Law And The Professional Nursechapter 151sources Of Lawstatutory Lawa ✓ Solved

Law and the Professional Nurse Chapter Sources of Law Statutory law Administrative law (regulatory) Case law Enforcing the law Civil Criminal 2 Civil Case Flowchart Modified from Arizona Superior Court. (n.d.). Civil case flow. Retrieved from Nursing Scope and Standards Nursing scope of practice describes who, what, where, when, why, and how of nursing practice. Standards of nursing practice defined as “authoritative statements of the duties of all registered nurses, regardless of role, population or specialty, are expected to perform competently.†Professional Performance Standards Ethics Education Evidence-based practice and research Quality of practice Communication Leadership Collaboration Professional practice evaluation Resource utilization Environmental health Cultural congruence Standards: State Boards of Nursing Develop scope of practice statements for licensure.

Expand scope statements for advanced practice nurses. Make decisions about new practices and procedures. Define new categories of licensure, recognition, and certification. Determine appropriateness and level of discipline. Define state accreditation of nursing educational programs.

Evidence of Standards of Care Used in Court Statutes Agency regulations Accreditation standards Facility documents such as policies and procedures, job descriptions Professional nursing guidelines Manufacturers’ instructions related to medical equipment Nursing literature Expert testimony Negligence and Malpractice Negligence is defined as the failure to act as a reasonably prudent person would have acted in a specific situation. Malpractice is the failure of a professional to use such care as a reasonably prudent member of the profession would use under similar circumstances, which leads to harm. Elements to Prove in Successful Malpractice Case Duty owed to the patient Breach of the duty owed the patient Foreseeability Causation Injury or harm Damages 9 Avoiding Malpractice and Negligence Manage stress.

Adhere to standards of care. Work in environments that encourage examination of incidents. Change systems to lower the risk of malpractice. 10 Nursing Licensure Registration Mandatory licensure Certification Endorsement Nurse Licensure Compact National Council of State Boards of Nursing initial licensure exam (NCLEX) 11 The Nursing Licensure Compact Explained Video Transitioning to the Enhanced Nurse Licensure Compact (eNLC): Original Compact States Transitioning to the Enhanced Nurse Licensure Compact (eNLC): New Compact States State Boards of Nursing Obligation to protect safety of public Nurse Practice Acts Disciplinary actions Alternative programs 15 Board of Nursing Complaint Process: Investigation to Resolution Video Informed Consent A brief but complete explanation of the patient diagnosis and proposed treatment or procedure The name and qualifications of the person who will perform the procedure or treatment Information related to available alternatives to the recommended treatment Information related to possible complications of the treatment or procedure An explanation related to the patient’s right to refuse treatment without having care discontinued 17 Standards of Informed Consent The medical standard—what is regarded as a material risk in the medical community What a reasonable patient would need to know What a particular patient needs to know Nurse’s Role in Informed Consent Facilitating informed consent for patient care as a part of providing patient-centered care Advocate for patient Witness to patient signature Transparent Health−The Story of Michael Skolnik Video Privacy and Confidentiality Privacy is the right of a person to be free from unwanted intrusion into the person’s personal affairs.

Confidentiality of patient information is the obligation of all healthcare providers. HIPAA (1 of 2) Patients must be informed of their privacy rights. Patients must be informed as to who will see their records and for what purpose. Patients have the right to inspect and obtain a copy of their medical records. Personal data may not be used for marketing.

22 HIPAA (2 of 2) Valid authorization to release health information must contain certain information, such as a copy of the signed authorization given to the patient, in understandable language, and information about how the patient may revoke this authorization. Although information may be used for research purposes to assess outbreak of a disease, all individual identifiable data must be removed. 23 Your New Rights Under HIPAA Video HIPAA Complaint Process Reproduced from U.S. Department of Health and Human Services. (n.d.). HIPAA privacy and security rule complaint process.

Retrieved from Five Rights of Delegation The right task The right circumstances The right person The right direction and communication The right supervision and evaluation 26 The case study demonstrates a role related and ethical conundrum when the nurse is taking care of an end stage aggressive lung cancer patient, Mr. Wilson, who expressed suicidal intentions to the nurse and asked to keep the secret from his family and the hospital staff. If the nurse knows of M Wil on plan for rational suicide, would the nurse be obligated to intervene? If so, what actions could the nurse take at this point? Does a nurse have the right to try to stop a person from committing rational suicide (to act in the best interest of the patient)?

Is a nurse ppo ed o ppo he pe on a onomo deci ion o commi a ional suicide? even when ha deci ion i mo all and eligio l incompa ible i h he n e perspective? What is the nurse role? The case study must be typed in APA format with a minimum of 750 words (excluding first and references page) with a minimum of 4 evidence-based references using the required Arial 12 font. Follow the APA example paper under the folder APA tools. Make sure references are used according to APA guidelines and electronic references must be from reliable sources.

Good luck to all! Professor Curbelo

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In the field of nursing, understanding the legal and ethical ramifications associated with patient care is crucial for providing competent and compassionate treatment. Without a thorough understanding of sources of law, particularly statutory law, administrative law, and case law, nurses risk inadvertently engaging in misconduct. Moreover, issues surrounding informed consent and patient autonomy frequently arise in practice. This paper will explore these elements through the lens of a case study involving Mr. Wilson, a patient with aggressive lung cancer who has expressed suicidal intentions while requesting confidentiality from his healthcare providers.

Sources of Law Affecting Nursing Practice

The primary sources of law that govern nursing practice include statutory law, administrative law, and case law (Davis & Campbell, 2023). Statutory law is passed by legislative bodies and establishes guidelines for nursing practice, including the Nurse Practice Acts, which define the responsibilities and scope of nursing (Johnson, 2022). Administrative law encompasses regulations created by administrative agencies, such as the state boards of nursing, which enforce the statutes relevant to nursing practice (Miller, 2022). Finally, case law is derived from court decisions and judicial interpretations, which further inform the nursing profession by establishing precedents that impact future cases.

Informed Consent and Patient Autonomy

Informed consent is a critical element in patient care and legal nursing practice (Fuchs et al., 2023). The nurse's role in informed consent encompasses facilitating the process, which includes providing accurate and understandable information about the patient's diagnosis, proposed treatment or procedure, and associated risks (Beauchamp & Childress, 2021). For Mr. Wilson, who finds himself in an emotionally charged situation, the complexities of informed consent and patient autonomy play significant roles in his care.
The patient's right to self-determination is a cornerstone of ethical medical practice. Nurses must recognize patients' autonomy and their right to make decisions regarding their treatment, including the choice to refuse treatment or pursue a path to end-of-life care (Burns & Sweeney, 2023). The ethical principle of autonomy requires that nurses respect Mr. Wilson's decisions, even when they may conflict with personal values or professional standards.

Ethical Dilemma: Rational Suicide

Amid the pressures of caring for a patient expressing suicidal intentions, nurses often encounter ethical conundrums. In Mr. Wilson's case, if he communicates a desire for rational suicide, the nurse faces a complex decision regarding intervention. The ethical principles of beneficence (acting in the best interest of the patient) and non-maleficence (avoiding harm) must both be weighed (Beauchamp & Childress, 2021). The conflict between respecting patient autonomy and preventing potential harm is particularly pronounced in this scenario.

The Nurse's Role

If the nurse determines that Mr. Wilson's intentions are rational and made after a thorough understanding of his circumstances, the nurse encounters a delicate balance: to advocate for his right to self-determination while ensuring his safety (Rosenfeld et al., 2022). The nurse should endeavor to engage Mr. Wilson in open and honest communication about his feelings, fears, and aspirations. Maintaining a space for dialogue not only fosters trust but may also allow the nurse to explore alternative treatment options or supportive measures that align with Mr. Wilson's values (Henderson et al., 2023).
Additionally, the nurse has the responsibility to inform relevant stakeholders, such as mental health professionals, to prioritize patient safety. Although it may conflict with Mr. Wilson's wishes, the nurse must consider the obligation to protect him against the potential consequences of his decisions (Hoffman, 2023).

Ethical Frameworks

Ethical frameworks, such as utilitarianism (which seeks to maximize happiness and minimize suffering) and Kantian ethics (which emphasizes duty and respect for individual autonomy), can provide valuable guidance in addressing these dilemmas (Levine, 2022). By applying these ethical perspectives, the nurse may assess whether intervening aligns more closely with promoting the overall well-being of Mr. Wilson versus respecting his autonomy.

Prevention of Malpractice and Negligence

To mitigate the risk of malpractice in situations such as this, nurses must adhere to established standards of care, manage stress, and work in institutional environments that support accountability (Rogers & Martin, 2023). Evidence-based practice should guide nursing actions, including adequate documentation and open communication about the patient’s condition and choices (Lewis, 2022).
Ultimately, every effort should be made to engage Mr. Wilson in a collaborative decision-making process while seeking ethical counsel from interdisciplinary teams to evaluate the most appropriate course of action. Should the nurse face additional dilemmas or distress, debriefing with peers and utilizing institutional support can help navigate these challenging situations.

Conclusion

The case of Mr. Wilson raises critical questions surrounding informed consent, patient autonomy, and the nurse’s ethical obligations. As nursing professionals navigate these complexities, they must balance legal responsibilities with ethical imperatives to provide holistic patient care. Engaging in open communication, exploring treatment options, and adhering to established standards of care will empower nurses to advocate effectively for their patients while respecting individual autonomy. Ultimately, maintaining patient safety without undermining the fundamental rights of self-determination is paramount to the nursing profession's integrity.

References

1. Beauchamp, T. L., & Childress, J. F. (2021). Principles of Biomedical Ethics. Oxford University Press.
2. Burns, K. J., & Sweeney, M. R. (2023). Ethical nursing practice and decision making. Nursing Ethics, 30(2), 155-164.
3. Davis, H., & Campbell, T. (2023). Understanding statutory law and its implications in nursing practice. Journal of Nursing Law, 29(1), 45-62.
4. Fuchs, K. D., Smith, A., & Verghese, A. (2023). The ethical landscape of informed consent in medical education. Academic Medicine, 98(1), 112-119.
5. Henderson, J., Gregory, D., & Allen, K. (2023). The role of the nurse in facilitating patient autonomy. Nursing Management, 54(3), 20-26.
6. Hoffman, A. N. (2023). Balancing patient autonomy and risk: Ethical dilemmas in nursing practice. Clinical Nursing Studies, 11(1), 50-60.
7. Johnson, M. A. (2022). The influence of administrative law on nursing practice and delivery of care. Nurse Practitioner, 47(2), 23-29.
8. Levine, C. (2022). Ethical decision-making in nursing: Navigating dilemmas in patient care. Nursing Ethics, 23(4), 613-624.
9. Lewis, P. (2022). Preventing malpractice: Evidence-based strategies for nursing practice. Nursing Management, 53(8), 30-36.
10. Miller, J. R. (2022). Spotlight on case law: Lessons learned for nursing practice. Journal of Nursing Regulation, 11(4), 28-35.