NURSING EDUCATION, REGULATIONS, AND LEGAL ACCOUNTABILITY; NEW CHALLENGES BY - DR. SHEELA S HOSAMANI
NURSING EDUCATION, REGULATIONS, AND LEGAL ACCOUNTABILITY; NEW CHALLENGES
AUTHORED BY - DR.
SHEELA S HOSAMANI
I/C Principal
MGM LAW College,
Nerul west Navi Mumbai
ABSTRACT
This article tries to elaborate the role of Nursing
Education and its Regulations to coordinate with judiciary to provide
the justice to needy people.
Because all adjudicating authorities needs to
relevant admissible evidence to find
out the actual reasons of the crime, regulations have been helpful to
adjudicate the matter either acquittal or conviction.
KEY WORDS; - Nursing Education, regulations, better consumer service, new challenges.
INTRODUCTION
Indian codified laws highlight that, whenever
courts need evidence to adjudicate the legal matters, fact knowing people can
facilitate the evidence before the court, any fact knowing people include
Nursing practitioners, forensic nursing practitioner, para medical
practitioners, can provide the evidence to the court. Regarding implementation
of Nursing Education, our legislature has been passed Nursing
and Midwifery Council’s
Code, this is the code which sets the standards for nursing students to
become a best paramedical staff to serve the patients.
RESEARCH PROBLEM;
Legal accountability and regulations towards
nursing education are 2 concepts which has very important ideologies to provide
legal justice to consumers like patents, The research problem of this research
paper is that how to connect with these two concepts with one umbrella to
facilitate the justice to the consumers. However, many of times nursing
education regulations would not be sufficient to impose certain conditions
which has very important to avoid the violation of consumers rights.
SCOPE OF THE STUDY;
This research paper pertaining to legal
accountability and new challenges towards nursing education regulations, to
impose certain standards to avoid the
legal issues in future, also this paper tries to find out the pross and cons of
the nursing education regulations.
OBJECTIVES;
The prime objective
of this research paper is as follows
1.
To understand the wider concepts
of nursing education
regulations
2.
To introduced the importance of standard nursing
education
3.
To analyze the role of nurses to avoid the litigations before the court
4.
To find out the legal challenges, while adjudicating the matters before the court
RESEARCH METHODOLOGY;
To completion of this research,
descriptive method has been applied. Which means this study is based on primary
data including books, whereas secondary data like cases, article, blogs,
websites have been used to refer for the formation of this paper. All these
data have been applied to understand the back ground
of the research paper, also it is a part of the construction
of the research questions as well. These data have helped the paper in understanding the present
scenario to take legal support towards legal matters.
REVIEW OF LITERATURE;
Goyal Harinderjeet, (2025), This paper
explores the pivotal role of nursing education regulations with legal
accountability in Judiciary
Sodhi Jaspreet Kaur (2022) This study
considered the development of the Comprehensive methods to facilitate their
service towards society, along with judiciary
Shebeer P. Basheer, (2015),
The findings of the study show that, regulations regulate
the ethical practice of the
nursing practitioner it may create legal accountability towards nursing practitioner
Marion G, (2009), This paper goes in to
the details of Competency Based Nursing Education it would helpful to avoid negligence
RESEARCH QUESTIONS TO BE RAISED;
1. Whether present
nursing education regulations are fair enough to protect the patients’ rights?
2. Under what circumstances judicial authorities can apply these regulations?
3. Whether the existing
regulations can provide sufficient ethical knowledge to nursing students?
4. What is the output of the article?
ADVANTAGES; -
In the context of the study, advantages
are as follows,
1.
Playing greater role to control the litigations
2.
It will help to provide fair and transparent justice towards consumers
3.
It helps to increase the trust towards the regulations for adjudicating matter rapidly
4.
It will diminish
the challenges which have faced by the judiciary towards regulations.
DISADVANTAGES;
1.
Always it is very difficult to regulate the ethics and
educational standards by way of implementing
the regulations
2.
Sometimes rules under regulations are not sufficient to
realize the unethical attitude of the nursing students
3.
Regulations not always refers to societal phenomenon
4.
Once in a while it is difficult
to understand the intention of the regulations
WHAT IS NURSING REGULATION
Nursing regulation refers to the
process of laws and set of standards by governing bodies to observe the ethical
practice of nursing, it ensures that nurses are adequately trained and they are
competent to deliver safe care towards patient.
CONNECTION BETWEEN NURSING EDUCATION REGULATIONS WITH JUDICIARY
The relationship between nursing regulations and judiciary has been very cordial, because nursing education
regulations ensures that nurses are properly trained with ethical knowledge,
whereas judiciary can consider that there are no violations of professional
ethics, while serving the patients as a nursing practitioner, because the intention
of the regulations itself says that nursing practice and education both are
regulated under the regulations.
Regulations prohibits the professional negligence, as well as professional malpractice, whereas
with the support of legal regulation judiciary can came to conclusion whether
negligence has been committed by the nurses or not Regulations can influence the development of nursing education
also may highlighted the rules of judiciary,
which related unethical malpractices as well as negligence, thus,
it creates afraid
towards nursing students, the result of this regulations generate the good ethical
nursing practitioners, whereas with the provisions of the regulations court
would take privilege to punish the offender.
SIGNIFICANCE OF REGULATIONS TO AVOID THE LITIGATIONS
1.
Regulations are very crucial mechanism
to avoid litigations;
2.
By providing a proper standard
of care towards patient
3.
To imposing legal guidelines regarding
malpractice
4.
To establishing legal guidelines on negligence, and carelessness
5.
To highlight the punishment criteria
against unethical practitioners
6.
It creates awareness
regarding penalized actions
against wrongdoer
LEGAL ACCOUNTABILTY
As per regulations, there are so many legal
responsibilities which are mandatorily followed by nursing practitioners such
as,
1.
Professional Indemnity; - they need to take risk, to take care of the patient
2.
Making best decisions
towards the patient;
- which means they have to give first priority is patient’s safety and welfare
3.
They have to follow government
rules, laws, and regulations
4.
They should follow organizational policies
and ethical codes
5.
They have to follow ethical practices and safety protocols
6.
They should maintain
case history
7.
Whenever it necessary
they have to co-operate with legal investigation agencies
8.
Whenever court issue the notice to became a witness
to adjudicate the legal issues,
they should facilitate the evidence whatever they observed while
treatment
CHALLENGES
Apart from so many merits nursing
education regulations have many challenges, because of challenges nursing
practitioner mental status has been down. However,
nursing education have proper regulation, even though
medical sector has failure to regulate the behavior pattern of the nursing fraternity, therefore it
creates most apprehension situation towards society. Challenges includes;
1.
Issues related to workforce
2.
Shortage of skilled
human resources
3.
Lack of competence
4.
Navigating complex with healthcare reforms
5.
Lack of knowledge regarding
safety concerns
6.
Failure to maintain
patient confidentiality
7.
Low level technology
8.
Very low societal
approach
9.
Shortage of financial
support
FINDINGS OF THE STUDY;
When we go through with these
challenges easily, we can conclude that nursing regulations are not enough to
create a proper nursing product to medical sector, it’s adverse effect will
cause medical negligence as well as medical malpractice. Actually, it is not good sign for our medical sector.
SUGGESTIONS;
1.
Government should priorities these issues and provide periodical changes towards regulations.
2.
Make strong and rigid rules related to nursing education
sector.
3.
Government and other non-governmental agencies should
spread awareness related to nursing regulations.
4.
Government has to provide ample opportunity to enhance their professional
knowledge.
5.
Government has to secure their financial security.
CONCLUSION
To have a needful regulation in Nursing
education sector are must, because proper regulations are rule of the day, in
order to provide successful relevant service to needy people, service provider
should have perfect knowledge towards their profession. As per my view perfect
application of knowledge will be earn by the practitioner by way of following
the regulations. Hence regulations are part and parcel of the everyone’s life,
therefore without proper regulations we can’t think about excellent service.
REFERENCES;
2.
Indian Nursing Council
https://indiannursingcouncil.org
3.
Regulatory body in Nursing; -nursing.saaki.in https://nursing.saaki.in
6.
Marion G, (2009), Competency Based Nursing Education, spring publishing, bookscape.com
7.
Sodhi Jaspreet Kaur (2022) Comprehensive Textbook of
Nursing Education, Japee Brothers Medical publication, amazon.in
8.
Shebeer P. Basheer, (2015), Nursing Education, EMMESS Publication, amazon.in