SCHOOL OF NURSING SCIENCE AND RESARCH
SHARDA UNIVERSITY
TOPIC
LEGAL AND ETHICAL ISSUES
PREPARED BY-
BHAWNA JOSHI
M.SC NURSING 1ST YEAR
SNSR
Legal and ethical aspect in Midwifery
Law….. ‘’THE SUM TOTAL OF RULES AND
REGULATIONS BY WHICH THE SOCIETY IS
GOVERNED.’’
INTRODUCTION
Laws and ethics are often seen as complimentary to each other , but
at same time they are also seen as opposite sides of a coin. Midwives
must follow standard and regulations that range from the national
level to the individual area of practice, such as hospital, labor and
delivery unit.
ETHICAL SYSTEM
Ethics are the rules or principles that govern right conduct and are
designed to protect the rights of human beings..
- Sister Nancy
Code of ethics is a guideline for performance and standards
And personal responsibility.
-Lillie M S and Juanita Lee
ICN CODE OF ETHICS
1. Nurses and people
The nurses provides care, values customs and spiritual
beliefs of the individual are respected
Keeps information confidential
2. Nurses and practice
The nurse when acting in a professional capacity should at all
times maintain standards of personal conduct which reflect
created upon the profession & practice properly.
3. Nurses and Society
Nurse is also responsible for providing care keeping in mind
needs of the society .
4. Nurses and Co-workers
5.Communication and interpersonal relationships
6.Valuing human being
7. Management
LEGAL SYSTEM
Meaning of Legal –
Established by or founded upon law or official or accepted rules .
Definition of law –
The law us a system of rights and obligations which the state
enforces.
Green
NEED FOR NURSING ETHICS
Helps the students/ RN to practice ethically .
Helps the nurse to identify the ethical issues in her work place .
Protecting patients right and dignity.
Providing care with possible risk to the nurses health .
Staffing patterns that limit the patients access to nursing care .
Ethical reasoning Helps the nurse to respond to ethical conflicts .
Helps to differentiate right /wrong behavior .
Guide for a professional behavior .
Help teachers plan education.
Prevent below standard practice.
CODE OF PROFESSIONAL CONDUCT
(FOR NURSES IN INDIA)
Professional responsibility and accountability .
Nursing Practice .
Communication and interpersonal relationships .
Valuing human being .
Management.
ROLES AND FUNCTIONS OF
ADMINISTRATOR IN ETHICAL ISSUES
He or she is self aware regarding own values and basic beliefs
about the rights, duties and goals of human beings.
Accepts that some ambiguity and uncertainty be a part of all
ethical decision-making .
Accepts that negative outcomes occur in ethical decision
making despite high quality problem solving and decision-
making.
Demonstrates risk taking in ethical decision making.
Role models ethical decision-making which are congruent with
the code of ethics and inter respective statements.
Actively advocates for clients, subordinates and the profession
Clearly communicates expected ethical standards of behavior.
Uses a systematic approach to problem-solving or decision making
when faced with management problems with ethical ramifications.
MEANING OF LEGAL ISSUES
Law is standard or rules of conduct established & enforced by
government.
Legal issues in nursing are those in which a person lead to face legal
problems in which nurse face problem when not meeting proper patient
care.
ROLE AND FUNCTIONS OF NURSE MANAGER IN
LEGAL ISSUES
Serves as a role model by providing nursing care that meets or exceeds accepted
standards of care.
Reports substandard nursing care to appropriate authorities.
Practices nursing within the area of individual competence.
Prioritizes patients right and welfare first in decision making.
Delegates to subordinates wisely, looking at the managers scope of practice and
that of those they supervise
MEDICO LEGAL ISSUES
1 DUTY TO SEEK MEDICAL CARE FOR THE PATIENT.
It is the legal duty of the nurse to ensure that every patient
receives safe and competent care.
If a nurse determine that a patient in any setting needs medical
care, and she does not do everything within power to obtain that
care for the patient, you have breached your duty as a nurse.
2 CONFIDENTIALITY
The law requires you to treat all such information with strict
confidentiality. This is also an ethical issue. Unless a patient has
told something that indicates danger to self or others, you are
bound by legal and ethical principles to keep that information
confidential .
3. PERMISSION TO TREAT
When people are admitted to hospitals, nursing homes, and
home health services, they sign a document that gives the
personnel in the organization permission to treat them.
4. INFORMED CONSENT
5. NEGLIGENCE
Negligence occurs when a person fails to perform according to the
standards of care or as a reasonably prudent person would perform in
the same situation. It is the responsibility of the nurse to monitor the
patient.
6. MALPRACTICE
Malpractice specifically refers to negligence by a professional person with a
license. Nurse can be sued for malpractice once have your LPN license.
7. ASSAULT & BATTERY
Assault is the threat of unlawful touching of another, the willful attempt to
harm someone.
Battery is the unlawful touching of another without consent, justification, or
exercise. In legal medicine battery occurs if a medical or surgical procedure
is performed without patient consent.
Assault can be verbally threatening a patient.
8. FALSE IMPRISONMENT
Preventing movement or making a person stay in a place
without obtaining consent is false imprisonment.
This can be done through physical or non physical means.
Physical means include using restraints or locking a person
in a room.
In some situations, restraints and locking patients in a
room are acceptable behaviour. This is the case when a
prisoner comes to the hospital for treatment or when a
patient is a danger to self or others.
9. 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.
Clients are entitled to confidential health care. All
aspects of care should be free from unwanted publicity
or exposure to public scrutiny. The precaution should be
taken sometimes an individual right to privacy may
conflict with public‘s right to information for e.g. in
case of poison case.
10. REPORT IT / TORT IT
Allegations of abuse are serious matters.
It is the duty of the nurse to report to the proper
authority when any allegations are made in regards to
abuse (emotional, sexual, physical, and mental)
towards a vulnerable population (children, elderly, or
domestic).
If no report is made, the nurse is liable for
negligence or wrongdoing towards the victimized
patient.
SUMMARY
Certain issues lead to decreased standardization
like patient care issue, management &employment
issues. Issues need deliberations and common
consensus. They need to be reviewed periodically.
Issues which seem not feasible, and ideal, may
become practice with the change of time.
CONCLUSION
Nurses play an integral role in the healthcare system. This is
why they have been correctly referred to as the heart of
healthcare. Being a nurse is one of the most demanding
professions in the world and needs a lot of dedication and
commitment to the job. Nurses have to juggle various roles.
It is a nurse’s professional responsibility to remain safe and
competent by being a lifelong learner and provide effective
care to patient to avoid medicolegal issues, employment
issue can be avoided by proper recruitment system, staffing
& keeping adequate salary.
