Legal Evidence And Application • Online Nursing Essays

The discussion assignment provides a forum for discussing relevant topics for this week based on the course competencies covered.

For this assignment, make sure you post your initial response to the Discussion Area by the due date assigned.

To support your work, use your course and text readings and also use the South University Online Library. As in all assignments, cite your sources in your work and provide references for the citations in APA format.

Start reviewing and responding to the postings of your classmates as early in the week as possible. Respond to at least two of your classmates’ initial postings. Participate in the discussion by asking a question, providing a statement of clarification, providing a point of view with a rationale, challenging an aspect of the discussion, or indicating a relationship between two or more lines of reasoning in the discussion. Cite sources in your responses to other classmates. Complete your participation for this assignment by the end of the week.

Legal Evidence and Application

This will be the final week of collecting evidence. Visit the South University Online Library and retrieve two peer-reviewed research articles focusing on legal issues related to your topic of interest. Critique each article, highlighting the strengths and the weaknesses of each article. Interpret the statistical analysis and significance of results. Finally, analyze the feasibility of applying this evidence to your topic of interest in your current practicum setting. Both articles should support nursing standards and patient safety within your chosen topic.

Legal issues in health care are ever present with a more litigious society, providers need to be aware of potential legal issues.  In the articles I selected, the legal implications are questioned for interventions provided to adolescents.  Both articles have varying relevance related to potential issues with this patient population as described below.

Article 1 – Perceived barriers to implementing screening and brief intervention for alcohol consumption by adolescents in hospital emergency department in Spain. Falcón et al. (2018) identify the need for providing screening intervention to the adolescent patient population because this patient population is known to be at risk for substance abuse issues. However, one of the barriers identified in giving brief interview and intervention is legal concerns. Health care providers identified that not obtaining consent from adults for the screening or treatment of a minor could pose legal repercussions, from two perspectives: one from the parental adult who could claim treatment was not authorized by an adult or from the child who may feel an invasion of privacy if an adult is told about results (Falcón et al., 2018). Other barriers identified are adequate training in the use of screening and intervention tools, personnel, and time. Specifically, the urgency of other clients would make interventions of a non-critical nature, such as a screening tool, impossible (Falcón et al., 2018).

This study is relevant to the topic of interest because it utilizes the same project population – health care providers who care for adolescents. It is also relevant because it identifies barriers to utilizing a screening tool as a workflow process.  The barrier of time and personnel is particularly applicable, as the project preceptor setting is a primary care that also offers as needed urgent/after-hours care.  I have often considered the appropriateness of completing a mental health screening during a “sick” visit. This is an issue brought up in this article.

Article 2 – Whether to waive parental permission in HIV prevention research among adolescents: Ethical and legal considerations.  This article identifies the legal considerations of whether parental consent should be waived for research related to preventative HIV interventions in adolescents. Since the patient population that participates in sexual activity includes LGBTQ youth, the issue of privacy and confidentiality needs consideration as this population may not want to disclose their status to their parents or disclosing the information could put them in emotional or physical harm (Bauman et al., 2020).  Furthermore, Bauman et al. (2020) site that parental consent may jeopardize validity of studies.  However, legally parents have the right to protect their children, which has been the resounding reason that consent in studies with minors has been required.

This study is relevant to the project topic because the study population is adolescents and parental consent may be required.  While the patient enters the facility to receive care, adding the screening to the standard workflow may be a work around, but the IRB review process may reveal that parental consent is still needed. This study offers both sides as evidence for why consent should be obtained or waived.

References

Bauman, L. J., Mellins, C. A., & Klitzman, R. (2020). Whether to Waive Parental Permission in HIV Prevention Research Among Adolescents: Ethical and Legal Considerations. J Law Med Ethics, 48(1), 188-201. https://doi.org/10.1177/1073110520917010

Falcón, M., Navarro-Zaragoza, J., García-Rodríguez, R. M., Nova-López, D., González-Navarro, M. D., Mercadal, M., García-Algar, O., & Luna Ruiz-Cabello, A. (2018). Perceived barriers to implementing screening and brief intervention for alcohol consumption by adolescents in hospital emergency department in Spain. Adicciones, 30(3), 189-196. https://doi.org/10.20882/adicciones.896 (Barreras percibidas contra la implementación en los servicios de urgencias hospitalarios en España de un protocolo de cribado de consumo de alcohol e intervención breve en adolescentes.)