseases & health concepts
 CIVIL LAW: - Includes the rules & regulations that
specify the required course of action to be followed by
the individual in the business & social relationships
with others.
 CRIMINAL LAW: - defines offence that affects the
public welfare & security & impose penalty. It
includes rules forbidding conduct that is injurious to
public order & specifying punishment to be
administered to the individual who exhibit injurious
conduct.
 CONSTITUTIONAL LAW:- It is the constitutional law
that determines the structure of the state, its power & duties
& it also determines the form of government & its
relationship with the various agencies of the government
 COMMON LAW:- it is created by the judicial decision made
in the court where cases are decided
 ADMINSTRATIVE LAW:- it consists of the rules &
regulations established by the administrative agencies
 This law is not administrated by the ordinary court but by the
administrative courts.
 It deals with the cases where officials of the state violate their power
Protect patients
Regulate a
nurses relationship
With co-workers
Helps nurses
to
advocate clients
Nurses
responsibility
Differentiates
nursing
practice from
other medicos
Law
TORT:- it is a civil wrong committed against a
person or property
Tort may be:
 Unintentional tort: - include negligence e.g.
Malpractice, failure of nurse to tell about the slippery
floor as a result patient may fall
 Intentional tort:- include all willful acts that violates
another’s right e.g. assault, battery, defamation,
invasion of privacy
 It is the failure of an individual to do some thing that
a reasonably prudent person would do or the
commission of an act in particular circumstances in
standard of care to which a nurse is legally bound
would not do under similar circumstances or it is
exposed of another person’s property to unreasonable
risk & injury
 E.g. failure to use aseptic technique where required
 Failure to protect an inform patient form falling, falls
resulting injuries to the patient
 If after surgery the sponges are left in the patients
abdomen, the nurse is held liable along with the
working perioperative team
 Failure to respond promptly to patients symptoms in
pending disaster
 Administering wrong medicine to patient
 It is the negligence or carelessness by a professional person
 e.g. if a nurse administer medicine to a patient without
confirming correct identity, she will be held liable
 The nurse owed a duty to the client that is their should be
an evidence that the nurse owed a duty to the patient
 Breech of the duty of care owed to the patient that is their
should be evidence that nurse failed to meet the prevailing
standard of care
 Forseebility not maintained:- it involves certain events
which may reasonably be expected to cause a specific result
 Evidence of causation:- it means nurses action or lack of
action directly cause harm to the patient & not merely that
the patient had some type of harm
 Evidence that the nurses failure was the direct cause to
client injury
 ASSAULT:- it is any willful attempt or a threat to harm
another coupled with the ability to actually harm the person
 BATTERY:- it is the intentional touching of another’s body or
anything the person is touch or holding without concern
 DEFAMATION OF CHARATER:- it is the act holding
up of the person to ridicule, scorn or contempt with in the
community (slander & libel)
 INFORMED CONSENT:- it is the authorization by the
patients or the legal representative to do something to the
patient & is based on the legal capacity or voluntary
action & comprehension. It is the person’s agreement to
allows something to happen based on a full disclose of
facts needed to make an intelligent decision.
 INVASION OF PRIVACY: Clients have claims for
invasion of privacy. E.g. their private affairs with which
the public has no concern have been publicized
Objective of treatment
Benefit
Risks
 Licensure
 Good samaritan laws
 Good rapport
 Standards of care
 Standing orders
 Informed consent
 Correct identity
 Counting of instruments
 Drugs maintenance
 Self discharge of patient
 Documentation
 Patient’s property
 Reporting
 Signing legal documents
 The nurse administrators have responsible for staffing &
supervising nursing units to ensure safe, effective patient
care. Each nurse has legal responsibility to make full
disclosure of her background knowledge & skills & notify
the nurse manager when gives an assignment for which is
not qualified.
 The nursing administrator & the authority of the agency
at all the levels has a legal obligation to ensure nursing
care quality. A nurse manager’s legal responsibility for
quality control of nursing services imposes a duty to
observe report & correct the incompetence of any pt care
provider.
 To protect the pt & employees from injury, a nurse
manager must ensure that all patient care equipments are
fully functional & that defective equipment is promptly
replaced.
 Nurses have a legal duty to observe
the pt frequently & report findings
that has diagnostic or treatment
values to the physician & other
health team members.
 The nurse has the legal responsibility to protect the public
from injury by dangerous pt’s. the manager must ensure
that nursing personnel follows the procedure to alert
community members to the presence of a potentially
dangerous pts in the midst.
 Nurses have a legal responsibility for
accurately recorded & reporting
patients conditions, treatment that
include information submitted by all
members of the pt. health care team.
 Nurses must be aware of legal definition of death because
they must document all the event that, when the patient
is in care.
 Sometimes there will be issues like euthanasia, either
active or passive.
 Active Euthanasia is known as intentional homicide
 PROBLEM OF MEDICATION (OXYTOCIN DRIP)
 FAILURE IN ADEQUATE CLIENT
MONTORING
 FAILURE TO ADEQUATLY ASSESS THE
CLIENT
 FAILURE TO REPORT CHANGES IN THE
CLIENT
 ABORTION
 NURSING CARE TO THE NEWBORN
(SCREENING & IDENTIFICATION)
 NVD/ CS
 Pediatric nurse are responsible for preventing
children in their care, from accidental harming
themselves.
 Cribs which have a restraining device over the top,
are designed to keep infants & toddler from
climbing out of bed & injuring themselves. All
poisonous substances & sharp objects should be
kept out of reach of children. Children must be kept
under constant supervision to minimize harm it is
the nursing responsibility to report all the case of
child abuse or neglect to concerned authority
 State policies for screening infants for genetic diseases
have traditionally been based on the availability of
presymptomatic treatments that can prevent death &
disability at an acceptable cost. With the advances that
have occurred in the treatment of HIV, some people have
argued that mandatory new born screening for HIV is
now justified
 Phenylketonuria
 Congenital Hypothyroidism
 Congenital adrenal hyperplasia
 Galactosemia
 Homocystinuria
 Sickle Cell Anemia
 Thallasemia
 Hemophilia
 Parents have suspicion regarding some or all vaccines. Reasons for this
suspicion vary. States all vaccination assumptions for medical reason,
assumptions for religious reasons & allow exemptions for philosophical
reasons.
 Exemptions for medical reasons are established by physicians, usually
based on the child’s allergy to vaccine, components or because of an
immune deficiency. If parents have a sincere religious believe that is
contrary to the acceptance of immunizations, religious exemptions are
allowed.
 When exemptions are obtained, children can attend school without
immunizations in most state, all though parents or guardians may be
judged liable in a civil case if, because of the child’s lack of
immunization, vaccine preventable communicable disease is transmitted
to another person
 Which includes physical, sexual & emotional abuse, as
well as neglect, is a form of family violence. Family
violence is an “action by a family member with the intent
to cause harm to or control another family member
 Be alert to the sign of abuse.
 Be mandatory reporters of possible abuse.
 Possible signals of abuse:
 Conflict between the explanations of how an incident
occurred & the physical finding
 Age inappropriate behaviors or behavior that signify poor
social adjustment
 Alcohol & other drug abuse
 Problems in school
 Suicidal ideations
 Physical punishment to ensure obedience to god (bible belt)
 Observe parents using physical force, all thought it may
not be blatantly violent, to discipline their children.
 The question arises about how nurses can know what type
of punishment or force is excessive, when does corporal
punishment become abuse?
 The whole extent of parent child relationship should be
considered.
 In situations of corporal punishments, unless there are
obvious sign of child abuse, a nurse must suspend judgment
long enough to assess the situation while not waiting too
long & overlooking true or reasonable suspicions of abuse.
 The effects of maternal substance use are detrimental to
fetus or newborn. So maternal drug screening can be done.
Thought this procedure is not done on the regular basis &
is done only with the consent of the pregnant women.
 Parents sometimes refuse the treatment for their children,
but the children in some cases may be deemed to have
decisional capacity to refuse treatment on the based on
religious believes or other reasons
 The support of the child’s decision by child’s mothering person
 The severity of the child’s condition, such as a child with a
terminal & irreversible condition who refuses further painful
treatments versus a situation like meningitis in which the
child’s condition is acute & reversible
 The consequence of the direct harm to the child that
potentially could result from the child’s decision & child’s
realistic understanding of the possible consequences
 Fear, distress or parental pressure as a motivation for child’s
decision.
OVER LOOKING
SPONGES,INSTRUMENT & NEEDLES
BURNS
FALLS
INJURY
ASSAULT OR BATTERY
FAILURE TO REPORT ACCIDENT
MAINTAINECE OF RECORD & REPORT
 The practice of psychiatric is influenced by law,
particularly in concern for the right of the patient &
the quality of care they are receiving.
 She should be aware of the patient’s right & can avoid
giving poor advice or innocently getting involved in
legal entanglement.
 The admission & discharge procedure of psychiatric
patient is a legal procedure
 VOLUNTARY ADMISSION
 INVOLUNTARY ADMISSION
 Most law justifies commitments of the mentally ill
on these grounds
 Dangerous to others
 Dangerous to self
 Need for treatment
 Serve as a role model by providing nursing care that meets or exceeds
accepted standard of care
 Report substandard nursing care to appropriate authorities
 Foster nurse/ patient relationship that is respectful, caring & honest,
thus reducing the responsibility of future lawsuit
 Joins & actively support the professional organizations to
strengthens the lobbying efforts of nursing in health care legislation
 Practice nursing with in the area of personal competence
 Prioritize patient’s right & welfare in decision making
 Demonstrate vision, risk taking & energy in determining proper legal
responsibilities for nursing practice, thus defining what nursing is &
should be in the future
 Is knowledgeable about the sources of laws & legal doctrines that
affects nursing practice
 Delegates to subordinates wisely, looking at the manager’s scope of
practice & that those they are supervising
 Understand & adheres to the institutional policies & procedures
 Practices nursing with in the scope of the state nursing practice act
 Monitors subordinates to ensure that they have valid, current &
appropriate license to practice nursing
 Uses forseeability of harm in delegation & staffing decisions
 Provides educational & training opportunities form staff on legal
issues affecting nursing practice
MEDICAL TERMINATION OF
PREGNANCY ACT (1971)
This act lays down:-
 The condition under which pregnancy can be
terminated
 The person or persons that can perform termination
 The place where such termination can be performed
THE CONDITION UDER WHICH THE
PREGNANCY CAN BE TERMINATED:-
 Medical condition when pregnancy can endanger
grave injury to the mother’s health
 Eugenic:- when there risk to the child being born as
handicap
 Humanitarism:- when pregnancy is result of rape
 Socio-economic conditions
 Failure of contraception devices
THE PERSON OR PERSONS WHO CAN PERFORM
ABORTION:
 The act safeguards the mother by authorizing only a
registered medical practitioner having experience in gynae
& obstetrics to perform abortions where the length of
pregnancy does not exceeds 12weeks.
 THE PRENATAL DIAGNOSTIC TECHNIQUES ACT
(1994)
 This is an act to provide for the regulation of the use of prenatal
diagnostic techniques for the purpose of detecting genetic or
metabolic disorder of chromosomal abnormalities or certain
congenital malformations or sex linked disorders & for the
prevention of misuse of such techniques for the purpose of
prenatal sex determination leading to female feticide & for
matter connected those with or incidental there to.
 THE TRANSPLANTATION OF HUMAN
ORGANS ACT (1994)
 This is an act to provide for the regulation of removal,
storage & transplantation of human organs for
therapeutic purposes& for the prevention of commercial
dealing in human organs & for matters connected with
or incidental thereto. This law lays down that no
person can transplant any organ from donor without
his/her consent. In case of deceased organ, for
transplantation proper medical examination has to be
done before the removal of organ.
 ENACTED BY GOVT IN DEC 1986 & ENFORCED ON
1SEPT 1987; MEDICAL SERVICES INCLUDED IN
1992
 AIM: TO PROVIDE SIMPLE, SPEEDY &
INEXPENSIVE REDRESSAL FOR CONSUMER
GRIEVANCES RELATED TO UNFAIR
MALPRACTICES
 STATUS OF PATIENT IS OF CONSUMER; GOVT
HOSPITAL CARED PATIENTS ARE NOT
CONSUMERS BECAUSE THEY ARE NOT MEANT
FOR PROFITS BUT WELFARE, THEREFORE CASES
ARE TAKEN IN CIVIL COURT
 RIGHTS OF CONSUMERS:
 RIGHT TO BE PROTECTED AGAINST HAZARDOUS
GOODS & SERVICES
 RIGHT TO BE INFORMED ABOUT QUALITY, QUANTITY,
PURITY, POTENCEY, STANDARD & PRICE
 RISGHT TO BE ASSURED
 RIGHT TO BE HEARD
 RIGHT TO SEEK REDRESSAL
 RIGHT TO CONSUMER PROTECTION
 GRANT OF RELIEFS UNDER CPA
 REMOVE DEFECT
 REPLACE GOODS
 PAY SUCH AMOUNT FOR COMPENSTION
 RETURN PRICE
 TO DISCONTINUE UNFAIR TRADE PRACTICE
 TO CEASE MANUFATURE OF HAZARDOUS GOOD
 TO ISSUE CORRECTIVE ADVERTISEMENT
 TO WITHDRAW HAZARDOUS GOOD
 TO PROVIDE ADEQUATE COST
 TIME LIMITATION: 3YRS OF PROBLEM ARISEN ; 3MONTHS
IN DISTRICT COURT
 REDRESSAL LEVELS
 DISTRICT FORUM: MEMBERS ARE JUDGE, EMINENT PERSON OF
EDUCATION OR COMMERCE & LADY SOCIAL WORKER & DEALS
COMPENSATION CLAIMS UPTO 5LACS
 STATE COMMISSION: MEMBERS ARE JUDGE OF HIGH COURT,
EMINENT PERSON (2) OF EDUCATION , ADMINISTRTION, PUBLIC
OR INDUSTRY OR COMMERCE & LADY SOCIAL WORKER & DEALS
COMPENSATION CLAIMS UPTO 20LACS
 NATIONAL COMMISSION: MEMBERS ARE JUDGE OF SUPREME
COURT, EMINENT PERSON (5) OF EDUCATION , ADMINISTRTION,
PUBLIC OR INDUSTRY OR COMMERCE & DEALS COMPENSATION
CLAIMS> 20LACS
 A Patient's Bill of Rights is a statement of the rights to
which patients are entitled as recipients of medical care.
Typically, a statement articulates the positive rights
which doctors and hospitals ought to provide patients,
thereby providing information, offering fair treatment,
and granting them autonomy over medical decisions.
Information Disclosure.
Access to Emergency Services.
Participation in Treatment Decisions.
Respect and Nondiscrimination.
Confidentiality of Health Information.
Complaints and Appeals.
Consumer Responsibilities.
All patients should be guaranteed the following freedoms:
 To seek consultation with the physician of their choice;
 To contract with their physician on mutually agreeable terms;
 To be treated confidentially, with access to their records limited to
those involved in their care or designated by the patient;
 To use their own resources to purchase the care of their choice;
 To refuse medical treatment even if it is recommended by their
physician;
 To be informed about their medical condition, the risks and benefits
of treatment and appropriate alternatives;
 To refuse third-party interference in their medical care, and to be
confident that their actions in seeking or declining medical care will
not result in third-party-imposed penalties for patients or physicians;
1. Patient has the right to refuse resuscitative
efforts.
2. Usually requires written physician order
Advance Directives: DNR Orders
1. Become familiar with protocols prior to need.
2. When in doubt, resuscitate.
Advance Directives: DNR Orders
 SYSTEM OF MORAL CONDUCT & PRINCIPLES
THAT GUIDE A PERSON’S ACTIONS IN REGARD
TO RIGHT & WRONG AND IN REGARD TO
ONESELF & SOCIETY AT LARGE
 MORAL UNCERTAINITY: INDIVIDUAL IS UNSURE
WHICH MORAL PRINCIPLES APPLY
 MORAL DISTRESS: WHEN INDIVIDUAL KNOWS
THE RIGHT THING BUT THERE ARE
ORGANIZATIONAL CONSTRAINTS
 MORAL OUTRAGE: WHEN INDIVIDUAL WITNESS
IMMORAL ACT OF ANOTHER BUT CANNOT
STOP
 ETHICAL DILEMMA: CHOOSING BETWEEN TWO
OR MORE ALTERNATIVES
In India nurses are following the international council
of nurses code for nurses in 1993 as given below:-
 The fundamental responsibility of the nurse is four
fold; to promote health, to prevent illness, to restore
health & to alleviate sufferings
 The need for the nursing is universal; inherent in
nursing is respect for life, dignity & rights of man. It
is unrestricted by consideration of nationality, race,
greed, color, age & social structure
 The nurse’s primary responsibility is to that person who
requires nursing care
 The nurse provide care, promotes an environment in which
the values, costumes & spiritual believes of the individual
are respected
 The nurse holds confidence, personal information & uses
judgment in sharing their information
 The nurse carries personal responsibility for nursing
practice, for maintaining competence by continue
learning. The nurse maintains the highest standard of
nursing care possible with in the reality of a specific
situation
 The nurse uses judgment in relation to individual
competence when accepting & delegating
responsibilities
 The nurse when acting in a professional capacity
should at all times maintain standard of personal
conduct which reflect credit upon the profession
 The nurse shares with other citizen the responsibility for
initiating & supporting actions to meet the health &
social needs of the public
 The nurse sustains a co-operative relationship with co-
worker in nursing & other fields
 The nurse takes appropriate actions to safeguard the
individual when his care endangered by co-worker or any
other person
The nurse plays the major role in determining
& implementing desirable standard of nursing
practice & nursing education
 The nurse active in developing a care of professional
knowledge
 The nurse acting through the professional
organization, participates in establishing &
maintaining equitable social & economic working
conditions in nursing
 AUTONOMY:- it means that the individual is able to act
for themselves to the level of their capacity. It is right of the
individuals, governing their actions according to their own
purpose & reasons. The legal doctrine of informed consent is
direct reflection of autonomy. So it requires that health
personnel obtain a patient informed consent for treatment &
for participation in research.
 FREEDOM:- the principle of individual freedom
decrease that patient be exempt form control by others to
select & pursue personal health goals. Nurses as a group
believe that patient should have greater freedom of choice
with in the nation’s health care system. The principle
should be observed by the staff nurses when planning
patient care; by nurses manager when leading
subordinates
 BENEFICENCE:- the beneficence principle states that
the actions one takes should promote good. It dictates
that a person is obliged to help others advance their
legitimate & important interest. It requires the balancing
of harms & benefits. Benefit promotes the client welfare
& health, where as harms or risk detract form the clients
health & welfare
 NON-MALEFICENCE:- the principles of non-
maleficence state that one should do no harm. The
nurse should interpret the terms “harm” to mean
emotional & social as well as physical injury. Harm is
thwarting, defeating, setting back one person’s
interest through invasive actions by another. Many
nurses find it difficult to follow the principles when
performing treatment & procedures that bring
discomfort & pain to patients. When the principle of
sancity f human life guides health care decisions, the
principles of non-maleficence prohibits active &
passive enthusiasm by care giver of terminally ill
patients
 VERACITY:- it concerns truth telling & incorporates
the concept that individual should always tell the
truth. It requires professional care giver to provide
with accurate, reality based information about their
health status & care or treatment prospect ion. Truth
telling is an ethical concern for nurses because truth is
the basis for mutual truth between patient & nurse &
trust is basis for patient’s hope of benefits for nursing
services.
 JUSTICE:- it concern the issues that person should be
treated equally & fairly. When there are resources to
distribute in health care, nurses should allocate them
in such a way that equal share to equal recipients. The
following problem complicates the application of
justice
 Not every one is equal in every way; sometimes there
are situations in which it seems that one person
should receive a greater or lesser share than another
 Resource is limited. There is not always enough for
each person to receive an equal share
 FIDELITY:-It is keeping one’s promises &
commitment. The principle of fidelity holds that the
person should faithfully fulfill his duties &
obligations. Fidelity is important in a nurse because a
patient’s hope for relief & recovery rest on evidence of
care givers conscientiousness. Nurse manager abide by
this principle when they follow through any promise
they have previously made to employees such as
promise leave, a certain shift to be worked or a
promotion to perception with in the unit
 CONFIDENTIALITY:-it is duty to respect privileged
information. The principles of confidentiality provides
that care givers should respect the patients needs for
privacy & use personal information about him/her only to
improve care. Nurses should practice confidentiality to
decrease patient’s venerability & shares form wide spread
knowledge of personal information divulged during care
A dilemma is defined as a situation requiring
the choice between two equally desirable or
undesirable alternatives. In ethical dilemmas,
each alternative course of action can be
justified by 2 ways in which the person views
that course of action based on his/her own
value system.
 A nurse in all clinical & functional specialties faces the
following ethical dilemmas
 Need to ration patient care to conserve scare resources
 Need to make treatment & care decisions for terminally ill patients
 Need to obtain patient’s informed consent for care & treatment
orders
 Response to patient’s request for assisted suicide
 Need to balance the patient, need for confidentiality & privacy
against societies needs for protection form unreasonable risk
 Need to protect autonomy rights of children & incompetent adults
concerning for research participation
 Need to protect justice, rights of patients to participate in random
trials of experimental treatments
 Euthanasia has its origin for Greek word
 “EU” well & “THANATOS” death
an easy death.
 It is a form of peaceful or dignified death which is
specially advocated when life becomes a punishment
& dying comes as pleasure to the patient suffering
form some incurable disease like cancer with severe
intolerable & uncontrollable pain
 The constitution of India
“RIGHT TO LIFE”
“RIGHT TO DIE OR TAKE AWAY LIKE”
“SUICIDE IS AN OFFENCE”
 The individual is forbidden even for taking his own
life. One who does is guilty of suicide.
 Brain death is not legally recognized as death of a
person & our law is silent on the issue of brain death.
 Patient’s doctors are not lawfully authorized to
switch off the respirator.
 The right to life is conferred well & no amount of
autonomy can give one a right to take it away.
Advantages of legal recognition of brain
death in terminal injury:-
 It will facilitate organ transplantation
 It will ensure economy of intensive care
resources
 It will have maximum impact in the matter
of property rights, negligence claims,
insurance & workers compassionate
 Researches that violate ethical principles is rarely done
specifically to be cruel or immoral, but more typically
occurs out of conviction that knowledge is important &
potentially life saving or beneficial to others in the long
run. There are research problems in which participants
rights & study demands are in direct conflict posing
ethical dilemmas for researchers
 He or she is self aware regarding own values & basic believes
about the rights, duties & goals of human beings
 Accepts that some ambiguity & uncertainty must be a part of
all ethical decision making
 Accepts that negative outcomes occur in ethical decision
making despite high quality problem solving & decision
making
 Demonstrate risk taking in ethical decision making
 Role moles ethical decision making, which are congruent with
the code of ethics & introspective statements
 Actively advocates for clients, subordinates & profession
 Clearly communicates expected ethical standard of behavior
Uses a systematic approach to problem solving
or decision making when faced with
management problems with ethical
ramifications
Identifies outcomes in ethical decision making
that should always be sort or avoided
Uses established ethical frame work to clarify
values & believes
Take appropriate action when subordinates use
unethical conduct
Legal & ethical issues in nursing

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Legal & ethical issues in nursing

  • 2. The role of nurse & professional nursing has expanded rapidly within past 10yrs to include expertise specializations, autonomy & accountability both form the legal & ethical perspective. This expansion has shown new concern among nurse & heightened the awareness about the legal & ethical issues
  • 3.  LAW:- DERIVED FROM THE WORD LAG WHICH MEANS SOMETHING WHICH LIES FIXED. IT IS DEFINED AS THE BODY OF RULES THAT’S GUIDE HUMAN ACTIONS OR A SYSTEM OF RIGHTS & OBLIGATIONS WHICH STATE ENFORCES  LEGAL ISSUES:- THESE ARE THOSE ISSUES THAT ARE DECIDED BY LAW  LEGAL RESPONSILITIES: - LEGAL RESPONSIBILITIES IN NURSING PRACTICE MEAN THE WAY IN WHICH YOU ARE OBLIGED TO OBEY THE LAWS IN THE PROFESSIONAL ACTIVITIES. THE LAW IS THE FINAL AUTHORITY IN REGULATING ACTIVITIES OF ALL THE CITIZEN INCLUDING PROFESSIONAL PRACTITIONERS
  • 4.  NURSES function within the legislation, legal policies, statutes relevant to the profession and practice setting, and professional standards.  Nurses must know the rights and obligations of nurses in interactions with patients, families of patients, other nurses, and other health care practitioners.  Nurses are now being, and will continue to be given increased responsibility,  Traditionally performed ACTIONS by nurses are being delegated to non-professionals, under the supervision of nurses.  More advanced technologies  Changing diseases & health concepts
  • 5.  CIVIL LAW: - Includes the rules & regulations that specify the required course of action to be followed by the individual in the business & social relationships with others.  CRIMINAL LAW: - defines offence that affects the public welfare & security & impose penalty. It includes rules forbidding conduct that is injurious to public order & specifying punishment to be administered to the individual who exhibit injurious conduct.
  • 6.  CONSTITUTIONAL LAW:- It is the constitutional law that determines the structure of the state, its power & duties & it also determines the form of government & its relationship with the various agencies of the government  COMMON LAW:- it is created by the judicial decision made in the court where cases are decided  ADMINSTRATIVE LAW:- it consists of the rules & regulations established by the administrative agencies  This law is not administrated by the ordinary court but by the administrative courts.  It deals with the cases where officials of the state violate their power
  • 7. Protect patients Regulate a nurses relationship With co-workers Helps nurses to advocate clients Nurses responsibility Differentiates nursing practice from other medicos Law
  • 8. TORT:- it is a civil wrong committed against a person or property Tort may be:  Unintentional tort: - include negligence e.g. Malpractice, failure of nurse to tell about the slippery floor as a result patient may fall  Intentional tort:- include all willful acts that violates another’s right e.g. assault, battery, defamation, invasion of privacy
  • 9.  It is the failure of an individual to do some thing that a reasonably prudent person would do or the commission of an act in particular circumstances in standard of care to which a nurse is legally bound would not do under similar circumstances or it is exposed of another person’s property to unreasonable risk & injury
  • 10.  E.g. failure to use aseptic technique where required  Failure to protect an inform patient form falling, falls resulting injuries to the patient  If after surgery the sponges are left in the patients abdomen, the nurse is held liable along with the working perioperative team  Failure to respond promptly to patients symptoms in pending disaster  Administering wrong medicine to patient
  • 11.
  • 12.  It is the negligence or carelessness by a professional person  e.g. if a nurse administer medicine to a patient without confirming correct identity, she will be held liable
  • 13.  The nurse owed a duty to the client that is their should be an evidence that the nurse owed a duty to the patient  Breech of the duty of care owed to the patient that is their should be evidence that nurse failed to meet the prevailing standard of care  Forseebility not maintained:- it involves certain events which may reasonably be expected to cause a specific result  Evidence of causation:- it means nurses action or lack of action directly cause harm to the patient & not merely that the patient had some type of harm  Evidence that the nurses failure was the direct cause to client injury
  • 14.  ASSAULT:- it is any willful attempt or a threat to harm another coupled with the ability to actually harm the person  BATTERY:- it is the intentional touching of another’s body or anything the person is touch or holding without concern
  • 15.  DEFAMATION OF CHARATER:- it is the act holding up of the person to ridicule, scorn or contempt with in the community (slander & libel)  INFORMED CONSENT:- it is the authorization by the patients or the legal representative to do something to the patient & is based on the legal capacity or voluntary action & comprehension. It is the person’s agreement to allows something to happen based on a full disclose of facts needed to make an intelligent decision.  INVASION OF PRIVACY: Clients have claims for invasion of privacy. E.g. their private affairs with which the public has no concern have been publicized
  • 17.  Licensure  Good samaritan laws  Good rapport  Standards of care  Standing orders  Informed consent  Correct identity  Counting of instruments  Drugs maintenance  Self discharge of patient  Documentation  Patient’s property  Reporting  Signing legal documents
  • 18.
  • 19.  The nurse administrators have responsible for staffing & supervising nursing units to ensure safe, effective patient care. Each nurse has legal responsibility to make full disclosure of her background knowledge & skills & notify the nurse manager when gives an assignment for which is not qualified.
  • 20.  The nursing administrator & the authority of the agency at all the levels has a legal obligation to ensure nursing care quality. A nurse manager’s legal responsibility for quality control of nursing services imposes a duty to observe report & correct the incompetence of any pt care provider.
  • 21.  To protect the pt & employees from injury, a nurse manager must ensure that all patient care equipments are fully functional & that defective equipment is promptly replaced.
  • 22.  Nurses have a legal duty to observe the pt frequently & report findings that has diagnostic or treatment values to the physician & other health team members.
  • 23.  The nurse has the legal responsibility to protect the public from injury by dangerous pt’s. the manager must ensure that nursing personnel follows the procedure to alert community members to the presence of a potentially dangerous pts in the midst.
  • 24.  Nurses have a legal responsibility for accurately recorded & reporting patients conditions, treatment that include information submitted by all members of the pt. health care team.
  • 25.  Nurses must be aware of legal definition of death because they must document all the event that, when the patient is in care.  Sometimes there will be issues like euthanasia, either active or passive.  Active Euthanasia is known as intentional homicide
  • 26.
  • 27.  PROBLEM OF MEDICATION (OXYTOCIN DRIP)  FAILURE IN ADEQUATE CLIENT MONTORING  FAILURE TO ADEQUATLY ASSESS THE CLIENT  FAILURE TO REPORT CHANGES IN THE CLIENT  ABORTION  NURSING CARE TO THE NEWBORN (SCREENING & IDENTIFICATION)  NVD/ CS
  • 28.  Pediatric nurse are responsible for preventing children in their care, from accidental harming themselves.  Cribs which have a restraining device over the top, are designed to keep infants & toddler from climbing out of bed & injuring themselves. All poisonous substances & sharp objects should be kept out of reach of children. Children must be kept under constant supervision to minimize harm it is the nursing responsibility to report all the case of child abuse or neglect to concerned authority
  • 29.  State policies for screening infants for genetic diseases have traditionally been based on the availability of presymptomatic treatments that can prevent death & disability at an acceptable cost. With the advances that have occurred in the treatment of HIV, some people have argued that mandatory new born screening for HIV is now justified
  • 30.  Phenylketonuria  Congenital Hypothyroidism  Congenital adrenal hyperplasia  Galactosemia  Homocystinuria  Sickle Cell Anemia  Thallasemia  Hemophilia
  • 31.  Parents have suspicion regarding some or all vaccines. Reasons for this suspicion vary. States all vaccination assumptions for medical reason, assumptions for religious reasons & allow exemptions for philosophical reasons.  Exemptions for medical reasons are established by physicians, usually based on the child’s allergy to vaccine, components or because of an immune deficiency. If parents have a sincere religious believe that is contrary to the acceptance of immunizations, religious exemptions are allowed.  When exemptions are obtained, children can attend school without immunizations in most state, all though parents or guardians may be judged liable in a civil case if, because of the child’s lack of immunization, vaccine preventable communicable disease is transmitted to another person
  • 32.  Which includes physical, sexual & emotional abuse, as well as neglect, is a form of family violence. Family violence is an “action by a family member with the intent to cause harm to or control another family member
  • 33.  Be alert to the sign of abuse.  Be mandatory reporters of possible abuse.  Possible signals of abuse:  Conflict between the explanations of how an incident occurred & the physical finding  Age inappropriate behaviors or behavior that signify poor social adjustment  Alcohol & other drug abuse  Problems in school  Suicidal ideations
  • 34.  Physical punishment to ensure obedience to god (bible belt)  Observe parents using physical force, all thought it may not be blatantly violent, to discipline their children.  The question arises about how nurses can know what type of punishment or force is excessive, when does corporal punishment become abuse?  The whole extent of parent child relationship should be considered.  In situations of corporal punishments, unless there are obvious sign of child abuse, a nurse must suspend judgment long enough to assess the situation while not waiting too long & overlooking true or reasonable suspicions of abuse.
  • 35.  The effects of maternal substance use are detrimental to fetus or newborn. So maternal drug screening can be done. Thought this procedure is not done on the regular basis & is done only with the consent of the pregnant women.
  • 36.  Parents sometimes refuse the treatment for their children, but the children in some cases may be deemed to have decisional capacity to refuse treatment on the based on religious believes or other reasons
  • 37.  The support of the child’s decision by child’s mothering person  The severity of the child’s condition, such as a child with a terminal & irreversible condition who refuses further painful treatments versus a situation like meningitis in which the child’s condition is acute & reversible  The consequence of the direct harm to the child that potentially could result from the child’s decision & child’s realistic understanding of the possible consequences  Fear, distress or parental pressure as a motivation for child’s decision.
  • 38. OVER LOOKING SPONGES,INSTRUMENT & NEEDLES BURNS FALLS INJURY ASSAULT OR BATTERY FAILURE TO REPORT ACCIDENT MAINTAINECE OF RECORD & REPORT
  • 39.  The practice of psychiatric is influenced by law, particularly in concern for the right of the patient & the quality of care they are receiving.  She should be aware of the patient’s right & can avoid giving poor advice or innocently getting involved in legal entanglement.  The admission & discharge procedure of psychiatric patient is a legal procedure
  • 40.  VOLUNTARY ADMISSION  INVOLUNTARY ADMISSION  Most law justifies commitments of the mentally ill on these grounds  Dangerous to others  Dangerous to self  Need for treatment
  • 41.  Serve as a role model by providing nursing care that meets or exceeds accepted standard of care  Report substandard nursing care to appropriate authorities  Foster nurse/ patient relationship that is respectful, caring & honest, thus reducing the responsibility of future lawsuit  Joins & actively support the professional organizations to strengthens the lobbying efforts of nursing in health care legislation  Practice nursing with in the area of personal competence  Prioritize patient’s right & welfare in decision making  Demonstrate vision, risk taking & energy in determining proper legal responsibilities for nursing practice, thus defining what nursing is & should be in the future
  • 42.  Is knowledgeable about the sources of laws & legal doctrines that affects nursing practice  Delegates to subordinates wisely, looking at the manager’s scope of practice & that those they are supervising  Understand & adheres to the institutional policies & procedures  Practices nursing with in the scope of the state nursing practice act  Monitors subordinates to ensure that they have valid, current & appropriate license to practice nursing  Uses forseeability of harm in delegation & staffing decisions  Provides educational & training opportunities form staff on legal issues affecting nursing practice
  • 43. MEDICAL TERMINATION OF PREGNANCY ACT (1971) This act lays down:-  The condition under which pregnancy can be terminated  The person or persons that can perform termination  The place where such termination can be performed
  • 44. THE CONDITION UDER WHICH THE PREGNANCY CAN BE TERMINATED:-  Medical condition when pregnancy can endanger grave injury to the mother’s health  Eugenic:- when there risk to the child being born as handicap  Humanitarism:- when pregnancy is result of rape  Socio-economic conditions  Failure of contraception devices
  • 45. THE PERSON OR PERSONS WHO CAN PERFORM ABORTION:  The act safeguards the mother by authorizing only a registered medical practitioner having experience in gynae & obstetrics to perform abortions where the length of pregnancy does not exceeds 12weeks.
  • 46.  THE PRENATAL DIAGNOSTIC TECHNIQUES ACT (1994)  This is an act to provide for the regulation of the use of prenatal diagnostic techniques for the purpose of detecting genetic or metabolic disorder of chromosomal abnormalities or certain congenital malformations or sex linked disorders & for the prevention of misuse of such techniques for the purpose of prenatal sex determination leading to female feticide & for matter connected those with or incidental there to.
  • 47.  THE TRANSPLANTATION OF HUMAN ORGANS ACT (1994)  This is an act to provide for the regulation of removal, storage & transplantation of human organs for therapeutic purposes& for the prevention of commercial dealing in human organs & for matters connected with or incidental thereto. This law lays down that no person can transplant any organ from donor without his/her consent. In case of deceased organ, for transplantation proper medical examination has to be done before the removal of organ.
  • 48.  ENACTED BY GOVT IN DEC 1986 & ENFORCED ON 1SEPT 1987; MEDICAL SERVICES INCLUDED IN 1992  AIM: TO PROVIDE SIMPLE, SPEEDY & INEXPENSIVE REDRESSAL FOR CONSUMER GRIEVANCES RELATED TO UNFAIR MALPRACTICES  STATUS OF PATIENT IS OF CONSUMER; GOVT HOSPITAL CARED PATIENTS ARE NOT CONSUMERS BECAUSE THEY ARE NOT MEANT FOR PROFITS BUT WELFARE, THEREFORE CASES ARE TAKEN IN CIVIL COURT
  • 49.  RIGHTS OF CONSUMERS:  RIGHT TO BE PROTECTED AGAINST HAZARDOUS GOODS & SERVICES  RIGHT TO BE INFORMED ABOUT QUALITY, QUANTITY, PURITY, POTENCEY, STANDARD & PRICE  RISGHT TO BE ASSURED  RIGHT TO BE HEARD  RIGHT TO SEEK REDRESSAL  RIGHT TO CONSUMER PROTECTION
  • 50.  GRANT OF RELIEFS UNDER CPA  REMOVE DEFECT  REPLACE GOODS  PAY SUCH AMOUNT FOR COMPENSTION  RETURN PRICE  TO DISCONTINUE UNFAIR TRADE PRACTICE  TO CEASE MANUFATURE OF HAZARDOUS GOOD  TO ISSUE CORRECTIVE ADVERTISEMENT  TO WITHDRAW HAZARDOUS GOOD  TO PROVIDE ADEQUATE COST
  • 51.  TIME LIMITATION: 3YRS OF PROBLEM ARISEN ; 3MONTHS IN DISTRICT COURT  REDRESSAL LEVELS  DISTRICT FORUM: MEMBERS ARE JUDGE, EMINENT PERSON OF EDUCATION OR COMMERCE & LADY SOCIAL WORKER & DEALS COMPENSATION CLAIMS UPTO 5LACS  STATE COMMISSION: MEMBERS ARE JUDGE OF HIGH COURT, EMINENT PERSON (2) OF EDUCATION , ADMINISTRTION, PUBLIC OR INDUSTRY OR COMMERCE & LADY SOCIAL WORKER & DEALS COMPENSATION CLAIMS UPTO 20LACS  NATIONAL COMMISSION: MEMBERS ARE JUDGE OF SUPREME COURT, EMINENT PERSON (5) OF EDUCATION , ADMINISTRTION, PUBLIC OR INDUSTRY OR COMMERCE & DEALS COMPENSATION CLAIMS> 20LACS
  • 52.  A Patient's Bill of Rights is a statement of the rights to which patients are entitled as recipients of medical care. Typically, a statement articulates the positive rights which doctors and hospitals ought to provide patients, thereby providing information, offering fair treatment, and granting them autonomy over medical decisions.
  • 53. Information Disclosure. Access to Emergency Services. Participation in Treatment Decisions. Respect and Nondiscrimination. Confidentiality of Health Information. Complaints and Appeals. Consumer Responsibilities.
  • 54. All patients should be guaranteed the following freedoms:  To seek consultation with the physician of their choice;  To contract with their physician on mutually agreeable terms;  To be treated confidentially, with access to their records limited to those involved in their care or designated by the patient;  To use their own resources to purchase the care of their choice;  To refuse medical treatment even if it is recommended by their physician;  To be informed about their medical condition, the risks and benefits of treatment and appropriate alternatives;  To refuse third-party interference in their medical care, and to be confident that their actions in seeking or declining medical care will not result in third-party-imposed penalties for patients or physicians;
  • 55.
  • 56. 1. Patient has the right to refuse resuscitative efforts. 2. Usually requires written physician order Advance Directives: DNR Orders
  • 57. 1. Become familiar with protocols prior to need. 2. When in doubt, resuscitate. Advance Directives: DNR Orders
  • 58.
  • 59.  SYSTEM OF MORAL CONDUCT & PRINCIPLES THAT GUIDE A PERSON’S ACTIONS IN REGARD TO RIGHT & WRONG AND IN REGARD TO ONESELF & SOCIETY AT LARGE
  • 60.  MORAL UNCERTAINITY: INDIVIDUAL IS UNSURE WHICH MORAL PRINCIPLES APPLY  MORAL DISTRESS: WHEN INDIVIDUAL KNOWS THE RIGHT THING BUT THERE ARE ORGANIZATIONAL CONSTRAINTS  MORAL OUTRAGE: WHEN INDIVIDUAL WITNESS IMMORAL ACT OF ANOTHER BUT CANNOT STOP  ETHICAL DILEMMA: CHOOSING BETWEEN TWO OR MORE ALTERNATIVES
  • 61.
  • 62. In India nurses are following the international council of nurses code for nurses in 1993 as given below:-  The fundamental responsibility of the nurse is four fold; to promote health, to prevent illness, to restore health & to alleviate sufferings  The need for the nursing is universal; inherent in nursing is respect for life, dignity & rights of man. It is unrestricted by consideration of nationality, race, greed, color, age & social structure
  • 63.  The nurse’s primary responsibility is to that person who requires nursing care  The nurse provide care, promotes an environment in which the values, costumes & spiritual believes of the individual are respected  The nurse holds confidence, personal information & uses judgment in sharing their information
  • 64.  The nurse carries personal responsibility for nursing practice, for maintaining competence by continue learning. The nurse maintains the highest standard of nursing care possible with in the reality of a specific situation  The nurse uses judgment in relation to individual competence when accepting & delegating responsibilities  The nurse when acting in a professional capacity should at all times maintain standard of personal conduct which reflect credit upon the profession
  • 65.  The nurse shares with other citizen the responsibility for initiating & supporting actions to meet the health & social needs of the public
  • 66.  The nurse sustains a co-operative relationship with co- worker in nursing & other fields  The nurse takes appropriate actions to safeguard the individual when his care endangered by co-worker or any other person
  • 67. The nurse plays the major role in determining & implementing desirable standard of nursing practice & nursing education  The nurse active in developing a care of professional knowledge  The nurse acting through the professional organization, participates in establishing & maintaining equitable social & economic working conditions in nursing
  • 68.
  • 69.  AUTONOMY:- it means that the individual is able to act for themselves to the level of their capacity. It is right of the individuals, governing their actions according to their own purpose & reasons. The legal doctrine of informed consent is direct reflection of autonomy. So it requires that health personnel obtain a patient informed consent for treatment & for participation in research.
  • 70.  FREEDOM:- the principle of individual freedom decrease that patient be exempt form control by others to select & pursue personal health goals. Nurses as a group believe that patient should have greater freedom of choice with in the nation’s health care system. The principle should be observed by the staff nurses when planning patient care; by nurses manager when leading subordinates
  • 71.  BENEFICENCE:- the beneficence principle states that the actions one takes should promote good. It dictates that a person is obliged to help others advance their legitimate & important interest. It requires the balancing of harms & benefits. Benefit promotes the client welfare & health, where as harms or risk detract form the clients health & welfare
  • 72.  NON-MALEFICENCE:- the principles of non- maleficence state that one should do no harm. The nurse should interpret the terms “harm” to mean emotional & social as well as physical injury. Harm is thwarting, defeating, setting back one person’s interest through invasive actions by another. Many nurses find it difficult to follow the principles when performing treatment & procedures that bring discomfort & pain to patients. When the principle of sancity f human life guides health care decisions, the principles of non-maleficence prohibits active & passive enthusiasm by care giver of terminally ill patients
  • 73.  VERACITY:- it concerns truth telling & incorporates the concept that individual should always tell the truth. It requires professional care giver to provide with accurate, reality based information about their health status & care or treatment prospect ion. Truth telling is an ethical concern for nurses because truth is the basis for mutual truth between patient & nurse & trust is basis for patient’s hope of benefits for nursing services.
  • 74.  JUSTICE:- it concern the issues that person should be treated equally & fairly. When there are resources to distribute in health care, nurses should allocate them in such a way that equal share to equal recipients. The following problem complicates the application of justice  Not every one is equal in every way; sometimes there are situations in which it seems that one person should receive a greater or lesser share than another  Resource is limited. There is not always enough for each person to receive an equal share
  • 75.  FIDELITY:-It is keeping one’s promises & commitment. The principle of fidelity holds that the person should faithfully fulfill his duties & obligations. Fidelity is important in a nurse because a patient’s hope for relief & recovery rest on evidence of care givers conscientiousness. Nurse manager abide by this principle when they follow through any promise they have previously made to employees such as promise leave, a certain shift to be worked or a promotion to perception with in the unit
  • 76.  CONFIDENTIALITY:-it is duty to respect privileged information. The principles of confidentiality provides that care givers should respect the patients needs for privacy & use personal information about him/her only to improve care. Nurses should practice confidentiality to decrease patient’s venerability & shares form wide spread knowledge of personal information divulged during care
  • 77. A dilemma is defined as a situation requiring the choice between two equally desirable or undesirable alternatives. In ethical dilemmas, each alternative course of action can be justified by 2 ways in which the person views that course of action based on his/her own value system.
  • 78.  A nurse in all clinical & functional specialties faces the following ethical dilemmas  Need to ration patient care to conserve scare resources  Need to make treatment & care decisions for terminally ill patients  Need to obtain patient’s informed consent for care & treatment orders  Response to patient’s request for assisted suicide  Need to balance the patient, need for confidentiality & privacy against societies needs for protection form unreasonable risk  Need to protect autonomy rights of children & incompetent adults concerning for research participation  Need to protect justice, rights of patients to participate in random trials of experimental treatments
  • 79.  Euthanasia has its origin for Greek word  “EU” well & “THANATOS” death an easy death.  It is a form of peaceful or dignified death which is specially advocated when life becomes a punishment & dying comes as pleasure to the patient suffering form some incurable disease like cancer with severe intolerable & uncontrollable pain
  • 80.  The constitution of India “RIGHT TO LIFE” “RIGHT TO DIE OR TAKE AWAY LIKE” “SUICIDE IS AN OFFENCE”
  • 81.  The individual is forbidden even for taking his own life. One who does is guilty of suicide.  Brain death is not legally recognized as death of a person & our law is silent on the issue of brain death.  Patient’s doctors are not lawfully authorized to switch off the respirator.  The right to life is conferred well & no amount of autonomy can give one a right to take it away.
  • 82. Advantages of legal recognition of brain death in terminal injury:-  It will facilitate organ transplantation  It will ensure economy of intensive care resources  It will have maximum impact in the matter of property rights, negligence claims, insurance & workers compassionate
  • 83.  Researches that violate ethical principles is rarely done specifically to be cruel or immoral, but more typically occurs out of conviction that knowledge is important & potentially life saving or beneficial to others in the long run. There are research problems in which participants rights & study demands are in direct conflict posing ethical dilemmas for researchers
  • 84.  He or she is self aware regarding own values & basic believes about the rights, duties & goals of human beings  Accepts that some ambiguity & uncertainty must be a part of all ethical decision making  Accepts that negative outcomes occur in ethical decision making despite high quality problem solving & decision making  Demonstrate risk taking in ethical decision making  Role moles ethical decision making, which are congruent with the code of ethics & introspective statements  Actively advocates for clients, subordinates & profession  Clearly communicates expected ethical standard of behavior
  • 85. Uses a systematic approach to problem solving or decision making when faced with management problems with ethical ramifications Identifies outcomes in ethical decision making that should always be sort or avoided Uses established ethical frame work to clarify values & believes Take appropriate action when subordinates use unethical conduct