Ethical and legal aspects in nursing

Prepared by,
Ms. Mangaiyarkkarasi.K,
Lecturer, NHCON
OBJECTIVES OF THE SESSION:
Define ethics & nursing ethics
List importance of ethics
State ethical principal
Uses of code ethics, ICN & INC code of ethics
Ethical issues related to nursing
Definition of law
Functions & sources of law
Classifications of law
Federal, state, civil and common law issues in nursing
Other laws in nursing practice
Legal issues in nursing
Tips for safe nursing practice




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INTRODUCTION
Ethics is concerned with 'right and wrong', although agreeing what
is 'right' can be challenging.
Ethical considerations are vital in any area dealing with human
beings because they respect values, rights and relationships.
Nurses are obligated to provide ethical and legal client care that
demonstrates respect for others.
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DEFINITION
Ethics: It is the science that deals with the rightness or
wrongness of actions (Aiken, 2004).
Nursing Ethics Its a branch of applied ethics that
concerns itself with activities in the field of nursing.
It refers to ethical standards that govern and guide
nurses in every day practice such as being truthful
with clients, respecting client confidentiality, and
advocating on behalf of the client.

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IMPORTANCE OF ETHICS IN
NURSING
Establishes standards for the behavior of nurses.
Provides general guidelines for nursing actions in
ethical dilemmas.
Helps to distinguish between right and wrong at a
given time.
Enables to take correct and uniform decision
within groups.
Helps to protect the rights of individuals, families,
community and the nurses.

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ETHICAL PRINCIPLES:
Autonomy
Beneficence
Non maleficence
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CONTINUE.
Veracity
Confidentiality
Fidelity
Justice
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USES OF CODE OF ETHICS
Helps to acknowledge the rightful place of the individual in the health
care delivery system.

Contributes towards empowerment of the individual to become
responsible for their health and wellbeing.

Contributes to quality care.

Identifies obligations in practice, research and relationships.

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ICN CODE OF ETHICS (2005)

Four principal elements that outline the
standards of ethical conduct:
Nurses & People
Nurses & Practice
Nurses & the Profession
Nurses & Co-workers

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CODE OF ETHICS (INC, 2006)
The nurse respects the uniqueness of
individual in provision of care.
The nurse respects the rights of individuals as
partner in care and help in making informed
choices.
The nurse respects individuals right to
privacy, maintains confidentiality, and shares
information judiciously.

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CONTI..
Nurse maintains competence in order to render
quality nursing care.
The nurse if obliged to practice within the
framework of ethical, professional and legal
boundaries.
Nurse obliged to work harmoniously with
members of the health team.
Nurse commits to reciprocate the trust invested
in nursing profession by society.

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ETHICAL DILEMMAS
Ethical dilemma is a situation requiring a choice between two
equally or undesirable alternatives.
Ethical decision- making.

Identify and clarify the ethical problem
Gather factual data
Identify and evaluate options
Make a decision
Act and assess
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ETHICAL ISSUES RELATED NURSING
Commitment to the Patient
Code of Ethics
Working condition
Commitment to your Employer
Responsible work Ethic duty time, leave
Responsible use of supplies pilferage, efficient use of time
Commitment to your colleagues
Quality of work environment
Commitment to personal excellence responsibility.
Commitment to the nursing profession Formal
evaluation, Informal Evaluation, Addressing substandard care.
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DEFINITION OF LAW
Law can be defined as the sum total of rules and regulations by
which a society is governed. As such, law is created by people and
exists to regulate all persons
Guido, 2006.
The law is a system of rights and obligations which the state
enforces. Green
The law is the body of principles recognized and applied by
the state and the administration of justice.
Salmaind

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FUNCTIONS OF THE LAW IN NURSING
The law serves a number of functions in nursing:
It provides a framework for establishing which nursing actions
in the care of clients are legal.
It differentiates the nurses responsibilities from those of other
health professionals.
It helps establish the boundaries of independent nursing action.
It assists in maintaining a standard of nursing practice by
making nurses accountable under the law.


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SOURCES OF LAW
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Sources
of Law
Constitution
Legislation
(Statutes)
Administrative
Law
Common
Law
Nurse
Practice Act
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CLASSIFICATION OF LAWS
Classification of
Laws
Criminal
law
Felony
Misdemeanor
Civil
law
Torts
Negligence
Malpractice
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CLASSIFICATION OF LAWS CONT..
Felony
a less serious crime that has a penalty of
fine or imprisonment for less than 1 year
Misdemeanor
A civil wrong committed against a person
or the persons property
Torts
Conduct lack in due care
Mal
practice
a contact that falls below the standard of
care
Negligence
a crime of a serious nature that has a penalty of
imprisonment for less than 1 year or even
death
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LIABILITY
Liability a person found guilty of any tort is considered
legally liable, or legally responsible
Personal liability Employer liability
Supervisor
responsibility
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FEDERAL STATUTORY ISSUES IN
NURSING PRACTICE
American disabilities act 1995
Emergency Medical treatment and
active labour act 1986
Health Insurance portability and
accountability act 1996
Restraints 1988
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STATE STATUTORY ISSUES IN NURSING
PRACTICE CONT..
Licensure

Good Samaritan laws
Public Health Laws
The Uniform determination of Death Act
Physician Assisted Suicide
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CIVIL AND COMMON LAW ISSUES IN
NURSING PRACTICE CONT..
Assault
Battery
Invasion of privacy
Defamation of Characters
Intentional Torts
Malpractice
Negligence
Unintentional Torts
Consent
Abortion Issues
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ABANDONMENT AND ASSIGNMENT ISSUES
Short
staffing
Floating
Physicians
order
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OTHER LAWS IN NURSING PRACTICE
The Medical Termination of Pregnancy Act
The Pre-Natal Diagnostic Techniques (PNDT)
Act
Maternity Benefit Act and Rules
Narcotic Drugs and Psychotropic Substances
Act
Human rights commission
Mental Health Act
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CONTINUE.
Drugs and Cosmetics Act, 1940
Bio-Medical Waste (Management and
Handling) Rules,
The Transplantation of Human Organs
Act
Consumer Protection Act
Documentation
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LEGAL ISSUES IN NURSING PRACTICE





MEDICO
LEGAL
CASE
MANAGE
MENT

Correct
identity

left
against
medical
advice

Patients
property
Dying
declara
tion
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Wills
Artificial human insemination
Poison case
Controlled substances
Documentation
Informed consent
LEGAL ISSUES IN NURSING PRACTICE
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TIPS FOR SAFE NURSING PRACTICE
Administer medication properly
Monitor for and report deterioration
Communicate effectively
Delegate responsibly
Document in an accurate and timely manner
Know and follow facility polices and
procedures
Use equipment properly
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CONCLUSION
Safe nursing practice includes an understanding of the
legal boundaries within which nurses must function.

Nurses must understand the law to protect themselves
from liability and to protect their clients.
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