The five most frequently-occurring and most stressful ethical and patient care issues were protecting patients' rights; autonomy and informed consent to treatment; staffing patterns; advanced care planning; and surrogate decision-making.
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
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