INTRODUCTION Nursing is a nursing profession that has its relevance and direct impact on the lives, health and well-being of individuals, families and communities. It is therefore important to regulate the practice of nursing to ensure that standards are met to ensure safe practice. Nursing regulation is achieved through certification and standard of practice. The practice of nursing is governed by legal terms whose knowledge helps the caregiver to make decisions and actions consistent with the principles of law, thereby protecting the caregiver from liability. An accredited online Bachelor of Science in Nursing (RN to BSN) program typically includes courses on the ethical and legal issues that arise in nursing. Since professional requirements for caregivers include a legal and moral obligation to protect patient privacy and the obligation to provide mandatory reporting, it is important that they understand the particularities of health law. This way, nurses can practice with confidence, avoid accidental damage and protect their livelihood. In summary, ethical and legal issues are much rarer in developing countries than in developed countries. This is partly because people in developing countries are less well informed about their rights and fatalistic and religious beliefs in many societies in developing countries. As people`s awareness increases, ethical and legal issues are likely to increase in developing countries as well. Fault. It is generally accepted that malpractice claims against health care workers are limited to physicians and their employers.
However, nurses can be held liable even if their actions and consequences are the result of a bona fide error. For example, administering the wrong medication or failing to note a patient`s critical status change can lead to allegations of malpractice. Since 2015, 1,665 medical malpractice payments have been made on behalf of RNs according to NDDP data, and more than half of these claims have been valued at $100,000 or more. Professional malpractice is a general term used to encompass negligence, misconduct, or breach of duty by a professional that results in harm or harm to a patient (Reising & Allen, 2007). According to Reising and Allen, common malpractice claims against nurses occur when nurses fail to assess and monitor. Follow standards of due diligence. Use devices responsibly. Communicate. Please note that there are two types of tort law, which are the law of intentional and unintentional tort. There are usually five steps in the process, namely: – A document known as a lawsuit is filed by a person called a plaintiff claiming that their legal rights have been violated by one or more people. called defendants – A written response, called a response, is provided by the defendant(s) – Both parties engage in pre-trial activities called discovery to obtain all the facts of the situation. – In the final of the case, all relevant facts are presented to a jury or judge.
– The judge makes a decision or the jury renders a verdict. If the result is unacceptable to either party, an appeal may be lodged for further proceedings. THE NURSE`S EXPECTATIONS DURING THE LIGATION If misfortune occurs and the nurse discovers herself in the middle of a legal entanglement. The first step is to share your observation with your immediate supervisor, who in turn will notify your supervisor or advise you on what to do immediately. It should be noted that you need to convey factual and accurate information to your confidant. It is also necessary to respect and comply with all institutional procedural requirements. For example, if your configuration policy requires an incident form to be completed and forwarded, please make every effort to do so. Also contact your institution`s legal department/unit, who will assign you a lawyer to guide you through the case. Discuss the case only with your supervisor, employer or legal representative. Here are some of the key legal issues nurses may face: Functions of law in nursing The Act fulfils a number of functions in nursing, namely: – Provides a framework for determining which measures of care are legal in client care – Distinguishes the responsibilities of nurses from those of other health professionals – Helps set the boundaries of independence Nursing Practice – Helps Maintain the standard of nursing practice by providing nurses within the framework of the law. Possible consequences for nurses involved in illegal activities include: privacy and HIPAA.
HIPAA, known as the Health Insurance Portability and Accountability Act, went into effect in 1996 to standardize electronic health transactions and give patients more control over their identifiable health information. As part of the nurse-patient relationship, nurses are aware of large amounts of personal data about patients` health. As described in the American Nurses Association`s Code of Ethics for Nurses, it is the responsibility of nurses to protect this information and to preserve patient privacy and confidentiality. Sharing patient information with unauthorized persons, whether through email, social media, or casual conversations, violates the non-disclosure agreement. What is public law? Public law refers to any law that deals with the relationship between individuals and government agencies. It includes constitutional law, international law, criminal law and many other regulations aimed at promoting societal goals. Failure to comply with these laws may result in criminal prosecution and sanctions. Criminal law is an important aspect of public law and deals with acts against public safety and welfare.
Examples of such measures are murder, manslaughter, robbery, arson, rape and illegal possession of controlled drugs or weapons. This implies that if you commit a crime, you have committed a crime against society. Medesha Mathuray obtained a Master of Medical Law from UKZN in South Africa in 2017.