Legal ethics in relation to a nursing profession?
357811
Not sure what you are referring to. HIPPA? Duty to act? There are lots of areas that have legal ramifications in nursing care.
404248
This is a really tough question. To answer it, it may be helpful to understand the express differences between the legal system and lawyers.\n\nThe legal system is well thought-out, well-designed, time-tested, and does its best to protect the innocent.\n\nLawyers, however, are posed with a very difficult question when they are in law school: Should a lawyer's ultimate loyalty be to justice or to the client?\n\nMost people would like to say the answer is "justice" but, technically, that is incorrect. Law students are instructed to serve justice, but are also instructed that their primary concern is the client. Their loyalty, even over justice, is to the client. This makes more sense that one would think: Clients couldn't expect to get competent service from a lawyer if the lawyer's ultimate loyalty was to justice and not the client. If the client was guilty, the lawyer would end up serving justice and not the client, and the client would lose their case no matter what. However, everyone is entitled to a fair trial and competent counsel under the Constitution. The only way for this to happen is if the lawyer's loyalty goes to the client no matter what, guilty or innocent.\n\nTo keep lawyers from going too far, though, all law students must take 2 courses and an exam (separate from the bar exam) on Professional Responsibility. In the course they are subject to learning a 2-inch-thick book of ABA Approved Professional Rules of Conduct to keep lawyers from manipulating the law in an unjust and dishonest way, while still maintaining ultimate loyalty to their client.
245410
She's a consenting adult ...Is this nurse in training YOU?
1149828
I know that there are some very dedicated nurses out there that would do anything to perform with the highest standard.  And certainly I do not wish to compare them to those in customer service, etc.  However, the disrespect, non-compassion performance of most individuals today, is immeasurable.  Our morals, I am sure, are being highly tested.  There are those now coming up with the highest of educations, but clearly lack the compassion that is so desperately needed.  There are good people out there that want to do the right thing, however, the percentage is being measured now just in our daily contacts - and guess what, it is not a pretty picture.  It is a moral issue to do or not to do for mankind.  But I basically think that is what it comes down to.  Whether it is in the nursing area, banking area, you name it.  Sadly, we are failing to meet that which means a better world.  I hope this doesn't sound trite to you, but unfortunately, it is happening.
951081
You will probably need to specialize on something. Ethics seems to be a field that is getting a lot of attention lately and lots of corporations, hospitals and organizations are hiring Ethics officers to oversee their policies.
518725
It's not ethical.\n\nCurrent medical ethics guidelines require explicit written consent to perform a pelvic exam under general anesthesia. I also don't know any nurses or resident physicians that wouldn't immediatly turn in an attending physician for pulling a stunt like that. In fact, my med school class was specifically told to immediately report any such activity to the department chief. \n\nTo be fair, it is sometimes medically necessary to perform a pelvic exam under anesthesia, but in all cases this will be discussed with the patient and written consent must be obtained beforehand.\n\nUnfortunately, in the old days "practice" pelvic exams did indeed happen. The reason is that when a person is under general anesthesia their muscles are completely relaxed, and it's much easier to palpate the ovaries and uterus. This was once seen as a way to teach young physicians or medical students how to properly perform a pelvic exam. I'm not sure how widespread this practice ever was, but it definitely did happen. Fortunately, with the push for improved patient's rights and autonomy over the past 20 years, this practice has been abandoned.\n\nPart of the HIPAA act guarantees you the right to a copy of your medical records. Further, if you can prove this happened you can definitely sue (and win). The problem is that no physician is going to document something like this in your medical record.  \n\nYou might start by getting a copy of your records and talking with your doctor. If you aren't satisfied with the response, most hospitals have a patient's advocate with whom you can file a formal complaint. These people often do a good job of investigating complaints and may help resolve the problem. \n\nYou should also be aware that the hospital keeps a detailed log of all personnel who where in the OR that day, so it's always possible to track down anyone who might have seen anything happen. If you reach the stage of dealing with a patient's advocate, you should definitely ask whether they have spoken to the other people present in the OR that day. \n\nIf all else fails, you can always hire an attourney.
1100716
Do you have a specific model? Or is it just an overview? Check out books by Roper, Logan and Tierney, they're quite good. Also book " Best nursing practice" i can't remember author but she gives a very good demonstration of care planning, implementation and evaluation. I bought it but i don't have it at the moment (Only partly moved into new home)\n\nNMC should be able to help you (Check out their literature for nurses, starting with the Code Of Practice, then ask RCN because they  can provide information. If you go to nursing standard online (You'll need to register but it's free) and enter what you wriote in your question, their search engine will come back with lots of articles you will find sueful for your essay.\n\nGood luck!
131424
If you are a nurse, I would think it would be hard to prove that the patient was in his right mind.  When my husband had his heart surgery, he said and did things that were totaly out of his character, all drug induced.  I mean there are several things to consider, was it intentional, were there drugs involved,etc.  I hope you find a lawyer  that will take your case, but your insurance will probably be a better and cheaper way to go.  Good Luck
1153536
A doctor cannot legally breach confidentiality unless required to do so by law- e.g if you commit a criminal offence and it goes into court, the doctor may be required to provide evidence as to your mental state at the time of committing the crime.\nIt depends on your perception of confidentiality. Information may be shared between the various disciplines involved in your care- for example nurses, social workers etc. but they are also bound by the same rules. \nI work in care for learning Difficulties and am bound by the same rules. I never even discuss confidential issues with my partner, who is also in nursing, and she never discusses her clients with me.\nIf you do not feel able to talk to your doctor (which would be the right approach for most people, but you have the choice) then there are other agencies available to you, such as Samaritans, who can put you in touch with counselling services in your home area.\nPlease bear in mind that however bad you feel there is usually an answer somewhere, and the fact that you are acknowledging the feelings and want to do something about them is very positive.\nKeep your head high.\n\nBest Wishes, and Good Luck.\n\nTony
165157
Sounds questionable in terms of legal and certainly not ethical.  I would discuss it with him and it that doesn't work then discuss it with the American Bar Association.
244978
Duty of care is the legal obligation of a health care professional (doctor, nurse, etc.) to treat a patient.  A nurse is expected to provide care for all patients in their facility within the guidelines of their scope of practice as set forth by their state board of nursing.  That means, for example, that a nurse can not refuse to care for a patient just because that patient has an infectious disease, or because the nurse doesn't agree with their religious beliefs, sexual orientation, or whatever. It also means that a nurse can not exceed their scope of practice (such as by performing procedures that only a doctor can legally perform).
929459
http://rds.yahoo.com/_ylt=A0geuo14.ExF6ywAbDJXNyoA;_ylu=X3oDMTB2c2Zzc202BGNvbG8DZQRsA1dTMQRwb3MDMwRzZWMDc3IEdnRpZAM-/SIG=12hs7d6s4/EXP=1162758648/**http%3a//www.llu.edu/llu/nursing/llnurse/fall01/afewnurses.html
201528
You have a legal responsibility to act with the standard of care similar to an average professional nurse of similar experience and education.\n\nIf you think you acted improperly, speak to your supervisor and to the legal department of your employer.  Your professional nursing association may also have resources to help.\n\nAnd yes, you should carrt professional liability insurance - occurrence rather than claims-made if it is available.
447264
The adverserial legal system is governed by rules of conduct and engagement imposed on both parties. In that sense it is ethical as it provides a structure for "fair play". However, a lawyer's job is to win a case hor his/her client. Taking advantage of loopholes in the law is one way to beat the otherside. In some cases, this may not be ethical. Nevertheless, the legal process that we have provides the best way to redress a wrong since a party that feels its claim was not handled well/fairly within the scope of the law, can in some cases seek further action through the appelate courts. This is as good as it gets folks! The alternative would be Hamurarbbi's Sheria/Law, where justice is meted out in the form of chopping off body parts.
159869
Sweety, pardon my ignorance but is the USMLE a medical student test or something? Since no one else has answered your question, I'm going to have to apply my legal knowledge as I see it. I'm an ex-cop, not a lawyer but I can tell you that if it is illegal, the truth is, that they probably won't do much about it since the internet is so vast, it's nearly impossible to find all of the sites which post the information. In my view, unethical; yes, illegal; not sure but I'll try to find out, stopping it; no way. I personally like to pass test on my own intelligence but some people just don't care how they do it. It's damned wrong! But, internet policing is not so easy. =) email me with the exact name of the test so I can do some research. rilti8@sbcglobal.net.
430473
Ethics and the law have everything and nothing to do with one another. Should one act "ethically"? Yes, they should, regardless of the law. Unfortunately, there are many who do not, and many who do not even know what ethics are. Laws were put into place to ensure that people act ethically, and said laws attempt to define specific parameters with regard to what is, and what is not ethical. Therein lies the rub. Some actions can be unethical, yet cannot be defined within the specific parameters of "the law". \nEnter the defense lawyer. What makes a defense lawyer good? A good defense lawyer is able to find the loopholes of the law, and defend an alleged criminal,s actions. The argument of such lawyers, is that argument which beckons the jury to understand that an individual cannot be penalized for acting unethically if he/she has not done anything "against the law".\nEnter the plaintiff's lawyer. If someone is the victim of another's actions, and that person's actions cannot be defined as "illegal", then there are still methods to make sure that the offender pays for his/her actions.\nIt's quite sad that people cannot act ethically for the sake of doing so. For whatever reason, they choose to ignore ethics and/or the law, and act in ways that inflict damage on others. The reason to act ethically besides the consequences of breaking the law is to avoid victimizing another, plain and simple. One's decision to avoid victimizing another should be one's desire to have a clear conscience.
864499
The practice of law is the profession of giving legal advice, and acting as a representive of your client. As noted above, that goal is different than the ethical rules which govern such practice.\n\nAs others have commented, there are specific rules that govern the conduct of attorneys. While the details vary by state, most are pretty similar, and demand honesty with the client and the court, fairness, confidentiality, loyalty, integrity, and avoiding conflicts of interest or self-serving actions. \n\nSadly, there are many attorneys who violate those codes of ethics, either occasionally by being enthusiastic, or deliberately cheating as a means of gaining a tactical advantage. And those who do hurt the reputation of the profession for everyone else.