The General Medical Council (GMC) is a statutory body responsible for protecting the public by maintaining a register of physicians licensed to practice and at the same time monitoring complaints about physicians. There are fourteen key concepts that describe the ethical standards and responsibilities expected of a physician. The GMC has also issued guidance on specific areas such as consent, confidentiality and retention or revocation treatment.vi These guidelines are not mandatory but are recognized by law and, in W v. Egdell, the court referred to the GMC`s guidelines on confidentiality.vii The British Medical Association (BMA) is the national association of practicing physicians. with its own Medical Ethics Unit, which deals with individual ethical issues of doctors and nurses and provides guidelines on ethical issues. GMC and BMA jointly provide guidance to nurses and other practitioners to support ethical decisions, but it should be noted that these decisions are highly personalized, patient and situational dependent, and are often subjective and therefore cannot be fully addressed by these guidelines. Rule 7: The nurse promotes the profession in all roles and situations through research and scientific research, the development of professional standards, and the development of nursing and health policies. Misconduct has four elements that the plaintiff must prove in order to claim damages. Certified Legal Nurse Consultant (NCCL): This is a registered nurse who uses her nursing experience and medical expertise combined with specialized legal training and comprehensive verification and certification to help lawyers research and develop medical-related cases. In addition to legal considerations, there are also ethical guidelines for care. Some of the most common legal issues affecting nursing care and practice are those related to informed consent and refusal of treatment described above, licensing, protection of clients` personal belongings and valuables, malpractice, negligence, mandatory reporting of gunshot wounds, dog bites, abuse and unsafe practices. Like what. Informed consent, documentation, acceptance of an order, training of employees and customers on legal matters, and strict compliance with and compliance with all national, state and local laws and regulations.
Like what; Making a medication error by administering the wrong medication, failing to notify the provider, failing to communicate, or forgetting to record the patient`s condition. In such scenarios, a nurse may be held liable for allegations of malpractice. The most common reaction to a perceived violation of ethical standards in health care is negligence and medical malpractice, which are the act, omission or commitment of the nurse or physician.xx It requires four elements: duty, a legal duty to the patient – Nurses must provide the appropriate level of care provided by other nurses in this area of practice. Second, a breach of this obligation by failing to meet the required standard. Third, causation, which is a factual link between the nurse`s action and the harm suffered by the patient. Finally, damages, which are a monetary payment intended to compensate the patient for the damage. xxi The patient must have sustained physical, economic or emotional injuries. The dereliction of duty test refers to the reasonable judgments of «responsible medical reports» when persons with special abilities or skills are judged to a higher standard for that profession and not to the standard for ordinary persons.xxii The standard of care is also higher for professionals and, although the primary duty rests with the physician, Nurses may also be held liable if they act on the instructions of their employer.xxiii The nurse, even if supervised, must exercise her own abilities and abilities as expected of a nurse of the same level and experience.xxiv Autonomy and therefore consent can be both legally and ethically «effective», depending on the patient`s context and circumstances. From a health care perspective, autonomy may or may not be practical to exclude liability from litigation and avoid ethical criticism that is weighed against the patient`s best interests.xxxv It may also be that the patient does not have the necessary decision-making capacity, in which case caregivers may treat the patient without consent. This is generally based on the principle of necessity, and the circumstances in which it is permitted are limited.xxxvi It must be shown that it is necessary to treat the patient and, moreover, the need to act was associated with the practical impossibility of communicating with the patient, and the action taken was that which a reasonable person would take in the same circumstances, whether it acted in the best interests of the patient. xxxvii In addition, if the caregiver acts out of necessity, he must prove that he did not do more than was immediately necessary and in the best interest of the patient.xxxviii The question of what is immediately necessary, what is not taken further action and which violates the patient`s autonomy is not regulated by law and remains an ethical dilemma in nursing practice.
The plaintiff`s claim seeks damages or compensation from a defendant who allegedly caused the injury. The application shall set out the legal and factual grounds on which the plaintiff considers that the defendant is responsible for his offence. Negligence is a «general term for uncared conduct, negligence and a deviation from the standard of care that a reasonable person would apply in certain circumstances.» [1] Professional misconduct is a more specific term that refers to both a standard of care and the professional status of the caregiver. [2] Nursing students, nurses and other members of the health care team should exercise extreme caution when posting on Facebook, Instagram, Twitter, Snapchat and other social media sites. Information about patients, patient care and/or health authorities should never be posted on social media. Members of the health care team who violate this policy may lose their jobs and face legal action, and students may be sanctioned or excluded from their program of care. Keep in mind that even if you plan to post in a private group, the information can become public. Legal and ethical issues are prevalent in health care, especially in nursing practice where caregivers have one-on-one contact with patients on a daily basis. Ethical issues range from organ donation to genetic engineering, assisted suicide, denial of treatment in end-of-life care or simple procedures requiring consent.
Many nurses have no formal training in legal and ethical issues and are therefore often not qualified to answer these questions when they arise in the medical setting.xxxix While there are legal, ethical, and professional guidelines that dictate the behavior of professionals, this requires on-the-job training and the ability to be aware of the risks of making a personal decision about a patient. Nurses need to be guided in learning ethics in their profession to ensure mistakes do not occur. Because nurses have daily contact with patients in dynamic environments, ethical issues vary depending on patient profiles, developments in medical technology, and healthcare specialties. Awareness of ethical issues involves rational reflection on the actions to be taken in certain scenarios and adherence to the principles that guide this behavior. Nurses are influenced by professional, personal, cultural, social and political factors. The core responsibility of all physicians remains constant to promote health, act in the best interests of the patient, prevent disease, eliminate suffering, and extend services beyond the individual to their families and communities. Other aspects of administrative law deal with nursing practice, licensing, delegation, continuing education, chemical dependence abuse and other standards related to nursing practice. The standard of care is defined as «acts done or omitted by an ordinary prudent person.» This is a measure with which the nurse`s behavior is compared. Each State may set specific standards set out in the rules. Examples of standards include: Discovery Law and Legal definitions, www.definitions.uslegal.com Accessed 13.07.2013 Power of Attorney for Drugs or Health Care (POA): A medical power of attorney is a legal document that designates a person – called a health representative or substitute decision-maker – to make decisions if a patient is unable to do so. However, it is different from a power of attorney that authorizes someone to make financial transactions for the patient.
Because a living will cannot cover every possible situation, a patient may also want a medical power of attorney to appoint someone as a health worker.