When caring for patients, nurse practitioners must incorporate ethical knowledge in practice. Ethics addresses morals, advocates doing the right thing, and encourages providers to act appropriately (Epstein & Turner, 2015). Not only do ethical issues arise from bedside dilemmas, but ethical issues can also stem from problems at the organizational level. The code of ethics can help guide the levels of direct and non-direct patient care for the NP (Epstein & Turner, 2015). Legal considerations that are important to the NP and clinical practice are the following: a) negligence, b) breach of duty, c) informed consent and refusal, d) battery, e) confidentiality, and f) patient autonomy.
Negligence
One important professional legal issue is medical negligence, or medical malpractice. Medical negligence occurs when a provider performs his or her job in such a way that deviates from the accepted medical practice standard (Goguen, n.d.). Medical negligence can be tested by a three-part test in which the following happens: a) a duty of care is owed to a person, b) a breach of duty is established, and c) harm has been caused to the patient because of the breach (Goguen, n.d.). Medical negligence can turn into medical malpractice when health care providers cause injury to the patient or worsen the patient’s clinical condition (Goguen, n.d.).
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For example, a breach of duty can happen if the physician fails to thoroughly examine a patient or inaccurately diagnoses a health condition. Furthermore, a breach of duty can happen if the health care provider writes a prescription for the incorrect dose of
The topic of ethics is prevalent in health care and addresses a broad range of topics in nursing. In almost every interaction with a patient there could be a situation that may bring up the question of ethics. Fortunately, there is the realization that placing the nurse in the care of a patient, may put the medical personnel in an environment where the ethics are questioned. There are whole departments dedicated to advising nurses in these situations. There are also ethic committees to help guide you when you find yourself in a situation that may question your practice or circumstances.
The consequences of medical malpractice can be devastating: paralysis, brain damage, cognitive deficits, loss of limbs, organ failure, permanent disabilities, and death are some of the outcomes.
Health risk the growth of mal practice and the deposition of quality care needs improvement, many patients are not receiving the fair treatment due compensation. Patients liability should be upheld within any health facility The safety for patients and medical liability is important in healthcare because many physicians have obligations required to be fulfilled by law to make sure the quality of care is done in a professional manner.federal law has created an legal system that still faces issues dealing with quality of care.Many health physicians still lack accuracy when it comes to a patients liability. Malpractice has not made the right changes to set forth better effort to the improvement of quality health care.The way courts handle
Nurses (2006), “The nurse holds in confidence personal information and uses judgment in sharing this information.” Maintaining confidentiality of patients is an expression of respect of persons and, in many ways, is essential to the nurse-patient relationship (Burkhardt & Nathaniel, 2008, p. 67-68). It is essential for nurses to understand how to approach ethical issues
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
Medical Malpractice occurs when a healthcare professional provides substandard care, whether intentional or unintentional, causing injury or damage to a patient. In order to demonstrate medical malpractice, the plaintiff-patient has the responsibility of the burden of proof. The plaintiff-patient must prove a preponderance of evidence, or clear concise evidence of malpractice by supplying four elements of proof. First the plaintiff must show that the provider owed the patient a professional duty of care. Next the plaintiff has to demonstrate that the professional duty owed to them was violated or breached. After that the plaintiff must demonstrate that injury resulted from the said violation or breach. Finally, the patient
While it obviously is in the interest of everyone that medical staff take their job very seriously, it seems critical to prosecute medical staff for mistakes that lead to the death of patients. Certainly, doctors and medicals do not want their patients to be hurt by their negligence, yet, the medical profession is under immense pressure and needs certainty that their mistakes will not lead to criminalisation. Although gross negligence falls within manslaughter rather than murder, a medical’s career is ruined if convicted of manslaughter. The test for gross negligence was set out in R v Adamako where the defendant owes a duty of care towards the victim but has breached this duty and therefore caused the death of the victim in such a grossly negligent manner that it amounts to criminal behaviour. The question what exactly is so grossly negligent that it amounts to criminal behaviour is hard to define and is decided by the jury.
As healthcare providers, maintaining a patient’s confidentiality, human dignity and privacy is expected at all times. Nurses are faced with maintaining patient confidentiality on a daily basis. The Coded of Ethics for Nurses is the framework of nonnegotiable ethical standards and obligations that all nurses are to uphold. Nurses are to be accountable for their actions and are expected to advocate and strive to protect the rights, health and safety of patients (American Nurses Association, 2011).
.S. health laws based on criminal misconduct in health care to the creation of contract laws, holds health care facilities liable to vicarious liabilities and Tort Laws that amount up to Medical Malpractice.
Medical malpractice happens when a hospital, doctor or other health care professional, perform negligence through their practice and causes an injury to a patient, it may be the result of mistakes in diagnosis, management and after care or health management. (Podgers, 2007)
Medical malpractice refers to negligence by a health care provider whose treatment was unacceptable, caused harm, injury or death to a patient. This can be from a nurse, a doctor or any other health professional.
Modern medicine has advanced considerably since the dark ages of medicine that had the mother attended to by a midwife in a nonmedical setting. However, things still might go horribly wrong during the mother's pregnancy or during childbirth. Some of the typical problems that might occur include unusual bleeding to the mother, diabetes, prolonged labor that injured the mother and baby, or a delivery that was unusually complicated. It must be established that the attending physician failed to use proper care, leading to the injury. A Medical malpractice expert witness with the proper background will add validity to the claim.
Both nurses and physicians are provided with a professional “code of ethics”. These codes are meant to provide professional guidance at all times, but most importantly at times of extreme moral dilemma. The physician’s code of ethics lists several steps in helping to guide the physician in acting as the patients advocate; the patient has the right to make their own decision, professional courtesy, continuous healthcare, and the right to receive adequate healthcare despite the inability to pay (Pierce & Randels, 2010). Within the nursing code of ethics this principle of patient advocacy is also emphasized. Other important provisions include: practicing with compassion that respects the inherent dignity of all persons, collaborating with other
Introduction The nursing and healthcare profession is faced with increasing ethical and legal challenges in daily practices. Nurses are the primary line to care for patient. They are personally accountable for actions and omissions in their professional practice and must always be able to justify their decisions. Nurses are part of society, their practices still regulated by law.
Medical Negligence is one of a civil action that take against medical professionals by the injured party. In brief, medical negligence is a medical malpractice that by act carried out or omission by a medical practitioner or health care provider in which the treatment provided is below reasonable or required standard of care or practice in the boundary of medical professional and caused harm or injury to the victim. As a doctor or medical professional whom specialize in a medical skills and knowledge are bound to exercise their duty in a professional way. Therefore, they are bounded to carry out higher level or standard of duty of care towards their patients. Failure to do so might be charge under medical negligence.