Ethical Issues

Ethical and Legal Issues
Kimberly Brooks
HCA/322
Mark Metzger
May 13, 2013

In the health care setting there are many professions that are important in this field. Just a few to name; medical records, nurses, medical technologist, medical assistant, emergency technician and many more. All of these professions are faced with legal and ethical issues at some point in time in their career. There are also laws that must be followed, then you have legal requirements that must be adhered too. Last but not least in this profession of health care you are faced with many ethical conflicts in which it has affected the health care profession as a whole. Presented in this paper will be a summary of the unique ethical and legal issues that nurses may face in his or her career. I will provide an overview of the laws that bind a nurse and discuss common ethical issues that nurses face. In this summary I chose nurse, the Merriam-Webster states that a nurse is “a person who care for the sick or infirm: a licensed health care professional who practices independently or is supervised by a physician, surgeon, or dentist and who is skilled in promoting and maintaining health” (Merriam-Webster, 2013). For a long time physicians have relied on nurses to exert self-reliant judgment in many situations. Patients are more likely to be encountered with a nurse more than the physician, there are a few branches of nurses. You have registered nurses, nurse anesthetist, and nurse mid wife, nurse practioner, clinical nurse specialist, special duty nurse, float staff, agency personnel, nursing assistants, and student nurses. According to the text (Pozgar) “a registered nurse is one who has passed a state registration examination and has been licensed to practice nursing (Pozgar, 2013 p.9). registered nurses practices patient assessments, analyzing laboratory reports, patient teaching, health counseling, executing medical regimens, and operating medical equipment as prescribed by the physician. In the world of health care profession the nursing profession is growing rapidly and responding to the advances in technology. A nurse anesthetist is “a person who after completing the basic education of a nurse, is further trained in the supervised administration of anesthetist” (the free dictionary.com). A nurse anesthetist was the first protruding position for nurses that required certification. Failure to recognize significant changes in a patient’s condition and improper use of anesthetics are major perils for nurse anesthics. According to explore health careers.org “certified nurse midwives (CNMS) are advanced practice nurses who provide counseling and care during preconception, pregnancy, child birth, and the post-partum period” (Explore health careers.org, 2012). Nurse midwives spend 10% of their time birthing women and their newborns. Midwives gives patients care before, during, and after childbirth and pregnancy. Nurse midwives play a major role in the health care setting which they collaborate closely and effectively with physicians. According to the text “a nurse practioner is a registered nurse who has completed the necessary education to engage in primary health care decision making (Pozgar, 2013 p.327). Nurse Practioner are trained in the delivery of health care and the evaluation of psychosocial and physical health problems. Nurse Practioner provide health care in compliance with state nurse practice laws. A clinical nurse specialist is a professional registered nurse with an advanced academic degree, experience, and expertise in a clinical specialty (Pozgar, 2013 p.327). A clinical nurse specialist role is leadership as a clinical role model, assisting the nurse staff. They also act as a resource for management of patients who have intricate needs and conditions. They also partake in staff development activities that is related to their clinical specialty, make recommendations, introduce new approaches to nurse practice and communicate effectively with other members. A special duty nurse is a nurse that is privately hired by the patient or family. Organizations are not liable for negligence of a special duty nurse unless they have a master-servant relationship between the organization and the special duty nurse.
The organization has no authority to hire nor fire the nurse. However they do have the responsibility to protect the patient from useless and unqualified special duty nurses (Pozgar, 2013). Float staffs are members who are rotated from unit to unit, based on staffing needs. Having a float staff can be liability to an organization if they are ordered to work in an area out of their expertise. A nurse assistant is an aide who has been certified and trained to assist patients with daily living activities. Nurse aides provide basic care to non-acutely ill patients and assist in providing a safe and clean environment under the direction and supervision of a licensed practical nurse or registered nurse. The most common areas of negligence for nurse assistants are failing to follow and properly perform procedures. Failure to assist patients prevent falls, unsafe placement and take vitals.
According to the text student nurses are entrusted with the responsibility of providing nursing care to patients (Pozgar, 2013). Nursing ethics and legal issues deals with principle and moral judgment. According to education.com “the major principle of health care ethics that must be upheld in all situations are beneficence, nonmalaficence, autonomy, and justice” (education.com, 2013). Beneficence means promoting or doing something good. Nurses must effectively promote their patients best interests and make every effort to accomplish ideal outcomes. Nonmalaficence means to avoid harm, however nurses must retain a proficient practice level to elude injury or suffering to their patients. Education.com stated “the principle of nonmalaficence covers reporting suspected abuse to prevent further victimization and protecting clients from chemically impaired nurses and other health care practitioners” (education.com, 2013). Autonomy is the quality or state of being self-governing, every patient have the right to make their own decision as to what happens to them. A nurse must respect the wishes of their patient even if they do not come to an agreement with them. Knowledgeable adults have the consent to refuse treatment. Justice calls for that all patients be treated equally and fair on a day to day basis. Nurses faces issues of justice when organizing care for their clients. Nurses must distinguish between their personal values and their professional ethics. Education.com stated “professional ethics involve principles that have universal applications and standard of conduct that must be upheld in all situations” (education.com, 2013). The American Nurses Association Board of Directors and the Congress on Nursing Practice first initiated the code of ethics for nurses in 1985. Nurses are held responsible and is to comply with the standards of ethical practice. They are also held responsible for making sure that other nurses are complying as well. There were nine provisions that addresses ethical practice issues; compassion and respect, patient advocacy, responsibility and accountability, duties, advancement of professions, collaboration, commitment to the patient and participation in the health care environment.
Legal issues that are most of concern are negligence and malpractice. According to the text negligence is “either an act of omission or commission” (Pozgar, 2013). Malpractice is negligence by a professional, this occurs because the physician is not following the code of conduct when taking care of the patient. As you can see the health care setting is faced with many triumphs that can be harmful and beneficial. Following all ethical and legal aspects will help the health care setting in a tremendous way.

Reference

Pozgar, G. D. (2012). Legal aspects of health care administration (11th ed.) Sudbury, MA: Jones and Bartlett www.education.com www.explorehealthcareers.org
www.thefreedictionary.com