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Renjini. R
M.sc (N)
ETHICAL AND LEGAL
ISSUES IN NURSING
INTRODUCTION
 The contribution of nursing to the alleviation of
suffering and to protection and promotion and
restoration of health is a proud in the history. The
image of any organization depends upon the behaviour
of people who constitute it. So, there is great obligation
on the part of employees to behave in an ethical way at
the work place.
 This is equally applicable to the nurses who are
working in different sectors of health care delivery
system. The way nurses behave, reflect the image of
that organization. Today the nurses face a variety of
ethical problems than ever before.
 LEGAL STANDARDS: Some things are right or
wrong by laws
 NURSING ETHICS: A standard for professional
behaviour. A guide to identify our conduct in
relation to
 PATIENTS
 FELLOW NURSES
 HEALTH CARE TEAM
 OUR COMMUNITY
 OUR PROFESSION
MEANING
 The word Ethics is derived from Greek word “Ethos”
which means customs or guiding beliefs (character).
DEFINITIONS
 It can be viewed as a generic term for several ways of
examining the morale of life. -BEAUCHAMP TL
 Ethics is the study of good conduct, character and
motives.
-POTTER
ETHICAL PRINCIPLES
1. AUTONOMY
 Autonomy can be defined as „ self-rule with no
control, undue influence or interference from
other”.
 Refers to make one’s own decision.
 Nurses recognize the individual’s uniqueness.
 It is about respecting other people’s wishes and
supporting them in their decisions.
2. BENEFICENCE
 This can be defined as “the principle of doing well
and providing care to others”
 Refers to taking positive actions to help others.
 As employees are we properly trained and
competent to carry out the tasks we are providing
to our children/families/clients/customers.
Eg : child’s immunization may discomfort during
administration, but the benefit of protection from
disease for the individual and society, outweigh the
temporary discomfort.
3. NON-MALEFICENCE
 Refers to avoidance of harm or hurt.
 “Obligation not to inflict harm on others”
 Nurses tries to balance the risks and benefits of a plan of
care. .
 However, do we sometimes cause short term harm for
long term good .
4. JUSTICE
 Simply defined as “equal treatment of equal cases” or the
principle of fairness.
 Treat all clients equally and fairly.
 However, some people need to be treated differently if
they require special care over and above what other
people may need.
5. CONFIDENTIALITY
 It refers to the rights of clients for protection of privacy
without diminishing access to quality care.
 It is important for trusting relationship.
 Nurses will not share information about the client
unless it is agreement from the client or required by
the law.
6. ACCOUNTABILITY:
 It is an ability to answer for one’s own action.
 Nursing professional must agree to evaluate practices
and actions and to take action to preserve nursing
excellence.
7. VERACITY
 It is concerned with being open, honest and truthful with
people.
 It is also the accurate transfer of information in a way
that is suitable for the individual to understand
 “This is not always an easy principle to maintain when
you are asked difficult questions, or your answer may be
distressing”
8. FIDELITY
Fidelity is about
 Being Faithful
 keeping promises
 always doing what is right
 being trust worthy
 Confidential
 Showing respect and dignity
 respecting autonomy
 Acting in their best interest.
INTERNATIONAL CODE OF
NURSING ETHICS
THE ICN CODE OF ETHICS FOR NURSES
 An international code of ethics for nurses was first
adopted by the International Council of Nurses (ICN)
in 1953.
ELEMENTS OF THE CODE
1. NURSES AND PEOPLE
 In providing care, the nurse promotes an environment in
which the human rights, values, customs and spiritual
beliefs of the individual, family and community are
respected.
 The nurse holds in confidence personal information and
uses judgement in sharing this information.
2. NURSES AND PRACTICE
 The nurse carries personal responsibility and
accountability for nursing practice.
 The nurse at all times maintains standards of personal
conduct.
 The nurse, in providing care, ensures that use of
technology and scientific advances are compatible
with the safety, dignity and rights of people
3. NURSES AND THE PROFESSION
 The nurse assumes the major role in implementing
acceptable standards of clinical nursing practice,
management, research and education.
4. NURSES AND CO-WORKERS
 The nurse sustains a co-operative relationship with co-
workers in nursing and other fields.
 The nurse takes appropriate action to safeguard
individuals, families and communities when their
health is endangered by a co- worker or any other
person
5. NURSES AND SOCIETY
 Participate and share responsibility with other citizens
& other health professionals.
 Recognize and perform the duties of citizenship
 Aware of laws and regulations which affect the
practice of nursing.
INC CODE OF ETHICS FOR NURSES
IN INDIA
 The nurse respects the uniqueness of individual in
provision of care.
 Provides care for individuals without consideration of
caste, creed, religion, culture, ethnicity, gender, socio-
economic and political status, personal attributes, or
any other grounds.
 Individualizes the care considering the beliefs, values
and cultural sensitivity.
 Appreciates the place of the individual in family and
community and facilitates participation of significant
others in the care.
 Develops and promotes trustful relationship with
individual(s).
 Recognizes uniqueness of response of individuals to
interventions and adapts accordingly.
 The nurse respects the rights of individuals as partner in
care and helps in making informed choices
 Appreciates individual’s right to make decisions about
their care and therefore gives adequate and accurate
information for enabling them to make informed choices.
 The nurse respects the rights of individuals as partner in
care and helps in making informed choices
 Respects the decisions made by individual (s) regarding
their care.
 Protects public from misinformation and
misinterpretations.
 Advocates special provisions to protect vulnerable
individuals/groups.
 The nurse respects individual’s right to privacy,
maintains confidentiality, and shares information
judiciously.
 Respects the individual’s right to privacy of their
personal information.
 Maintains confidentiality
 Nurse maintains competence in order to render Quality
Nursing Care.
 Nursing care must be provided only by registered nurse.
 Nurse strives to maintain quality nursing care and
upholds the standards of care.
 Nurse values continuing education and utilizes all
opportunities for self-development.
 The nurse is obliged to practice within the framework of
ethical and legal boundaries
 Adheres to code of ethics and code of professional
conduct for nurses in India developed by Indian Nursing
council.
 Nurse is obliged to work harmoniously with the
members of the health team.
 Appreciates the team efforts in rendering care.
 Cooperates, coordinates and collaborates with the
members of the health team to meet the needs of the
people.
 Demonstrates personal etiquettes in all dealings.
 Demonstrates professional attributes in all dealings.
(FOR
NURSES IN INDIA)
1. PROFESSIONAL RESPONSIBILITY AND
ACCOUNTABILITY:
 Nurse Maintains standards of personal conduct. It is
accountable for his/her own decisions and actions.
 Carries out responsibilities.
 Is accountable for own decisions and actions
 Is responsible for continuous improvement of current
practices
 Provides adequate information to individuals that allows
them informed
2. NURSING PRACTICE :
 Provides care in accordance with set standards of
practice
 Treats all individuals and families with human dignity.
 Respects individual and families in the context of
traditional and cultural practices and discouraging
harmful practices.
 Promotes participation of individuals and significant
others in the care
 Ensures safe practice
3. COMMUNICATION AND INTERPERSONAL
RELATIONSHIPS:
 Establishes and maintains effective interpersonal
relationship with individuals, families and communities
 Maintains effective interpersonal relationship with
them
 Cooperates with other health professionals to meet
the needs of the individuals, families and community
4. VALUING HUMAN BEING
 Takes appropriate action to protect individuals from
harmful unethical practice
 Encourage and support individuals in their right to
speak for themselves on issues affecting their health
and welfare
 Respects and supports choices made by individual
5. MANAGEMENT
 Ensures appropriate allocation and utilization of
available resources
 Communicates effectively following appropriate
channels of communication
 Participates in performance appraisal
 Participates in evaluation of nursing services
ETHICAL ISSUES IN NURSING
 1.UNSAFE PATIENT TO NURSE RATIO:
 2. INAPPPROPRIATE MEDICATION ORDER
 3. UNRESPONSIVE
 4. INAPPROPRIATE TASK
 5.LIFE THREATNING PATIENT DECISIONS
MEANING
 The word law is derived from an Anglo-Saxon term
meaning that which is laid down or fixed.
DEFINITION
 Law is a body of rules of conduct inherent in human
nature and essential to human society and guide
human functions.
PURPOSES
1. Safeguarding the public:
 The public safety is guaranteed
 The individual is secure to the event of sickness or
disability with no fear of anxiety of being cared for by
a competent person.
 It protects the patients /clients against deliberate
injury by a nurse.
2. Safe guarding the nurse:
 It protects the nurses also against the legal action if
she renders right care.
 Good rapport
LEGAL LIABILITY IN NURSING
1. UNINTENTIONAL TORTS:
These types of torts are accidents that cause injury to
another person or property.
 NEGLIGENCE: Nursing negligence usually means failure
by the nurse to take the appropriate action to protect the
patient from harm.
E.g.: Burns, falls, medication errors, failure to observe, use
of defective equipment’s, loss of patient property, patient
mix up.
 MALPRACTICE: Medical malpractice is an act by a health
care provider which deviates from accepted standards of
practice in the medical community and which cause injury
to the patient.
ELEMENTS OF MALPRACTICE
 DUTY- (relationship) nurse’s responsibility to provide
care in an acceptable manner.
 BREACH OF DUTY- failed to provide care in acceptable
manner.
 INJURY (DAMAGES)- nurses act caused harm.
 Leaving foreign objects like sponge or forceps, inside a
patient during surgery.
 Failing to assess and observe patient as directed.
 Failing to report a change in a patient’s condition such
as vital signs, circulatory status and level of
consciousness.
 Failure to select appropriate site by the nurse to
administer intramuscular injection that causes
permanent damage to patient’s extremity.
 Falling to obtain an informed consent.
2. INTENTIONAL TORTS:
These types of torts are deliberate actions in which the
intent is cause injury to a person or property.
 ASSAULT: Assault is the threat of unlawful touching of
another, the wilful attempt to harm someone. Assault
can be verbally threatening a patient.
 BATTERY: Battery is the unlawful touching of another
without consent or justification. In legal medicine
battery occurs if a medical or surgical procedure is
performed without patient consent.
 3. QUASI INTENTIONAL TORTS:
It is usually involving situations of communication and
often violates a person’s reputation, personal privacy
or civil rights.
 Defamation : It is the issuance of a false statement
about another person which causes that person to
suffer harm. (the action of damaging the good
reputation of someone)
 Fraud: Fraud is a crime or offence of deliberately
mislead another in order to damage another to obtain
property or services and a civil law violation.
 Invasion of privacy: Clients have claims for invasion
of privacy , e.g. their private affairs, with which the
public has no concern, have been publicized.
LEGAL ISSUES IN NURSING
PRACTICE AREA
 Patients property
 Caring patients with AIDs
 Living wills and health care surrogates
 Deaths and dying
 Autopsy and organ donation
LEGAL RESPONSIBILITIES OF
NURSES
1. AT ADMINISTRATIVE AND SUPERVISORY LEVEL
 Appointing and assigning the nurses
 Quality control
 Material management
 Proper documentation system
 Staff management
2. AT OPERATIONAL LEVEL
 Carrying out physician’s orders
 Alert for mishap
 Maintaining safe environment
 Use of safe equipment's
 Maintenance of proper records
OTHER ISSUES
PATIENT CARE ISSUES
 Nursing shortage
 Low salaries
 Standard care
MANAGEMENT ISSUES
 Turnover
 Funding
 Workload
 Issues regarding malpractice in nursing management
 Issues of delegation and supervision
 Issues related to staffing
 Collaboration issues
EMPLOYMENT ISSUES
 Issues related to nursing shortage
 Issues in nurse migration
 The right to work and right to practice
 Exploitation and discrimination
 Misconduct and imposition of punishment
 Sexual harassment at the workplace
 Renewal of nursing registration
 Specialization in clinical area
 Nursing care standards
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Code of Ethics, Code of professional conduct, Legal aspects in Nursing .pptx

  • 1. Renjini. R M.sc (N) ETHICAL AND LEGAL ISSUES IN NURSING
  • 2. INTRODUCTION  The contribution of nursing to the alleviation of suffering and to protection and promotion and restoration of health is a proud in the history. The image of any organization depends upon the behaviour of people who constitute it. So, there is great obligation on the part of employees to behave in an ethical way at the work place.  This is equally applicable to the nurses who are working in different sectors of health care delivery system. The way nurses behave, reflect the image of that organization. Today the nurses face a variety of ethical problems than ever before.
  • 3.  LEGAL STANDARDS: Some things are right or wrong by laws  NURSING ETHICS: A standard for professional behaviour. A guide to identify our conduct in relation to  PATIENTS  FELLOW NURSES  HEALTH CARE TEAM  OUR COMMUNITY  OUR PROFESSION
  • 4. MEANING  The word Ethics is derived from Greek word “Ethos” which means customs or guiding beliefs (character).
  • 5. DEFINITIONS  It can be viewed as a generic term for several ways of examining the morale of life. -BEAUCHAMP TL  Ethics is the study of good conduct, character and motives. -POTTER
  • 6. ETHICAL PRINCIPLES 1. AUTONOMY  Autonomy can be defined as „ self-rule with no control, undue influence or interference from other”.  Refers to make one’s own decision.  Nurses recognize the individual’s uniqueness.  It is about respecting other people’s wishes and supporting them in their decisions.
  • 7. 2. BENEFICENCE  This can be defined as “the principle of doing well and providing care to others”  Refers to taking positive actions to help others.  As employees are we properly trained and competent to carry out the tasks we are providing to our children/families/clients/customers. Eg : child’s immunization may discomfort during administration, but the benefit of protection from disease for the individual and society, outweigh the temporary discomfort.
  • 8. 3. NON-MALEFICENCE  Refers to avoidance of harm or hurt.  “Obligation not to inflict harm on others”  Nurses tries to balance the risks and benefits of a plan of care. .  However, do we sometimes cause short term harm for long term good . 4. JUSTICE  Simply defined as “equal treatment of equal cases” or the principle of fairness.  Treat all clients equally and fairly.  However, some people need to be treated differently if they require special care over and above what other people may need.
  • 9. 5. CONFIDENTIALITY  It refers to the rights of clients for protection of privacy without diminishing access to quality care.  It is important for trusting relationship.  Nurses will not share information about the client unless it is agreement from the client or required by the law.
  • 10. 6. ACCOUNTABILITY:  It is an ability to answer for one’s own action.  Nursing professional must agree to evaluate practices and actions and to take action to preserve nursing excellence. 7. VERACITY  It is concerned with being open, honest and truthful with people.  It is also the accurate transfer of information in a way that is suitable for the individual to understand  “This is not always an easy principle to maintain when you are asked difficult questions, or your answer may be distressing”
  • 11. 8. FIDELITY Fidelity is about  Being Faithful  keeping promises  always doing what is right  being trust worthy  Confidential  Showing respect and dignity  respecting autonomy  Acting in their best interest.
  • 12.
  • 13. INTERNATIONAL CODE OF NURSING ETHICS THE ICN CODE OF ETHICS FOR NURSES  An international code of ethics for nurses was first adopted by the International Council of Nurses (ICN) in 1953.
  • 14. ELEMENTS OF THE CODE 1. NURSES AND PEOPLE  In providing care, the nurse promotes an environment in which the human rights, values, customs and spiritual beliefs of the individual, family and community are respected.  The nurse holds in confidence personal information and uses judgement in sharing this information.
  • 15. 2. NURSES AND PRACTICE  The nurse carries personal responsibility and accountability for nursing practice.  The nurse at all times maintains standards of personal conduct.  The nurse, in providing care, ensures that use of technology and scientific advances are compatible with the safety, dignity and rights of people
  • 16. 3. NURSES AND THE PROFESSION  The nurse assumes the major role in implementing acceptable standards of clinical nursing practice, management, research and education. 4. NURSES AND CO-WORKERS  The nurse sustains a co-operative relationship with co- workers in nursing and other fields.  The nurse takes appropriate action to safeguard individuals, families and communities when their health is endangered by a co- worker or any other person
  • 17. 5. NURSES AND SOCIETY  Participate and share responsibility with other citizens & other health professionals.  Recognize and perform the duties of citizenship  Aware of laws and regulations which affect the practice of nursing.
  • 18. INC CODE OF ETHICS FOR NURSES IN INDIA  The nurse respects the uniqueness of individual in provision of care.  Provides care for individuals without consideration of caste, creed, religion, culture, ethnicity, gender, socio- economic and political status, personal attributes, or any other grounds.  Individualizes the care considering the beliefs, values and cultural sensitivity.  Appreciates the place of the individual in family and community and facilitates participation of significant others in the care.
  • 19.  Develops and promotes trustful relationship with individual(s).  Recognizes uniqueness of response of individuals to interventions and adapts accordingly.  The nurse respects the rights of individuals as partner in care and helps in making informed choices  Appreciates individual’s right to make decisions about their care and therefore gives adequate and accurate information for enabling them to make informed choices.  The nurse respects the rights of individuals as partner in care and helps in making informed choices  Respects the decisions made by individual (s) regarding their care.  Protects public from misinformation and misinterpretations.
  • 20.  Advocates special provisions to protect vulnerable individuals/groups.  The nurse respects individual’s right to privacy, maintains confidentiality, and shares information judiciously.  Respects the individual’s right to privacy of their personal information.  Maintains confidentiality  Nurse maintains competence in order to render Quality Nursing Care.  Nursing care must be provided only by registered nurse.  Nurse strives to maintain quality nursing care and upholds the standards of care.
  • 21.  Nurse values continuing education and utilizes all opportunities for self-development.  The nurse is obliged to practice within the framework of ethical and legal boundaries  Adheres to code of ethics and code of professional conduct for nurses in India developed by Indian Nursing council.  Nurse is obliged to work harmoniously with the members of the health team.  Appreciates the team efforts in rendering care.  Cooperates, coordinates and collaborates with the members of the health team to meet the needs of the people.  Demonstrates personal etiquettes in all dealings.  Demonstrates professional attributes in all dealings.
  • 22. (FOR NURSES IN INDIA) 1. PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY:  Nurse Maintains standards of personal conduct. It is accountable for his/her own decisions and actions.  Carries out responsibilities.  Is accountable for own decisions and actions  Is responsible for continuous improvement of current practices  Provides adequate information to individuals that allows them informed
  • 23. 2. NURSING PRACTICE :  Provides care in accordance with set standards of practice  Treats all individuals and families with human dignity.  Respects individual and families in the context of traditional and cultural practices and discouraging harmful practices.  Promotes participation of individuals and significant others in the care  Ensures safe practice
  • 24. 3. COMMUNICATION AND INTERPERSONAL RELATIONSHIPS:  Establishes and maintains effective interpersonal relationship with individuals, families and communities  Maintains effective interpersonal relationship with them  Cooperates with other health professionals to meet the needs of the individuals, families and community
  • 25. 4. VALUING HUMAN BEING  Takes appropriate action to protect individuals from harmful unethical practice  Encourage and support individuals in their right to speak for themselves on issues affecting their health and welfare  Respects and supports choices made by individual
  • 26. 5. MANAGEMENT  Ensures appropriate allocation and utilization of available resources  Communicates effectively following appropriate channels of communication  Participates in performance appraisal  Participates in evaluation of nursing services
  • 27. ETHICAL ISSUES IN NURSING  1.UNSAFE PATIENT TO NURSE RATIO:  2. INAPPPROPRIATE MEDICATION ORDER  3. UNRESPONSIVE  4. INAPPROPRIATE TASK  5.LIFE THREATNING PATIENT DECISIONS
  • 28.
  • 29. MEANING  The word law is derived from an Anglo-Saxon term meaning that which is laid down or fixed. DEFINITION  Law is a body of rules of conduct inherent in human nature and essential to human society and guide human functions.
  • 30. PURPOSES 1. Safeguarding the public:  The public safety is guaranteed  The individual is secure to the event of sickness or disability with no fear of anxiety of being cared for by a competent person.  It protects the patients /clients against deliberate injury by a nurse.
  • 31. 2. Safe guarding the nurse:  It protects the nurses also against the legal action if she renders right care.  Good rapport
  • 32. LEGAL LIABILITY IN NURSING 1. UNINTENTIONAL TORTS: These types of torts are accidents that cause injury to another person or property.  NEGLIGENCE: Nursing negligence usually means failure by the nurse to take the appropriate action to protect the patient from harm. E.g.: Burns, falls, medication errors, failure to observe, use of defective equipment’s, loss of patient property, patient mix up.  MALPRACTICE: Medical malpractice is an act by a health care provider which deviates from accepted standards of practice in the medical community and which cause injury to the patient.
  • 33. ELEMENTS OF MALPRACTICE  DUTY- (relationship) nurse’s responsibility to provide care in an acceptable manner.  BREACH OF DUTY- failed to provide care in acceptable manner.  INJURY (DAMAGES)- nurses act caused harm.  Leaving foreign objects like sponge or forceps, inside a patient during surgery.  Failing to assess and observe patient as directed.  Failing to report a change in a patient’s condition such as vital signs, circulatory status and level of consciousness.  Failure to select appropriate site by the nurse to administer intramuscular injection that causes permanent damage to patient’s extremity.  Falling to obtain an informed consent.
  • 34. 2. INTENTIONAL TORTS: These types of torts are deliberate actions in which the intent is cause injury to a person or property.  ASSAULT: Assault is the threat of unlawful touching of another, the wilful attempt to harm someone. Assault can be verbally threatening a patient.  BATTERY: Battery is the unlawful touching of another without consent or justification. In legal medicine battery occurs if a medical or surgical procedure is performed without patient consent.
  • 35.  3. QUASI INTENTIONAL TORTS: It is usually involving situations of communication and often violates a person’s reputation, personal privacy or civil rights.  Defamation : It is the issuance of a false statement about another person which causes that person to suffer harm. (the action of damaging the good reputation of someone)  Fraud: Fraud is a crime or offence of deliberately mislead another in order to damage another to obtain property or services and a civil law violation.  Invasion of privacy: Clients have claims for invasion of privacy , e.g. their private affairs, with which the public has no concern, have been publicized.
  • 36. LEGAL ISSUES IN NURSING PRACTICE AREA  Patients property  Caring patients with AIDs  Living wills and health care surrogates  Deaths and dying  Autopsy and organ donation
  • 37. LEGAL RESPONSIBILITIES OF NURSES 1. AT ADMINISTRATIVE AND SUPERVISORY LEVEL  Appointing and assigning the nurses  Quality control  Material management  Proper documentation system  Staff management
  • 38. 2. AT OPERATIONAL LEVEL  Carrying out physician’s orders  Alert for mishap  Maintaining safe environment  Use of safe equipment's  Maintenance of proper records
  • 39. OTHER ISSUES PATIENT CARE ISSUES  Nursing shortage  Low salaries  Standard care MANAGEMENT ISSUES  Turnover  Funding  Workload  Issues regarding malpractice in nursing management  Issues of delegation and supervision  Issues related to staffing  Collaboration issues
  • 40. EMPLOYMENT ISSUES  Issues related to nursing shortage  Issues in nurse migration  The right to work and right to practice  Exploitation and discrimination  Misconduct and imposition of punishment  Sexual harassment at the workplace  Renewal of nursing registration  Specialization in clinical area  Nursing care standards