Ethical and Legal Practice in Nursing

Overview

• Integral to nursing for ensuring patient safety, professional integrity, legal compliance, risk mitigation, accountability, and advocacy.
• Contributes to high-quality patient care.

Key Concepts

• Patient Safety and Well-being:
  • Respect for patient autonomy.
  • Maintaining confidentiality.
  • Providing care in the best interest of the patient.
• Ethical Behavior: Fundamental for trust among patients, colleagues, and the public.
• Legal Compliance:
  • Understanding and practicing according to legal regulations to avoid malpractice.

Definitions and Frameworks

• Ethics: System of moral principles guiding behavior and relationships.
  • Based on religious teachings, philosophical theories, cultural traditions, and professional standards (e.g., nursing code of ethics).
• Values: Foundation for ethical standards; personal beliefs about truth and right.
• Morals: Individual decisions about right and wrong; subjective and culturally influenced.
• Laws: Society's moral values; guidance on morality but not inherently ethical.

Interrelations

• Ethics, values, morals, and laws influence human behavior and societal norms.

Professional Nursing Values

• Altruism: Concern for the welfare of others.
• Autonomy: Patient's right to self-determination.
• Human Dignity: Inherent worth of individuals.
• Integrity: Acting according to ethical standards.
• Social Justice: Fair treatment on a macro level.

Nursing Code of Ethics

• Provides a framework for decision-making and public expectations.
• ANA Code of Ethics guides nurses' obligations and duties.

Legal Issues in Nursing

• Rights, responsibilities, and scope defined by state nurse practice acts, criminal and civil law.
• Malpractice: Breach of duty leading to harm; consists of duty, breach, causation, injury.
• Types of Law:
  • Statutory Law: Legislative statutes like nurse practice acts.
  • Administrative Law: Policies from administrative bodies.
  • Criminal Law: Harmful conduct to society.
  • Civil Law: Rights of private individuals.

Standards of Care

• Skills and learning common to the nursing profession.
• Defined by nurse practice acts, job descriptions, policies, and national standards.

Key Attributes

• Adherence to laws and ethical standards.
• Advocacy for patients and professional standards.

Antecedents and Subconcepts

• Antecedents: Societal demands, negligent acts, ethical principles.
• Subconcepts: Legal risks, accountability, advocacy.

Strategies to Minimize Professional Negligence

• Maintain patient safety through evidence-based practice and effective communication.
• Minimize medication errors by adhering to policies.
• Obtain professional liability insurance.

Outcomes

• Positive: Conflict resolution, respect for patients' rights, protection from litigation.
• Negative: Litigation, malpractice, moral distress, substandard care.

Related Concepts

• Diversity: Understanding unique patient backgrounds to provide fair care.
• Health: Improving patient well-being through ethical and legal practice.
• Clinical Judgment: Making informed decisions based on guidelines and honesty.
• Professionalism: Responsible, respectful practice adhering to ethical principles.
• Informatics: Using technology responsibly to enhance patient care while maintaining confidentiality.