Professional Documents
Culture Documents
Legal and Ethical Issues
Legal and Ethical Issues
ISSUES
SOURCES OF LAW
• STATUTORY LAW
• COMMON LAW
• ADMINISTRATIVE
LAW
STATUTORY LAW
• CREATED BY VARIOUS LEGISLATIVE
BODIES SUCH AS STATE
LEGISLATURES OR THE CONGRESS
COMMON LAW
• DEVELOPED WITHIN THE COURT
SYSTEM AS JUDICIAL DECISIONS ARE
MADE IN VARIOUS CASES AND
PRECEDENTS FOR FUTURE CASES
ARE SET
ADMINISTRATIVE LAW
• ESTABLISHED THROUGH THE
AUTHORITY GIVEN TO A
GOVERNMENT AGENCY BY A
LEGISLATIVE BODY, SUCH AS THE
STATE BOARD OF NURSING
TYPES OF LAW
• CRIMINAL LAW
• CIVIL LAW
CRMINIAL LAW
• DEVELOPED TO PROTECT SOCIETY
• THERE ARE THREE (3) CATEGORIES:
(1) FELONY (most serious! Includes
violating the Nurse Practice Act)
• (2) MISDEMEANOR (lesser offenses,
such as a traffic violation)
• (3) JUVENILE (crimes committed by those
under the age of eighteen)
• A NURSE MAY BREAK
A CRMINIAL LAW AND
BE TRIED IN CRMINAL
COURT!!!!!!!!!!!!
• EXAMPLES: ILLEGALLY
DISTRIBUTING
CONTROLED
SUBSTANCES OR
ALTERING A PATIENT’S
RECORD
CIVIL LAW
• LAW THAT IS ADMINISTERED
BETWEEN CITIZEN AND CITIZEN
• USUALLY INVOLVE THE VIOLATION OF
ONE INDIVIDUAL’S RIGHTS BY
ANOTHER INDIVIDUAL
• TORT IS A TYPE OF CIVIL LAW
TORT
• A CIVIL/LEGAL WRONG COMMITTED
AGAINST A PERSON OR PROPERTY
AND IS PUNISHABLE BY DAMAGES
(monetary) NOT IMPRISONMENT
• NEGLIGENCE IS A TYPE OF TORT
(Malpractice is the term for professional
negligence!)
FOUR LEGAL ELEMENTS OF
NEGLIGENCE
• (1) DUTY
• (2) BREACH OF DUTY
• (3) CAUSATION
• (4) HARM
ALL FOUR OF THESE
COMPONENTS MUST
BE INVOLVED TO
PROVE NEGLIGENCE!!
WHAT IS THE NURSE PRACTICE
ACT???????
• THE NURSE PRACTICE ACT IS THE
LAW!
• THE ADMINISTRATIVE RULES ARE
HOW THE BOARD OF NURSING
ENFORCES THE LAW
• KNOW YOUR PRACTICE ACT AND
RULES IN ANY STATE THAT YOU ARE
LICENSED AND PRACTICING NURSING
APPLICATION OF THE NURSE
PRACTICE ACT
• SEXUAL HARASSMENT
• WORKPLACE VIOLENCE
• END OF LIFE DECISIONS
• ADVANCED DIRECTIVES
• CONFIDENTIALITY
• INFORMED CONSENT
• MALPRACTICE ISSUES
• WHISTLEBLOWER
PROTECTION
• ORGAN DONATION
• ABANDONMENT
SEXUAL HARASSMENT
• LAWS THAT PROHIBIT
DISCRIMINATION IN THE WORKPLACE
ARE BASED ON THE FIFTH AND
FOURTEENTH AMENDMENTS TO THE
CONSTITUTION!
• TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
IDENTIFIED TWO FORMS OF SEXUAL
HARASSMENT
• (1) QUID PRO QUO (sexual favors are given in
exchange for job security/benefits)
• (2) HOSTILE ENVIRONMENT (harassment is
based on gender and creates an offensive
workplace causing the employee not to be able
to effectively discharge the responsibilities of the
job)
IF THE NURSE IS A VICTIM OF
SEXUAL HARASSMENT
• THE ANA SUGGESTS FOUR TACTICS:
• (1) CONFRONT THE HARASSER
• (2) REPORT TO THE SUPERVISOR (file
a formal complaint)
• (3) DOCUMENT THE INCIDENT (name
any witnesses)
• (4) SEEK SUPPORT FROM
FRIENDS,FAMILY, AND
ORGANIZATIONS (such as the ANA)
• NURSES WHO ENGAGE IN SEXUAL
HARASSMENT OF OTHERS ARE
GUILTY OF INTENTIONAL TORTS AND
CIVIL RIGHTS CLAIMS. THEY ARE
GUILTY OF INTENTIONAL INFLICTION
OF EMOTIONAL DISTRESS. FURTHER,
THEY HAVE VIOLATED THE NURSE
PRACTICE ACT!!!!!!!!!!!!!
SEXUAL HARASSMENT
• DO NOT DISMISS
ANY SEXUAL
HARASSMENT AS
“JUST HAVING FUN”!
• A RESPONSE LIKE
THIS CAN HAVE
SERIOUS
CONSEQUENCES!!!!
VIOLENCE IN THE WORKPLACE
• NURSES HAVE BEEN IDENTIFIED AS A
GROUP AT RISK FOR VIOLENCE FROM
PATIENTS, FAMILY MEMBERS, AND
OTHER STAFF MEMBERS
VIOLENCE IN THE WORKPLACE
MAY INCLUDE THE FOLLOWING:
• TO BE GUILTY OF
ABANDONMENT IS A
VIOLATION OF THE
NURSE PRACTICE
ACT!!!!
ETHICAL PRINCIPLES
• AUTONOMY
• BENEFICENCE
• NONMALEFICENCE
• VERACITY
• JUSTICE
• PATERNALISM
• FIDELITY
• CONFIDENTIALITY
• ACCOUNTABILITY
CODE OF ETHICS
• A FORMAL STATEMENT OF THE RULES
OF ETHICAL BEHAVIOR FOR A
PARTICULAR GROUP OF
INNDIVIDUALS.
NURSING CODE OF ETHICS
• PROVIDES VALUES,
STANDARDS, AND
PRINCIPLES TO HELP
NURSING FUNCTION
AS A PROFESSION
• THE ORIGINAL CODE
WAS DEVELOPED IN
1985 BY THE ANA
BOARD OF DIRECTORS
AND THE CONGRESS
ON NURSING
PRACTICE
PATIENT’S RIGHTS
• IN 1973, THE AMERICAN HOSPITAL
ASSOCIATION PUBLISHED A
STATEMENT KNOWN AS THE
“PATIENT’S BILL OF RIGHTS”
• IT IS NOW KNOWN AS “YOUR RIGHTS
AS A HOSPITAL PATIENT”
***DERIVED FROM THE ETHICAL
PRINCIPLE OF AUTONOMY
“YOUR RIGHTS AS A HOSPITAL
PATIENT”
• THIS DOCUMENT
REFLECTS THE
ACKNOWLEDG-
MENT OF THE
PATIENT’S RIGHT TO
ACTIVELY PARTICIPATE
IN HIS/HER HEALTH
CARE AND TO
COMMUNICATE
OPENLY WITH THE
HEALTH CARE TEAM
CURRENT ETHICAL ISSUES
• STEM CELL RESEARCH
• EUTHANASIA
• SURROGATE MOTHERHOOD
• PHYSICIAN-ASSISTED SUICIDE
• END OF LIFE CARE
• GENETIC SCREENING
• HEALTH CARE RATIONING
POLITICAL ACTION IN NURSING
• NURSES MUST REALIZE THAT
INVOLVEMENT IN THE POLITICAL
PROCESS IS A NECESSITY IF THEY
ARE TO CARRY OUT THEIR MISSION ---
PROVIDING QUALITY PATIENT CARE!!!!
PROFESSIONAL
ORGANIZATIONS