The Ethical And Legal Implication Of Consent On Nursing And Professional Practice

Ethical practice is another component of the social contract of nursing which is a reflection of the values, beliefs and moral principles of the nursing profession. The American Nurses Association (ANA) has established the “Code of Ethics for Nurses” which serves as a “guideline” for the nursing profession in which clinical judgements and

There are a number of legal and ethical duties expected of nurses. Most of these involve care for patient’s autonomy and confidentiality despite the medical care. Failure to act regarding these can give rise to liability. One aspect of Patient’s autonomy involves giving or withholding his consent about treatment. This paper takes into account ‘consent’ as the aspect of law regarding nursing.

Healthcare professionals have an ethical obligation to respect patient’s wishes. Consequently, many legal and ethical dilemmas arise in healthcare in response to clinical decisions related to the needs, beliefs, and preferences of patients and families. Other dilemmas result over concerns about the integrity, competence, or actions of other healthcare professionals. Preserving human dignity, relieving suffering, equality, integrity, and accountability are essential nursing values (Kangasniemi, Pakkanen, & Korhonen, 2015). Nurse leaders have an

According to American Nurses Association (ANA), (2010) “the nurse promotes, advocates for and strives to protect the heath, safety and right of the patient” (p. 6). Nursing responsibilities should be acted at the highest standard and must be based on legal and ethical obligations.

When working with an individual it is important to uphold their rights to be fully involved in their own care, whilst adhering to legal requirements. It is also the individuals right to refuse any care, support or treatment they do not want. It is also essential that people not only give you their consent but also that they understand what they are consenting to and the implications of this. Gaining consent protects not just the career but the individual receiving the care and support as-well. If no consent is given then you cannot proceed with the care. It is illegal to pressure anyone into

A nurse is given an opportunity to help patients, either if its by helping them through a very serious sickness or just helping a patient get to the bathroom on time, or a time when happiness is overfilling the room and a child is being born. Registered nurses provide a wide variety of patient care services (Mitchell, p.12). A Nurse must always know where to begin and where to stop, as any other career in the health field there is always something that cannot be done by everyone but only the certified person, a nurse must always remain inside her scope of practice to prevent any misunderstandings. A nurse must also follow a code of ethics , the code of ethics of the American Association of Medical Assistants states that a nurse should at all times render service with full respect and dignity of humanity, respect confidential information obtained by a patients file, uphold the honor and high principles the profession and accept its discipline, and last but not least always want to improve her services to better serve the health and well being of the community. (Mitchell, p.65).

Nursing surrounds the concept of patient care physically, mentally and ethically. The therapeutic relationship that is created is built on the knowledge and skills of the nurse and relies on patient and nurse trusting one another. The use of nursing skills can ensure these boundaries are maintained, it allows for safe patient care. Professional boundaries are the line that nurses cannot cross, involving aspects such as patient confidentiality and privacy, ensuring legal aspects of nursing and the boundaries put in place are not breached. However, nurses accepting financial or personal gain from patient can also cross these professional boundaries. It is only through education in this area that the rights of patients can be preserved, as

The NMC has a code of professional conduct, standard for conduct, performance and ethics, the code clearly states the need for nurses, midwives as well as special community public health nurses to maintain their professional knowledge and competence in order to deliver care based on current evidence, best practice and where applicable (NMC 2004, p.10). Hence, nursing profession is regulated by the NMC which has

Nurses are constantly challenged by changes which occur in their practice environment and are under the influence of internal or external factors. Due to the increased complexity of the health system, nowadays nurses are faced with ethical and legal decisions and often come across dilemmas regarding patient care. From this perspective a good question to be raised would be whether or not nurses have the necessary background, knowledge and skills to make appropriate legal and ethical decisions. Even though most nursing programs cover the ethical and moral issues in health care, it is questionable if new nurses have the depth of knowledge and understanding of these issues and apply them in their practice

As an individual’s ethics will play a large part in their practice, there are specific guidelines and legislation that exist to ensure that nurses, as well as other health professionals, practice in a way that is ethical (Avery, 2013). These laws further exists to attempt to simplify the ethical issues that sometimes present in nursing practice and to attempt to guide one’s actions. The Nursing and Midwifery Board of Australia (NMBA) provides guidance to nurses by providing a number of professional codes and guidelines (Avery, 2013). The NMBA has developed a code of ethics for nurses comprising of eight codes (Avery, 2013). These are as follows; 1) Nurses value quality nursing care for all people; 2) Nurses value respect and kindness for self and others;

Nurses are subject to a plethora of legal, ethical, and professional duties which can be very challenging on a day to day basis. Some of these duties include respecting a patient 's confidentiality and autonomy, and to recognize the duty of care that is owed to all patients. As nurses our duties are always professional; however there are legal implications if these duties are breached. We also must consider when it is okay as nurses to breach these duties and therefore ethical issues arise. As nurses one of our main priorities is to advocate for our patients, without our own personal feelings on the matter taking over.

Codes of ethics contain a coherent set of normative principles underlying a nurse’s purpose and associated values (Vanlaere and Gastmans, 2007). Two perspectives of ethics are the ethics of justice and the ethics of care (Botes, 2000). The ethics of justice constitutes an ethical perspective in terms of which ethical decisions are made on the basis of universal principles and rules, and in an impartial and verifiable manner with a view to ensuring the fair and equitable treatment of all people (Botes, 2000). The ethics of care, on the other hand, constitutes an ethical approach in terms of which involvement, harmonious relations and the needs of others play an important part in ethical decision making in each ethical situation (Botes, 2000).

Consent can be quite tricky, a legal minefield for healthcare teams, this is due to the patients who will give or refuse to give private information about themselves who is legally competent but

Professional nurses encounter a variety of legal ethical and bioethical issues on a daily basis. For this reason, it is essential that all nurses are aware of current state and national legislation, acts and guidelines and the implications of these for nursing practices as well as legal processes, principles of open disclosure and the role of a coroner in the health sector. In this way, nurses can adhere to the overarching guidelines for practice as well as working within the code of conduct, competency standards and scope of practice. This paper will provide an overview of legal and ethical parameters of professional nursing practice.

The health care industry continually deals with the lives of individuals and is bound by the ethical and legal aspects that influence decisions of health care professionals in their clinical practice. This essay aims to discuss the various issues and ethical dilemmas that arise with regards to the consent of consumers. In the attempt to explore these points, different literatures are used to shed light on this topic. This paper begins by defining what consent is and the role of nurses or the health care team in being an advocate of the patient when requiring consent. It moves on with the discussion of ethical frameworks, which are recognized nationally and internationally, as these carry significant influences in health care decision-making. The essay also brings out the essence of ethical theories and its relevance to consent giving. It then tackles the similarities and differences of the Code of Ethics and ethical guidelines relevant to both nursing and midwives as both professions work closely in the care of mothers, children and families. Issues and views from experienced professionals in these fields are presented and critically compared. It then considers both ethical and legal aspects, which seeks arguments and rational implications. The last topic points to the social and spiritual factors pertinent to consent that impact the society particularly on the care of patients and concludes by summarising discussed points and arguments about consent.