Jurisprudence Day 1

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Text of Jurisprudence Day 1

  • 1. Nursing Jurisprudence Nelia B. Perez RN, MSN Northeastern College Santiago City
  • 2. LAW
    • Etymology : lex
    • A set of rules established by a governing power to guide actions, regulate conduct of the people and impose sanctions for violation or non-compliance thereof.
    • Obligatory upon the people because it commands the people to do right and prohibits them to do wrong.
  • 3. Branches of Law
    • Divine Law : promulgated by our Creator.
    • Human Law
    • * General / Public Law : includes international law and religious law
    • * Individual or private law : consists of civil law, mercantile and procedural law.
  • 4. Jurisprudence
    • Etymology : juris (oral legal tradition and to functional applications of Law, to and in particular sets of facts ans circumstances); prudentia (one who behaves prudently or wisely because he has knowledge of the possible consequences of a particular action).
  • 5. Jurisprudence (cont)
    • Denotes or pertains to the judicial precedent or the course or established decisions of the Supreme Court.
  • 6. Ethics
    • Etymology : ethos (custom or particular behavior)
    • Practical science dealing with morality of the human acts or conduct.
  • 7. ETHICS DEFINED
    • Ethics is a study of good conduct, character, & motives & is concerned with determining what is good or valuable for all people. It goes beyond personal preferences to establish norms & standards upon which individuals, professions & societies agree.
  • 8. NURSING ETHICS
    • Within nursing, specific values & moral requirements are necessary to maintain the integrity of the profession. An ethical nurse will act & treat others in specific ways that are consistent with nursing norms & will be guided by more than personal preferences or values.
  • 9. NURSING ETHICS (contd)
    • To become mature professionals who are able to participate effectively in the ethical dimensions of their practice, nurses must continue to develop a strong sense of their moral identity, seek support from professional resources & expand their knowledge and skill in the area of ethics.
  • 10. NURSING ETHICS (contd)
    • A nurse assumes responsibility and accountability for nursing care provided.
  • 11. RESPONSIBILITY
    • Refers to the execution of duties associated with the nurses particular role. A nurse who acts in a responsible manner gains the trust of clients & other professionals. A responsible nurse remains competent in knowledge & skills & demonstrates a willingness to perform within the ethical guidelines of the profession.
  • 12. RESPONSIBILITY (example)
    • When administering medications, the nurse is responsible for assessing clients need for the drugs, giving them safely & correctly, and evaluating the responses.
  • 13. ACCOUNTABILITY
    • Being answerable for ones own actions. A nurse is accountable to self, the client, the profession, the employer, and society
  • 14. ACCOUNTABILITY (example)
    • If a wrong dose of medication is given, the nurse is accountable to the client who received it, the physician who ordered it, the nursing service that set standards of expected performance, & society which demands professional excellence.
  • 15. ACCOUNTABILITY (example contd)
    • Thus, when an error is made, the nurse reports it and initiates care to prevent further injury. Accountability calls for an evaluation of a nurses effectiveness in practice.
  • 16. ACCOUNTABILITY PURPOSE
    • 1. To evaluate new professional practices & reassess existing ones.
    • 2. To maintain standards of health care.
    • 3. To facilitate personal reflection, ethical thought, & personal growth on the part of health care professionals.
    • 4. To provide a basis for ethical decision making.
  • 17. VARIABLES AFFECTING ETHICAL DECISIONS
    • Because ethical problems occur in situations involving people who have different approaches to moral reasoning, it is helpful if the nurse can sort through the various factors that influence a persons thinking.
  • 18. VARIABLES (contd)
    • Emotions
    • Legal considerations
    • Cultural diversity
    • Religious/Spiritual convictions
    • Education level
    • Past life experiences
    • Developmental level
  • 19. VARIABLES (contd)
    • Societal changes
    • Race
    • Gender
    • Class
    • Economic level
    • Sexuality orientation
    • Current state of health
  • 20. ETHICAL DECISION MAKING METHODS
    • Each ethical situation or dilemma will be different, but the nurse in any setting can use the following guidelines for ethical processing and decision making.
  • 21. METHODOLOGY (contd)
    • Presume good will
    • Identify all important persons
    • Gather relevant information
    • Identify important ethical principles
    • Propose alternative courses of action
    • Take action
  • 22. SENSITIVE ETHICAL SITUATIONS
    • Bio-technology
    • Surrogate Pregnancy Contracts
    • Adoption
    • Abortion
    • Substance Abuse
    • AIDS/HIV
    • Death & Dying
    • Living Wills/Health Care Surrogates
    • Organ Donations
  • 23. Ethico-Moral Aspects of Nursing
  • 24. THE CODE OF ETHICS FOR FILIPINO NURSES
    • First approved in 1982, 5 decades after it was formed in 1922.
    • March 21, 1984: PRC adopted the ICN Code of Ethics and subsequentle was approved by the Board on March 21, 1984 pursuant to RA No. 877 and PD No. 223.
  • 25. THE CODE OF ETHICS FOR FILIPINO NURSES (cont)
    • Unanimously approved through BON Resolution No. 633 on March 21, 1984.
  • 26. THE ICN CODE OF ETHICS FOR NURSES An international code of ethics for nurses was first adopted by the International Council of Nurses (ICN) in 1953. It has been revised and reaffirmed at various times since, most recently with this review and revision completed in 2005.
  • 27. PREAMBLE Nurses have four fundamental responsibilities: to promote health , to prevent illness , to restore health and to alleviate suffering . The need for nursing is universal. Inherent in nursing is respect for human rights , including cultural rights, the right to life and choice, to dignity and to be treated with respect . Nursing care is respectful of and unrestricted by considerations of age, color, creed, culture, disability or illness, gender, sexual orientation, nationality, politics, race or social status . Nurses render health services to the individual, the family and the community and co-ordinate their services with those of related groups.
  • 28. 1. NURSES AND PEOPLE
    • The nurses primary professional responsibility is to people requiring nursing care.
    • In providing care, the nurse promotes an environment in which the human rights, values, customs and spiritual beliefs of the individual, family and community are respected.
    • The nurse ensures that the individual receives sufficient information on which to base consent for care and related treatment.
    • The nurse holds in confidence personal information and uses judgement in sharing this information.
    • The nurse shares with society the responsibility for initiating and supporting action to meet the health and social needs of the public, in particular those of vulnerable populations.
    • The nurse