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Nur 221 Legal Issues

Legal Issues

Nurses should understand legal limits & laws surrounding nursing practice
Types of Laws Statutory, Regulatory, Judicials
And example of a statutory law is The West Virginia Board of Nursing Nursing practice acts
What does the Nurse practice act contain? Definition of term RN Description of professional nursing functions Standards of competent practice Behaviors that represent misconduct Grounds for disciplinary action Fines and penalties if NPA is violated
What is a criminal law? Prevents harm to society Felony Crime of serious nature that penalizes by imprisonment of more than one year or even death Misdemeanor Less serious crime that penalizes by a fine or imprisonment of less than one year
What is a civil law? Protects the rights of individuals and encourages fair and equitable treatment among people. Damages include payment of money and loss of possessions that are of value.
What are some results of judicial decision? Right to refuse treatment Informed Consent
What is an example of a regulatory law? Professional & speciality nursing organizations standards
What is another example of regulatory law? Hospital written policies and procedures
What are some commomn regulatory agencies? State health department the joint commission
What are some examples of grounds of disciplinary action? practicing without a license, failure to use appropriate nursing judgement, felony, falsification of records, failure to document, incorrect documentation, inappropriate behavior, medicare fraud, misappropriation of personal items.
What is negligence? Failure to act in a reasonable and prudent manner. Based on principles that everyone is expected to follow whether a professional or lay person
What is malpractice Special types of negligence. Failure of a professional to act in a reasonable and prudent manner
What are examples of intentional Touts? Assault, battery, defamation of character, false imprisonment, invasion of privacy,
What is a tort? A 'wrong'
What is a power of attorney? Legal document which designates a person or persons of one’s choosing to make health care decisions when the client is no longer to make decisions.
What is a written will? Written documents that direct treatment in accordance with the client’s wishes in event they are no longer able to make their own decisions.
What is Hippa? Health Insurance Portability and Accountability Act
What does Hippa do? Protects the patient from losing their health insurance when changing jobs by providing portability. Protects the patients privacy
What are the good Samaritan law? Provides immunity to health care workers who stop to help at scene of accident as long as health care worker acts as any prudent nurse would. Law will not “hold up” if health care professional is grossly negligent.
Who do you get informed consent for? Adults, Minors. It is the nurses responsibility to witness signature only on surgical consents
Nurses have a legal responsibility to report? Abuse and neglect of children and elderly. Communicable disease
What is the Uniform Anatomical Gift Act? Requires hospitals to ask each client over 18 whether he is an organ or tissue donor; if client is donor, hospital will acquire copy of document. If person is not a donor, hospital representative explains options of becoming a donor.
What does the Uniform Anatomical Gift Act require? At the time of a patient’s death, the law requires that the family be given the option of donating deceased patient’s organs.
What gave patients the right to be free from unnecessary restraint? Federal nursing home reform act.
When can restraints be use? Need to endure patient safety, less restrictive interventions fail, if the nurse has a written order from Dr, Dr assistant, or nurse practitioner.
Malpractice Insurance Nurses need to consider purchasing Health care institutions do cover their nurses with malpractice insurance , but nurses are only covered if they are practicing in the hospital under hospital rules and regulations.
What do you not do for an incident report? Do not write on patient’s chart that incident report was filed (incident report is internal institutional reporting mechanism and is not discoverable in court cases).
What do you do for an incident report? Do write on the chart what happened to the patient and what happened afterwards. Include how incident happened, your assessment of patient, who you called, etc.
What are the responsibilities of the nursing student? Legally held to the same standard of skill as RN. Agency and instructors are partially liable for student neglegence.
How can students avoid lawsuits? Be prepared, ask for help, don't take risk, follow policies, don't mix roles.
Keep law suits away with_____________ care compassionate
Created by: dgreen158