Nursing Laws and Ethics

As nursing profession continuously progresses in its quest for excellence, its nature becomes
complex in the light of meeting the standards set forth by the implementing bodies in nursing
profession. These standards are indeed the result of careful assessment and observation made
to resolve the never ending issues and concerns pertaining to the legal responsibilities and
ethical obligations of nurses.

Many of these include the duty to interpret and carry out orders, duty to monitor the patient,
delegation of authority, consent to medical and surgical procedures, confidentiality of medical
records, negligence and others. But among the issues and concerns aforementioned, one of the
most controversial issues which caught my attention is “Malpractice”.

Sometimes, nurses, for some personal reason, go beyond their boundaries and exceed the
scope of nursing practice they are ought to observe at all times. In abroad, there have been
numerous reported incidents wherein Filipino nurses who happened to be medical doctors here
in the Philippines were charged of malpractice and was deported back here for attempting to
save a dying patient in the absence of the medical doctor in-charge. Legally speaking, what they
did was a “breach of duty” and basically, they should have been subjected to corresponding
sanction. However, as far as nurses’ sworn duty is concerned, it’s also their responsibility to save
and protect life at all cost.

I understand that, doing the job beyond their legal limitations was hard for them. But because
Filipino nurses are typically compassionate, they have set aside the thought of facing
consequences of their actions and didn’t think twice when they saw the imminent danger to the
patient’s life, considering their knowledge and experience in critical situations as doctors.

It is quite paradoxical in nature, to which side they are to choose in the midst of ethical
dilemmas like that. In the code of nurses developed by the American Nurses Association, there
is no way they condone ethically passive behaviour. But being passive will mean two things at
the same time. First, being passive and adherent to the scope of their jobs will mean being firm
in their chosen profession and avoid legal responsibilities on their part. Second, it will mean
depriving them of their own wisdom and freewill to do the right thing and do nothing as if they
can’t do anything in the midst of life-threatening situation.

As for me, we are all trained and equipped with ethical principles and laws just to guide us in
making the right decision for the good of all. But no one can really tell us what exactly to do or
which way to go. It is always, our wisdom, wise thinking and judicious assessment of the
situation that would lead us to make the correct decision.

Submitted by:
Ryanell C. Mendoza
Nursing Theorists
Nursing Theorists reflect a wide range of ideas about people, health, values and the world. Each
nursing theorist’s definition of the four major concepts vary in accordance with the scientific
and philosophical orientation, experience in nursing and the effects of that experience on the
theorist’s view of nursing. Their theories have long been utilized in many aspects. In education,
it was used primarily to establish the profession’s place in the university, it provides foundation
and direction for research, and in clinical setting, its primary contribution has been the
facilitation of reflection, questioning and thinking of what nurses do.

From its emergence in the 19 th century when Florence Nightingale, viewed nursing as neither
unique nor specialized, but just a central “human activity” grounded in observation, reason, and
common sense health practices, many theorists have sprouted. Since then, nursing became a
unique body of theoretical knowledge. And until now it serves as the very foundation of nurses
in the profession.

But among those theorists I have known, I personally consider Virginia Henderson as the most
influential in contemporary nursing. Her definition of nursing clearly depicts how nurses
function and delineates their roles in a holistic manner while teaching patients to use their
entire capabilities and skills to take care of themselves. According to her, patients need to be
geared towards achieving “independence” to be able to function again. And upon achieving the
latter, it implies that the patient is ready to make use of all the skills and knowledge he acquired
from his caregivers to adjust in his new situation, thereby achieving a personal milestone in his
recovery after the illness took place. Hence, achieving independence is an adjustment to a
higher state of wellness with respect to the patient’s status after his recovery. This could be
simply exemplified in the case of Devon Dobrowski, a 15 year old diabetic patient who takes
injectable insulin each morning. Despite his situation, Devon managed to live and function
normally as a student, he plays on the school soccer team and is editor of the high school
newspaper (Fundamentals of Nursing, 7th edition, Kozier).It became possible after having
learned all the knowledge and skills he needed to cope with his new situation. He was able to
live his life to the fullest, overcome his illness and maximized his potentials, therefore regaining
his state of wellness. None of these would have happened if he didn’t learn how to be
independent.

Situation above shows the essence of Henderson’s theory and its relevance to nursing practice.
Nurses are meant to care for the patients and assist them to do things which they could not
temporarily do, likewise; helping them gradually deal with their new situation and function
normally as individual persons independent from their caregivers.

Submitted by:
Ryanell C. Mendoza