Legal and Professional Issues in Nursing

Running head: LEGAL AND PROFESSIONAL ISSUES IN NURSING
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Legal and professional issues in nursing
Student’s name
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Introduction
Health professionals are focused on collaborating and promoting the wellbeing of the
patients (Flo et al,2016). The collaboration involves a wide scope of health practitioners, or inter-
professional with multiple members of the healthcare professionals in delivering quality
healthcare across or within a setting. Legal and professional considerations should be understood
by the nurses to assist them in recognizing instances of the needs of the patients while making
decisions (Matt, 2012).
The legal issues have a key role in health decision making. For instance, the legal right
allows the patient to make individual health care decisions (Andrew et al, 2014). Although
unsuitable healthcare might jeopardize the ability of these patients to excising their legal rights,
proper planning, and thinking critically is essential in safeguarding the rights of the patients.
Certain illnesses or conditions can result in confusion and weaknesses, which creates difficulties
and could lead to unconsciousness (Aliakbari, Hammad, Bahrami & Aein, 2015). Making
personal health wishes known, and carrying out individual affairs can be difficult for individuals
to a certain category of age. However, adults of any age can protect their own lives and those of
their siblings from getting out of control.
The advanced directives of healthcare should reflect a discussion between the patients and
individuals who are close to the patient. The directives should incorporate the preferences
discussed. However, the directives might differ from one state to another, but approximately, 50
states allow the wishes of the patient concerning their decision in medication (Smith, Klaassen,
Zimmerman & Cheng, 2013). For example, several states in the United States allow the patient
to appoint individuals who can communicate on their behalf in case they are incapacitated.

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The implications of legal issues of nursing operations are linked to federal licensure, state
law, public expectations require every nurse to practice a high professional level. The set
standards, health institutions, and licensing bodies offer a directive framework that every nurse is
expected to practice. Failure to adhere to the set standards can get a nurse exposed to litigation if
he or she fails to meet the accepted competence and standards (Leufer & Cleary-Holdforth,
2013).
Barry & Hardiker (2012) suggest that litigation can be applied based on failure to exercise the
acceptable standards of healthcare, professional negligence, and malpractice. The act of
commission and omission can as well contribute to the review of license and litigation, thus
resulting in loss of nurse’s license or reprimand. Medical intervention should, therefore, be
provided in the interest of the patient. The main objective of this essay is to identify and discuss
the three legal issues in the health case study of Ally’s medical intervention at Lakewood Drive
Medical Centre. These legal issues include the legal issue of duty, legal issue of social media,
and the age consent as discussed below.
The legal issue of duty
The legal issue of duty is one of the easiest aspects to prove for registered nurses who practice in
hospital set-ups. Under the common laws principle, wrong act of 1958, the nurses must conduct
their duties reasonably to prevent the patients from foreseeable damages. A registered nurse can
therefore, be charged due to recklessness. All that is required is to prove the existence of a
relationship between the patient and health professionals at the period of medical interventions
(Kumar, Gokhale & Mathur, 2013). This kind of link exists merely when the patient is on the
unit regardless of whether the patient is assigned with one or more nurses. Bleaching of duties

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can be regarded as a failure in adhering to the health standards set by the nursing professionals.
Evidence of bleaching duty can be presented to a jury that includes circumstantial proves and
testimonies by the patient. The legal laws that can be applied in such instances are when the
defendant is responsible for the injuries that occurred due to the negligence of duties.
The healthcare standards have been established to protect the patients from substandard
caring (Rai, Acharya & Dave, 2013). The legal issue of duty has been designed in a manner that
ensures reasonable and ordinary care is adhered to protect the client from any damage. One of
the negligence experienced in the case of Ally is the failure in accessing, monitoring, and
ignoring to communicate. Sharon had realized that the observations for Ally were behind
schedule. She immediately took her pulse and noted that it was slightly tachycardic. The level of
Ally’s pulse was 108, and some tachypnoea were as well noted, but Sharon could not chart the
observations. Ally’s abdominal pain had increased to 7/10, and the blood pressure had also
decreased to 90/50 when compared with the period of admission. Ally had also indicated that she
had a slight light-headed, but Sharon ignored and suggested that it could be a result of bowel
preparation and fasting.
Sharon failed to realize that the health conditions of the patient could be sudden or
gradual, and as a nurse, she should be the first person to identify them and communicate.
According to (Peirce& Smith, 2013), the accuracy of a nurse in monitoring and accessing and
communicating the health changes of a patient can make a big difference between his or her
death and life. The key elements of communication include observing and reporting the health
transformations to the relevant physician.
Secondly, Sharon failed to document the observed health changes of Ally. Nykanen,
Kaipio & Kuusisto (2012) documentation serves a key purpose in communicating the patient’s