Nursing as a profession has developed mostly in the recent past causing interest from every corner of the population. The indication that shows its growth is the interest of the legal frameworks to regulate the practice and its motives. Laws and ethics have become an integral part of nursing thus outlining the maturity of the profession ( Tingle & Cribb, 2013) . Any job that is seeking to improve and maintain the high standards and hold every individual member accountable for their actions in the set responsibilities sees its interest in the ethical and legal matters an inevitable affair. Therefore, it is no surprise that the things now form an integral part of the nursing education, and continues to enjoy a central part besides social and clinical sciences in the nursing bases as a discipline ( Mason et al., 2013) . Currently, there exists a substantial body of literature that is devoted to the nursing ethics and nursing law.
The legitimate parts of nursing affect the way in which care is conveyed to patients by medical attendants. Lawful concerns shape the rationale in which nursing is polished and decide how health records are kept or shared ( Mason et al., 2013) . Eventually, attendants and the nursing care they give are judged in light of a legal definition of the standard of care provision for the medical attendants. Expressed "standards of care" and "rules" are accessible as assets for deciding how nursing consideration is to be conveyed and the nature of attention. Be that as it may, the legal meaning of the standard of care to attendants is not a "rule" or an "approach" set by any one individual or foundation ( Tingle & Cribb, 2013) . Or maybe, it is the exemplification of aggregate information for what is required of the traditional medical attendant and sets the base criteria for capability.
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The practice of the nurses is guided by these institutional rules which may be hospital’s bylaws that are directed to the staff. One of the major ways in which the legal implication affects nursing is through verifying the qualification. This is probably the first step in ensuring the rest of the time the nurse is practicing is done in a safe environment and ethically. The requirements are assessed before licensing to determine whether the practitioner has the relevant experience. Certification then comes afterward. The laws also define the patients that the nurse would be addressing. Whether children, inmates or old people, the bylaws of the institution clearly indicates ( Benner et al., 2009) . In other words, the laws define the responsibilities of the practitioner concerning the target clients.
The legal issues affect the rights of the nurses as they also have to be protected from the harsh environment of work. Competent and safe practice in nursing demands a clear reasoning in the clinical sense and an understanding of the set laws of the health care system. Also, it requires the knowledge of the scope and standards of the practice and the particular Nursing Practice Act. The medical attendants should do the job armed with the right skills that show the results of critical thinking to make ethical decisions ( Benner et al., 2009) . As new technology of care and the practices of patient tending are evolving, the ethics of negligence and malpractice liability are put in place to challenge the new occurrences.
There are different levels of the legal frameworks that affect the discipline. These are also known as the sources of the. They involve, statutory (Nurse Practice Act), regulatory (administrative), and universal laws ( Hendrick, 2000) . The statutes form the broader framework of the regulations that the nurses have to engage with to offer an ethical care. These laws provide the basis in which the nurses have to practice to protect the interest of the patients. They are the scope of practice. They are found in each state.
The Nurse Practice Act also shows the expanded nursing roles, sets the learning requirements of nursing, and demonstrates the difference between nursing and the other medical practices. Under these laws there exist two types of laws, criminal and civil ( Mason et al., 2013) .
The former is meant to reduce or avoid harm to the society that may arise from the malpractice or mishandling of patients. They provide the basis for punishing the crimes against the clients. The crimes are grouped into felonies or misdemeanors.
Felony is a severe crime that leads to apparent harm to the client or the whole society as a whole. The penalties to these kinds of crimes are monetary in nature and also an imprisonment for more than one year or even death in extreme cases ( Hendrick, 2000) . An instance that can lead to a nursing practice being a felony is practicing without a license, and mishandling of a controlled substance. A misdemeanor is an action that leads to injuries, but not dangerous ones. But still, they are injurious. An example is negligent homicide. If a person dies due to the negligence of a nurse, that is considered involuntary manslaughter. Misdemeanors can lead to a monetary penalty, forfeiture, or brief imprisonment.
Civil laws are those that protect the individual rights and advocate for fair treatment in cases of occurrences of civil violations or wrongs. Breaches of these rules can make the nurse be fined regarding money or time for specific performance of ethical works like serving the public. An example of the violation of civil laws is the negligence of a nurse ( Hendrick, 2000) .
Administrative rules are used to define the method and duties of nurses in the reporting of malpractice or unethical handling of patients to the nursing Board. Finally, the common law is used to resolve the cases individually as reported in the courts. They always involve negligence and malpractice.
Ethical Issues
Ethical aspects are matters that cause dilemma to the nursing practice. The nurse on one side wants to promote professionalism while the patient and the society also have their say in the kind of care the patient receives ( Fry, 2008) . The society is a dynamic system whose attitude is always changing about major ethical issues. For instance, the rise of equal rights is shaping the way health care is provided by insisting on the role of women. Also, current practice suggests that the patient and the caregivers have autonomy on their health and the medication they receive. This means the nurse has to make ethical decisions as fast as possible because any breach would lead to suits. Ethics is a complicated matter as it is personal.
Every person in the society has their way of thinking and belief in what is wrong and right for them. This then creates a conflict between the patients and the people who provide the health care as one person’s evil can be less harmful to the other. An example is when a person considers eye contact to the elders an evil activity as seen in some communities. In some cases, decisions that spring from ethical issues are the cause of stresses to most nursing practices during work. Knowing what is best for a person is almost impossible, especially in intensive care where the person has a minimal response. Ethics is hard to define because several factions can have different views thus making it controversial ( Fry, 2008) . A good example is an abortion. The nurse can be in a dilemma of heeding the autonomy of the mother by procuring an abortion as some laws prohibit the act.
In conclusion, the nursing practice is a vast field that is growing and attracting much interest due to the evident laws, regulations and ethical concerns. All the three are aimed at increasing professionalism and maintaining high standards of outcomes.
References
Benner, P. E., Tanner, C. A., & Chesla, C. A. (2009). Expertise in nursing practice: Caring, clinical judgment, and ethics . Springer Publishing Company.
Fry, S. T. (2008). Ethics in nursing practice: a guide to ethical decision making.
Hendrick, J. (2000). Law and ethics in nursing and health care . Nelson Thornes.
Mason, K., Laurie, G., & Smith, A. M. (2013). Mason and McCall Smith's law and medical ethics . Oxford University Press.
Tingle, J., & Cribb, A. (Eds.). (2013). Nursing law and ethics . John Wiley & Sons.
