Question

How can you ensure that you operate within legal and ethical considerations for reviewing and improving own practice, including:

• Codes of practice
• Duty of care
• Rights and responsibilities of workers and employers
• Work role boundaries – responsibilities and limitations

Answer 1

Every profession is bound to certain ethical and legal considerations and is one great call to stick to them throughout our professional life.

The ethical considerations in nursing majorly include ;

1. AUTONOMY- the ultimate freedom of choice must lie on the patient. The patient must be educated about the choices they have and the benefits and harm that it could possibly bring, the treatment should not be forced.

2. BENEFICENCE- the aim is to do nothing but good for the patient. The short term can be compromised for the long term benefits if it promises that way \.

3. NON MALEFICENCE-'DO NO HARM'. the nurse should never intend to or hurt the patient by any means.

4. JUSTICE- 'EQUAL TREATMENT FOR EQUAL CASES', irrespective of any other physical or social regard.

The legal considerations is basically to stick to the terms with law and not to break them.

The four legal elements are;

1. Duty - established relationship between the plaintiff and the defendant
2. Breach of Duty - failure to do what a reasonable and prudent professional would do under similar circumstances
3. Damages - direct injuries
4. Causation - An established correlation between the acts of negligence and the injuries ;proximate cause

TORTS - A tort is a civil wrong committed against a person or property (real or personal)

It can be ;

INTENTIONAL - battery, assault, false imprisonment, and intentional infliction of emotional distress.

· ASSAULT - causing of an apprehension of an immediate harmful, offensive or unauthorized contact to a person and a willful attempt or threat to injure

· BATTERY- harmful, offensive or unauthorized touching of another person.

· FALSE IMPRISONMENT- the patient is confined to the institution beyond date without any justifications

UNINTENTIONAL

· MALPRACTISE- Medical malpractice is the failure of a medical professional to follow the accepted standards of practice of his or her profession, resulting in harm to the patient.

· NEGLIGENCE -inability to perform what one is supposed to ,in the given situation according to the competence expected out of them , to save the patient

QUASI INTENTIONAL

· DEFAMATION- defaming someone else that stops the patient from getting right and adequate care

· INVASION OF PRIVACY - Invasion of privacy is the intrusion into the personal life of another, without just cause

· FRAUD- misleads a client to prevent the discovery of a mistake in treatment.

to ensure that you operate within the ethical and legal considerations ,you should;

• be properly eduacated of the ethical considerations and the legal bounds
• always stick to ethics
• communicate properly with your patient
• work harmoniously with your co-workers
• provide individualised care
• always take informed consen
• be competent and always put effort to brush up your knowledge and sharpen them
• be aware of the advancements in the field and contribute to the researches
• never invade into the privacy of yur patient
• reciprocate trust endowed upon your profession

RIGHTS:

1. right to practice in a manner that fulfills their obligations to society and to those who receive nursing care.

1. right to practice in environments that allow them to act in accordance with professional standards and legally authorized scopes of practice.

1. right to a work environment that supports and facilitates ethical practice

1. right to freely and openly advocate for themselves and their patients, without fear of retribution.

1. right to fair compensation for their work, consistent with their knowledge, experience and professional responsibilities.

1. right to a work environment that is safe for themselves and for their patients.

1. right to negotiate the conditions of their employment, either as individuals or collectively, in all practice settings.

RESPONSIBILITIES;

• Record medical history and symptoms
• Collaborate with team to plan for patient care
• Advocate for health and wellbeing of patient
• Monitor patient health and record signs
• Administer medications and treatments
• Operate medical equipment
• Perform diagnostic tests
• Educate patients about management of illnesses
• Provide support and advice to patients

PROFESSIONAL BOUNDARIES

• there can be conflicts between the choices of nurse and the patient
• these are spaces between nurse's power and patient's vulnerability
• occurs when there is confusion between the needs of patient and the nurse
• realise the constraints and disclose only that much of your personal information required to provide care.
• develop a good relationship with the patient but do not diclose too much of your personal information
• work within the therapeutic relationship