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The nursing profession plays a crucial role in (a) easing pain and suffering, and (b) safeguarding and improving the health of individuals, families, and communities. To excel as a nurse, one must uphold exemplary standards of care and adhere to a strict ethical code. Adhering to ethical values and legal mandates is essential for maintaining patient trust, ensuring safety and dignity, minimizing risks, and avoiding potential legal issues. Thus,understanding the ethical foundations and legal responsibilities of nursing is of utmost importance.
I.Ethical Foundations:
The term ‘Ethics’ stems from the Greek word ‘Ethos’, meaning customs or guiding principles. Ethical principles in nursing are central to decision-making and guide nurses in providing optimal care, assisting patients in making informed choices, and upholding professional integrity.
1. Autonomy: Honoring the patient’s right to make their own healthcare decisions. Nurses are responsible for offering detailed and accurate information about treatments, empowering patients to make choices aligned with their preferences.
2.Beneficence: Acting in the best interests of patients. This involves providing care that fosters health and emotional well-being, ensuring the benefits of interventions outweigh the risks.
3. Non-Maleficence: This principle emphasizes avoiding harm. Nurses must prevent harm through actions and omissions by following evidence-based practices and mitigating potential risks.
4.Justice: Fair treatment and equitable access to healthcare are central to this principle. Nurses should champion fair healthcare policies and strive to eliminate bias in decision-making.
5.Confidentiality: Respecting the privacy of patients by safeguarding sensitive health information across conversations, records, and digital platforms.
6.Fidelity: Demonstrating reliability, honesty, and dedication by upholding promises, adhering to professional standards, and placing patient care above personal or institutional interests.
II.Legal Responsibilities:
The word ‘Law’ originates from the Anglo-Saxon term for that which is established or fixed. In nursing, legal frameworks exist to safeguard patients and ensure the delivery of high-quality healthcare.
1.Licensure and Professional Regulation: Nursing practice requires licensure,which is granted after meeting educational and competency standards set by regulatory bodies. Operating within the defined scope of practice is crucial for avoiding legal complications.
2.Patient Rights: Patients are entitled to specific legal protections, including informed consent, the right to decline treatment, and privacy. Nurses must respect these rights and ensure they are communicated effectively, particularly when working with vulnerable groups.
3.Accurate Documentation: Thorough documentation is a critical legal and ethical obligation. Nurses must maintain precise records of patient care to ensure continuity, support accountability, and provide evidence if legal disputes arise.
4.Negligence and Malpractice: Delivering care that adheres to established standards helps nurses avoid claims of negligence or malpractice. This requires staying informed about best practices, maintaining competencies, and obtaining informed consent for all interventions.
5.Mandatory Reporting: Nurses are obligated to report instances of abuse, neglect, or communicable diseases to the appropriate authorities. Familiarity with these legal requirements is essential for protecting patients and the public.
III.Conclusion:
As the healthcare landscape evolves, nurses must stay informed about the ethical and legal aspects of their profession. By integrating these principles into their practice, they can provide exceptional care, uphold trust in the nurse-patient relationship, and navigate their roles with confidence and integrity.
About the Author:
Ashish Anshu is an Advocate with 28 years of experience in diverse practice areas. Having started with his own practice in the year 1996 at the Patna High Court, Ashish moved on to be part of corporate law firms, Dua Associate, Advocates and Tatva Legal, Advocates. He is the Founding President of the Indian Lawyers Association, Telangana Chapter.
Ashish has been ranked by Chambers and Partners Asia-Pacific Guide consecutively for five (5) years 2019, 2020, 2021, 2022 and 2023, and by Legal 500 for the year 2021.
Ashish has been enlisted in Forbes Legal Powerlist 2021 as Top Individual Lawyer (Above 10 years’ experience) for Real Estate and Construction.
Ashish presently is a ‘Legal Volunteer’ at the Art of Living International Centre, Bangalore.