Legal, Ethical and Risk Management
The practice of nursing is guided by legal considerations that determine the requirements in licensure, certification, credentialing, and dismissal from practicing (Buppert, 2014). Within each state, these legislations are different but serve to indicate the mandates of the nurse as well as their limits within the country. Legal issues are based on legislation that has been passed through the state’s process for passing laws. Laws regarding the practice of nursing are therefore sponsored by a member of the state’s legislature, pass through debates in the house, and are then published.
Ethics refers to the moral framework for doing things based on the norms of society and the standard practices within it (Epstein & Turner, 2015). For nurses, ethics enable the determination of moral and immoral behaviors, which can affect the work of the nurse. Nursing associations, such as the American Nurses Association (ANA), guide the ethical practice of nurses. Such ethical issues may also be described within the institution the nurse is working in, through a work policy. Risk management is required in many states before nurses can be allowed a license. Any litigation that may come up against the nurse in the course of their career can be handled through such a fund for professional liability (Hamric et al., 2014). Following the legal and ethical issues that bind the nurse enhances the quality of care that they offer, reducing cases of professional liability.
If NPs fail to understand or follow the ethical and legal guidelines within their career, it is likely that they will offer a reduced standard of care. Reduced quality of care increases the risks for the nurse since they expose themselves to professional liability for failing to provide care according to the legal and ethical provisions of their career. Failing to understand and manage such risks may put the nurse in a difficult position that may lead to damage to their jobs.
While nurses may be trained to the best standards of education within the nation, there is often a shortage of nurses within most institutions. This means that the nurse has to make many medical decisions for many patients, increasing the possibility of making an error. Medical errors can be expensive and can result in damage to a patient or even mortality if not detected and corrected early. When such risk bothers on negligence, especially gross negligence, there is the likelihood that NPs will be prosecuted through the legal process. When it can be proven that the nurse has gone against any legal or ethical mandates, it is likely that they will be charged and found guilty and may serve sentences or have to pay heavy fines. This may lead to the end of an individual’s career.
According to the third provision in the ANA code of nursing, nurses should be committed to protecting the safety of patients and of preserving their interests as they offer quality care to clients (Haddad & Geiger, 2019). This requires that nurses are committed to following these ethical standards enables nurses to be safe from malpractice, which can be damaging to their career. Medical errors and poor clinical decisions can be avoided if nurses follow the third provision of the ANA code to reduce any risk of litigation. Training and emphasizing the need for nurses to learn about their professional ethics as well as the legal structures guiding their practice will reduce cases of medical errors (Kadivar et al., 2017) and decrease the level of risk for nurses.