Replay to 1 and 2 with at least three sentences per response and one reference each response
1)Responsibilities of Nurses and Physicians in the Informed Consent Process
There are differences in the responsibilities of nurses and physicians in relation to the informed consent process. According to their individual expertise, a patient’s doctor or nurse must provide their clients with information and make it comprehensible in order for them to make an informed decision about whether or not to begin or continue a therapy (Convie et al., 2020). It is the duty of both the nurses and the physician to ensure that the patient understands and uses the information provided in an informed consent procedure appropriately. Different responsibilities are assigned to the physician, the nurse, and the patient when it comes to informed consent.
Patients or their legal representatives must sign the permission form in front of a nurse who is responsible and accountable for verifying that the patient or legal representative is of legal age and competent enough to provide consent (Convie et al., 2020). As a result, they ensure that their patient has enough information to make an informed choice. Therefore, a nurse basically plays the role of a witness during the informed consent process. Nurses who have a thorough grasp of the informed consent procedure can also play an active part in patient advocacy without fear of practicing beyond the limits of their license or certification.
On the other hand, physicians provide patients with information such as the possible side effects, discomfort, and problems related to a treatment. It is also their responsibility to advise the patients on any treatment or procedural alternatives, their advantages and disadvantages, and the practitioner responsible for conducting the therapy or operation in question (Khairat et al., 2018). Additionally, the physician record the patient’s or surrogate’s informed consent talk and their choice. Without previous informed permission, doctors may begin treatment for patients who cannot engage in decision-making or for patients whose surrogates are unavailable. A physician in such a circumstance should notify the patient/surrogate as soon as possible and acquire their agreement to continue treatment in accordance with these recommendations.
References
Convie, L. J., Carson, E., McCusker, D., McCain, R. S., McKinley, N., Campbell, W. J., … & Clarke, M. (2020). The patient and clinician experience of informed consent for surgery: a systematic review of the qualitative evidence. BMC medical ethics, 21(1), 1-17. Retrieved from: https://bmcmedethics.biomedcentral.com/articles/10.1186/s12910-020-00501-6
Khairat, S., Ottmar, P., Sleath, B., Welch, B., Qanungo, S., Nichols, M., & Obeid, J. S. (2018). Facilitating the informed consent process using teleconsent: Protocol for a feasibility and efficacy study. JMIR research protocols, 7(10), e11239. Retrieved from: https://www.researchprotocols.org/2018/10/e11239/
2) Importance of Legal System for Nurse
The nursing profession is charged with caring for people who cannot care for themselves, especially due to an illness. Caring has a direct impact on the health and life of individual families and communities. The stretched impact of caring thus creates the importance of regulating the nursing practice. All registered nurses are thus professionally and legally accountable for their actions, whether they are following their superior’s instructions or their initiative. The legal system ensures nurses practice according to the laws of nursing.
One of the important aspects of the nursing, legal system is sources of law. Nursing laws mainly originate from administrative and statutory laws. Administrative laws are associated with the legislative branch of the government, which delegates authority to government agencies to create laws (Jones & Barllett 2019). For instance, the Board of Nurses is a government agency delegated to establish nursing standards. Statutory laws are established through the formal legislative process. Other sources of laws include enforcing laws and case laws. Court cases develop laws from court decisions, while enforcement laws include both civil and criminal laws.
The State Boards of Nursing have a major task in the legal system of nursing. They are responsible for developing standards of practice, licensure, and disciplinary actions. Therefore, nurses must understand the power and aspects of licensing. For instance, for a nurse to be considered a registered nurse, they must pass the licensure examination (Catalano 2019). Nursing is a high-risk profession, especially with informed consent and confidentiality areas. Consequently, nurses may also be charged with negligence and malpractice. Therefore, nurses should be aware of and understand the court process for malpractice and negligence cases.
References
Catalano, J. T. (2019). Nursing now: Today’s issues, tomorrow’s trends. F.A. Davis.
Jones, & Barllett. (2019). Law and the Professional Nurse [PowerPoint slides].