Legal Considerations of Maternal-Child Practice PDF

Summary

This document provides an overview of legal and ethical considerations in maternal-child nursing practice. It covers topics such as consent, informed consent, different types of wrongful actions, new technologies in healthcare, nurse responsibilities, and various ethical dilemmas. The information is presented as a way to structure understanding for professionals in the field.

Full Transcript

Legal Considerations of Maternal-Child Practice Consent Signing Patients who are not of legal age for giving the consent. Reproductive health care rights and laws are complex and vary from state to state. Informed Consent Appropriate information Invasive procedures Estab...

Legal Considerations of Maternal-Child Practice Consent Signing Patients who are not of legal age for giving the consent. Reproductive health care rights and laws are complex and vary from state to state. Informed Consent Appropriate information Invasive procedures Establish who has the right to sign consent in case of divorced patient Legal age “Emancipated minors” – (“mature minors”) Adolescents who are self-supporting Free from custody and control of their parents. “Wrongful birth”- the birth of a disabled child whose pregnancy the parents would have chosen to end if they have been informed about the disability during pregnancy. Wrongful birth is a legal cause of action in some common law countries in which the parents of a congenitally diseased child claim that their doctor failed to properly warn of their risk of conceiving or giving birth to a child with serious genetic or congenital abnormalities. “Wrongful life” – a claim that negligent prenatal testing on the part of the health care provider resulted on the birth of a disabled child. “Wrongful conception” – denotes that a contraceptive method failed, allowing an unwanted child to be conceived and born. If the nurse knows the care provider by another practitioner was inappropriate or insufficient, he or she is legally responsible for reporting the incident. Failure to do so can lead to a charge of negligence or breach of duty. Issues Involving New Technologies Assisted reproduction Surrogate motherhood Umbilical cord sampling Umbilical cord sampling (Cordocentesis) Percutaneous umbilical cord blood sampling Umbilical cord sampling Issues Involving New Technologies Safety of new medicines for children End of life decisions Legal Responsibility of Nurses: ▪Confidentiality ▪Accountability for nursing care ▪Accountability for other health team members ▪Documentation ▪Personal liability insurance Ethical Considerations Conception issues, especially those related to vitro fertilization, embryo transfer, ownership of frozen oocyte or sperm and surrogate motherhood Ethical Considerations Pregnancy termination Fetal rights versus rights of the mother Stem cell research Ethical Considerations Resuscitation (and length of its continuation) Number of procedures or degree of pain a child should be asked to endure to achieve a degree of better health. Ethical Considerations Balance between modern technology and quality of life Difficulty in maintaining confidentiality of records when there are multiple caregivers. How can the nurse help? Providing factual information Supportive listening Helping the family and health care providers clarify their values

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