Nursing law and ethics for enrolled nurses

Nursing Law and Ethics

Name two (2) functions of the Nurses Board that are relevant to you as an Enrolled Nurse. 1.Centralized and universal licensure. 2.development and enforcements of legal responsibilities and practice rule of nurses.

State two (2) contributions Florence Nightingale made to healthcare.

The development of nursing as educated role. 2. Establishment and precedence of professionalism in nursing.

List four (4) responsibilities, which come from being registered as an Enrolled Nurse.

Know and practice according to laws and regulations. 2. Responsibility to keep knowledge current. 3. Recognize and respect patient's rights. 4. Advocate for the patient with regard to medical and personal needs.

4.Match the following nursing theory to the theorists responsible for their development.

A) Dorothea Orem iv) Self-care deficit theory

B) Patricia Benner ii) Caring Theory

C) Roper, Logan & Tierney iii) Nursing process & activities of daily living

D) Virginia Henderson i) Fourteen basic needs theory

5. What is the "Doctrine of Precedent" and where did it originate from?

The doctrine of precedent is a legal classification that means that once an ruling has been made by a higher court the ruling is generally followed or receives precedence from a lower or equal court. It originates from English common law otherwise known as civil law and is practiced in the U.S. legal tradition.

6. Statute Law is..

A law directed by written rules and regulations, often dominant in criminal proceedings as well as in determining rights rules and regulations of professions.

7. Civil Law deals with Police or Punishment True or False? False

8. What is your understanding of the term "Duty of Care"?

Duty of care is a general guideline that establishes the responsibility of an individual to act according to a reasonable standard of care. In nursing duty of care would be associated with the fact that logical standards of care should be practiced, not just those delineated in regulations and statutes.

9.Define the following:

Vicarious liability, vicarious liability is the liability one has if they are in direct or implied responsibility for another's actions, such as in the case of a physician over a nurse or an institution over the acts of employees. Most importantly insurance creates vicarious liability as individuals shift responsibilities for their own actions to an insurance agency or company through a malpractice liability policy. (Markesinis & Deakin, 1999, p. 6)

Consent, consent is the agreement of an individual to allow an act toward him or her, informed consent being that the individual is aware of potential outcomes and procedures to be done by a treatment prior to its being done. In most cases consent can only be waved in emergencies and generally requires consent of family in such cases.

Negligence, negligence is not providing reasonable standard of care or inappropriately providing care, by commission or omission, which can or does produce harm to another.

Assault, harming another with words.

Battery, harming another with physical actions.

10.List the four (4) principles that must be proved for an action of negligence to be successful.

1. The person accused was aware of or should have been aware of implications of action or inaction. 2. Harm (usually significant) was done by the lack of action or improper action. 3. There was an increased risk of harm done by the action or inaction of the provider. 4. Standard of care of an equivalent practitioner was not met. (Hall, 1960, p. 115)

11.Name five (5) Legislative Acts that have significance to Nursing Practice.

12.List two (2) members of a Health Care team.

Enrolled Nurse, Registered Nurse

13.Give three (3) fields of nursing in which Enrolled Nurses are trained to practice in.

Medical Nursing, Surgical Nursing, Long-term care nursing

14.An Enrolled Nurse is nurse who has gained practical experience from a limited 12-month coarse and experience in a hospital asetting, the enrolled nurse is subordinate to the registered nurse.

15.List the four (4) domains of the ANCI Competencies.

Professional and ethical practice, critical thinking and analysis, management of care, enabling

16.List five (5) important principles relating to Documentation.

If it is not documented it didn't happen, documentation provides a continuity between health care team members, documentation provides a safety net for professionals when questions of practice of ethic are brought up, documentation is essential to the development of best practices for the future, documentation is essential to the development of outcomes-based treatment efficacy.

17.What are the two broad purposes for nursing documentation?

To provide continuity of care between providers and document a treatment schedule in a timeline.

18.Give three (3) applications of use for the Scope of Nursing Practice Decision Making Framework.

To allow the nurse to be flexible in decision making based on the whole situation of care, to help answer questions about historical best practices, to provide continuity of care from a holistic standpoint

19.To whom does the Scope of Nursing Practice Decision Making Framework apply?

Enrolled nurses and registered nurses as well as nursing support staff

20.What is your understanding of the terms of 'ethics'?

A ethics is acting within the guidelines of all ethical principles of the profession, by respecting the patient, the patients rights and the obligation of the health care community to provide a high standard of care

21.List the four (4) major ethical principles associated with healthcare.

Provide life saving medical intervention, do no harm, respect the patient, respect the patients dignity and wishes

22. Give four (4) ethical issues that you may deal with in nursing practice.

The right of a patient to informed consent, the right of a patient to refuse treatment, the need to help make life saving medical decisions in a healthcare team in the absence of consciousness on the part of the patient and without a family member present, the need to set aside personal opinion of patient and/or his or her decisions and still freely offer available care

23.When confronted with an ethical issue in nursing practice, what is the name of the document that all nurses would refer to?

A e) What are the likely outcomes following a coronial inquest?

The nurse and doctor would likely be held liable and some sort of settlement will be ordered by the court to be paid by the institution, the individual or a malpractice insurer.

A f) Do you think further action may be taken against doctors, nurses and the hospital following the death of the child? Please explain your answer.

The death of a child is significant and in this case avoidable and a plaintiff has the right to seek compensatory damages as is allowed by law.

Case Study 1 Part B

At the end of the night shift, Nurse Brown took a verbal handover and then noticed the observation chart had not been filled in. To assist her friend, Nurse Harvey, whom she knew had a busy night, filled in the observation chart and fluid balance chart for the hours from 0200-0600 hrs.

Overcome by the events of the last 24 hrs, Nurse Harvey and Nurse Brown go to the local tavern for a few drinks before Nurse Harvey goes on duty. They discussed Mr. Spencer and his son. John, a friend of Mr. Spencer, overheard the conversation and joined them. He was also upset by the events of the day and was most keen to discuss the accident and subsequent care.

Assume that Mr. Spencer's son did not die. In contemplation of possible legal action, Mr. Spencer wishes to see his notes and those of his son.

A g) What are the possible implications of Nurse Brown's actions?

Drinking alcohol prior to a shift, discussing a patient outside of work as well as falsifying documentation for another nurse is punishable by suspension of duties as well as potential further legal action.

A h) Why is the practice of discussing patients outside the work environment not acceptable?

Patient confidentiality is essential to maintaining the individual's dignity.

A i) Do you consider the fact that John was a friend makes any difference?

No, the family may not have wished for this information to be shared and they have the right to make this decision themselves, not have it decided by another.

A j) What, if any, legal implications may there be from the conversation with John?

Breach of confidentiality is a major ethical violation, again it could be punishable by suspension of licensure and/or further legal actions.

A k) What are Mr. Spencer's options to gain access to the hospital records?

Mr. Spencer may request copies of his medical records, and those of his dependant son or he may seek to do so through a solicitor or a public representative.