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Legal Requirements

Legal Requirements in Nursing

What is the primary purpose of law and legislation? To protect patient and nurse
What are the 3 types of courts? Criminal (fatal practice), civil (common malpractice), and administrative (against leaders/government/boards, etc.)
How has professional negligence changed? Used to, it was primarily physicians that were charged. However, now nurses must carry their own liability insurance, especially APN (BSN, MSN, DNPs, etc)
What 5 elements must be present for a professional to be held liable for malpratice? Standard of care, breach of duty, forseeability of harm, correlation between improper care and harm, actual pt injury
Respondent superior "The master is responsible for his servants" -- Employers can be held liable for employees actions, usually in cases where employees were not properly supervised or trained
Incident reports Records of unusual or unexpected incidents, not be put in pt's chart, but kept in confidence
Torts, assault and battery Performing any treatment without pt or written consent, usually in the case of false imprisonment (use of restraints)
If it's not documented... It didn't happen.
Patient Self Determination Act Must provide education to pts in staff concerning treatment and EOL care, involves andvance directives (written instructions) and power of attorney (someone else making decisions when they are unable to)
HIPPA Simplifying recording and coding, protecting pt information
Created by: kalensnyder