Ethical and legal issues in Psychiatric Nursing

Gaurav Pratap Singh*

PhD Scholar, Asst. Professor, Keshlata College of Nursing, Keshlata Hospital Campus, Delapeer,

Bareilly, U.P.

*Corresponding Author E-mail: gauravpratap2210@gmail.com

ABSTRACT:

Ethics speaks of morality and appropriate behavior, but may not be binding on a individual. However, when it comes to medical ethics, those standards are necessary (not desirable) on the basis on which a practitioner is required to act. Country-specific laws dictate the ethical aspects of health care, which in effect are regulated by medical ethics. (Bipata R., 2019). There are few ethical principles to be followed by psychiatric nurses to safeguard themselves. Nurses should value the rights of the patients and take right intervention as well as decisions at the right time. The knowledge of the nurse related to legal issues in advanced practice and minimizing risk of litigation in psychiatric nursing is essentials.

KEYWORDS: Clinical Nursing, Mental illness, Legal Practice, Psychiatric Nurse.

INTRODUCTION:

Over recent decades the practice of clinical nursing has changed tremendously. Advances in recognizing mental illness and treatment advances, social factors, economic pressures and educated patients and families have facilitated the improvements. The concept of legal practice has also changed over time, with the clinical advancement of psychiatric treatment. Psychiatric nurses are kept responsible for working according to existing laws and guidelines. This article briefly discusses the key legal problems that currently impact the practice of clinical nursing. (Linda Funk Brown 2003)

CONCEPTS:

1. Psychiatric Nursing: A specialist field of nursing practice, using the broad variety of explanatory theories of human behavior as its science and its purposeful use of self as its art and the evaluation and treatment of human reactions to real and potential health (Amanpreet Kaur, 2017)

2. Ethics:

A collection of moral principles, especially those relating to or affirming a given group, area, or behavioral type. (Bipata R., 2019)

3. Bioethics: Ethical questions arising in healthcare

4. Legal: Permitted bylaw

5. Legal issues: Legal question which is the foundation of acase

6. Autonomy: respecting rights of others to makedecisions

7. Justice: Duty to distribute resourcesequally

8. Fidelity: Maintaining loyalty and commitment topatient

9. Veracity: duty to communicate. (Jaydesh Patidar, 2013)

ETHICAL PRINCIPLES:

Respect of the individual's autonomy

1. Respect of the individual'scompetence

2. Respectbeneficence

3. Respect of thetruth

4. Respect of patientconfidentiality

5. Avoidance of paternalism andbias

6. Avoidance of all conflicts of interest

7. Respect the limitations of medicalcare

Standards for legal psychiatric nursing practice:

Legal standards are defined for practice using a variety of sources. There are several factors by which one may judge the profession of a nurse. State nursing boards regulate the nature of the profession, setting out the standards and restrictions for nursing profession in a particular state. Clear implementation under federal and state statutes; for example, nearly all states have legislation that detail child and elder violence reports. Psychiatric nurses look to professional nursing associations, through written guideli 3nes, to describe healthy and appropriate practice. Finally, legal practice is driven by advances in clinical practice. In addition to the expertise and skills acquired through basic nursing training, psychiatric nurse.will remain involved in clinical areas through involvement in education initiatives and literature review. (Linda Funk Barloon, 2003)

PATIENT RIGHTS AND NURSING RESPONSIBILITIES:

Least restrictive alternative

Right to refuse treatment

Confidentiality

Mandated reporting

Informed consent

Treatment of minors

Documentation

Supervision of patients

Legal issues in advanced practice:

Advanced professional nursing practice includes certain ethical issues which are addressed outside the scope of this report. The scope of practice for the advanced practice registered nurse and conditions for using procedures, supervision, and other restrictions varies widely from state to state and is specified in the nursing practice act of each state. Advanced practice registered nurses are subject to increased liability through prescriptive control, billing procedure, and special nurse-patient therapy partnership. Many state-run nursing associations have services devoted to nurses eligible for advanced practice.

Minimizing the risk of litigation in psychiatric nursing:

Suggestions for reducing the likelihood of clinical nursing lawsuits include:

1. Be familiar with the act of nursing practice in their State

2. Know the laws which rule theypractice

3. Know The institution's policies andprocedures

4. Beactive with professional nursing associations and other informal nursing groups which will help keep them updated

5. Know published standards that affect their practice. Participate in continuing education programs in their field ofpractice

6. Hold latest literatureupdated

7. Using colleagues support andadvice

8. Use legal aid when theyneed

9. In challenging cases, record the evaluation and decision-making processthoroughly

SUMMARY:

Psychiatric nurses must show healthy and appropriate clinical practice while trying to practice within legal limits. Over time, professional practices and legal norms shift, and it can be hard to be conscious of all the changes that happen. There are also ways to mitigate the lit igation risk. Holding patient cantered and striving to provide the best possible health treatment will direct the practice, not the fear of litigation. It is prudent to know the rules, institutional procedures and professional standards, but nothing can be a replacement for good clinical judgment

REFERENCES

1. Bipeta R. Legal and ethical aspects of mental health care. Indian journal of psychological medicine.2019 March;41:108

2. Legal and ethical issue in Mental Health Nursing

3. Legal aspects of psychiatric Nursing, Linda Funk Balroon, MSRN, APRN, CS, CPNP, BC. Email The author MS, RN, APRN, CS, CPNP, BC Linda Funk Balrooon

4. Legal and ethical aspects of in mental health nursing. https:// www.slideshare.net/drjayesphatidar/legal-ethical-aspects-in-mental-health-nursing

5. Ppt- Legal and Ethical Issue in psychiatric Nursing. https:// www.slideserve.com/sylvester/legal-and-ethical-issue-in-psychateic-nursing

6. Legal and Ethical Issue in Mental Health Nursing. https:// www.ukessays.com/essays/nursing/legal-and-ethical-issue-in-mental.

7. Kangasniemi M, Vaismoradi M, Jasper M, Turunen H. Ethical issues in patient safety: implications for Nursing management. Nurs Ethics. 2013;20(8):904-16[PubMed][Google Scholar] https:// www.ncbi.nih.gov/pmc/articles/PMC5016466/

8. https://www.registerednursing.org/nclex/ethical-practice

9. https://www.google.co.in/nurse=i&url=https%3A%2F%2Fwww.supportingcares.snaicc.org.au%2Frights-of-the-child%.

10. Right of Special groups. Presntation presented at;2020; slideshare

11. Graham A. Powel M. Taylor, N. Anderson, D and Fitzerlad, R (2013). Ethical Research Involving Children. Florance: UNICEF Office of Research- Innocenti.

12. Legal and Ethical Issue Instruction Material/Content [Internet]. Allcare. org 2020 [cited 2 April 2020]. Available from https:// www.allcare.org/Cancer Pain-and-symptom Management/ethics/ em5/count.htm.

13. Joseb T. Right of Special groups. Presentation at ;2015; slides harte H https://www.ncbinlm.nih.gov/pmc/articles/pmc50

Received on 27.05.2020         Modified on 19.07.2020

Accepted on 11.08.2020 ©A&V Publications All right reserved

Int.  J. of Advances in Nur. Management. 2021; 9(1):91-93.

DOI: 10.5958/2454-2652.2021.00023.8