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Chapter7:Legal Issue
Professional Nursing
| Term | Definition |
|---|---|
| Definition of Law: | Standard or rule of conduct established and enforced by government. Designed to protect the rights of the public. |
| Litigation: | process of bringing and trying a lawsuit |
| Plaintiff: | person bringing suit |
| Defendant: | person being accused of a crime. Presumed innocent until proven guilty. |
| Public Law: | government is directly involved. Regulates relationships between individuals and government. Public law affects society as a whole and is mostly made up of the laws passed by Congress. |
| Private Law: | Civil law. Private laws are enforced by citizens only. Regulates relationships among people. The government does not involve itself in enforcing private laws. |
| Criminal Law: | law—concerns state and federal criminal statutes. Defines criminal actions (e.g., murder, theft) |
| Constitution Law: | serve as guides to legislative bodies. Things like right to privacy, who gets to vote. Found in the US constitution or amendments |
| Statutory Law: | enacted by a legislative body. Laws “on the books” No texting while driving |
| Administrative Law: | empowered by executive officers. Regulates state agencies, Taxes, EPA |
| Common Law: | judiciary system reconciles controversies, creates body of common law. Common law looks at previous cases and develops laws based on precedents |
| A body of law known as common law: | has evolved from accumulated judiciary decisions. Most law involving malpractice is common law. |
| Nurse Practice Acts: | Nurse Practice regulations that guide nursing education and proactive. The mission of the Massachusetts Board of Registration in Nursing is to protect the health, safety and welfare of the citizens...cont |
| Nurse Practice Acts cont': | of the Commonwealth through the fair and consistent application of the statutes and regulations governing nursing practice and nursing education. |
| Standards: | The American Nurses Association developed standards of care that guide nursing practice. The LAW REQUIRES NURSES PRACTICE SAFE / COMPETENT CARE at THE LEVEL OF CARE THAT WOULD BE RENDERED BY A COMPARABLE NURSE IN A SIMILAR CIRCUMSTANCE. |
| Standards cont': | The Reasonable and prudent nurse. YOU ARE RESPONSIBLE FOR KNOWING / PROVIDING STANDARD OF CARE |
| Accreditation: | Schools of nursing are accredited by nursing education organizations. Regis is accredited by NLNAC. |
| Licensure: | Only graduates of accredited schools may sit for licensure. |
| Certification: | Certification goes beyond licensure and usually is in a specialty area. |
| The state nurse practice act: | is the most important law affecting nursing practice. Each nurse practice act protects the public by broadly defining the legal scope of nursing practice. |
| Reasons for Licensure Suspension: | Drug or alcohol abuse Fraud, deceptive practice Criminal acts, previous disciplinary actions Gross or ordinary negligence Physical or mental impairments including age |
| Major causes of litigation: For Staff Nurses | Medication errors Delegation Failure to warn Product liability Protective/Reporting laws Informed consent Privacy & Confidentiality |
| Major causes of litigation: For Nurse Managers | Delegation Duty to orient, educate and evaluate Failure to warn Staffing Issues Product liability Protective/Reporting laws Informed consent Privacy & Confidentiality Policies and Procedures Employment laws |
| Professional Liability Insurance: | nurses are advised to carry their own insurance. Liability insurance coverage usually defrays all costs of defending a nurse, including the cost of retaining an attorney. |
| Professional Liability Insurance: cont' | Nursing faculty/nursing students are also vulnerable to lawsuits. Insurance can be obtained through ANA, the National Student Nurse’s Association, and through private insurance companies. |
| CRIME: | wrong against a person or his or her property as well as the public. |
| Misdemeanor: | punishable by fines or less than 1 year imprisonment. |
| Felony: | punishable by imprisonment for more than 1 year. |
| TORT: | a wrong committed by a person against another person or his or her property; tried in civil court. (Intentional or Unintentional) |
| Example: (tort) | a nurse falsely imprisons a patient by an unauthorized use of restraints. False imprisonment is an intentional tort. |
| Intentional Torts: | Assault and battery Defamation of character Invasion of privacy False imprisonment Fraud |
| Unintentional Torts: | Negligence Malpractice |
| 4 Elements of Liability: | 1.Duty 2.Breach of Duty 3.Causation 4.Damages |
| Duty: | responsibility to provide safe, competent care. accurate assessments, alert responsible professionals to change in status/condition, competent execution of safety measures. |
| Breach of Duty: | the failure to execute and document use of safety measures. (i.e. confused patient), failure to execute and document safety measures (i.e. bedrails, assisted in ambulation, restraints). |
| Causation: | Failure to use appropriate safety measures, causing the patient to fall while attempting to get out of bed and broke a hip. |
| Damages: | Fractured hip, pain and suffering, lengthened stay, need for rehab. |
| A nurse fails to raise the bedside rails for an elderly, confused patient who then falls and fractures his wrist trying to go to the bathroom alone: | Example of Causation - is the failure to use appropriate safety measures that results in injury to a person. |
| Negligence: | Failure of a person to exercise the degree of care that an ordinary prudent person would exercise in similar circumstances to prevent injury to another person or property. |
| Malpractice: (a form of negligence) | By a professional with a license. When a professional does not have or does not use the skills and knowledge commonly possessed by other members of the profession and thereby causes harm to the patient. |
| Standard of Care: (internal) | nurse’s job description education expertise individual institutional policies & procedures |
| Standard of Care: (external) | Nurse Practice Acts Professional Organizations (ANA) Nursing specialty-practice organizations (Emergency Nurses Association) Federal organizations & federal guidelines (Joint Commission, Medicare) |
| Legal Safeguards for Nurses: | Informed consent Contracts Collective bargaining Competent practice Patient education Executing physician orders Documentation Whistle-blowing Adequate staffing |
| Legal Safeguards for Nurses: cont' | Professional liability insurance Risk management programs Incident reports Joint Commission sentinel events Never events Patient bill of rights Good Samaritan Laws |
| Elements of Informed Consent: | Disclosure, Comprehension, Competence, Voluntariness |
| Disclosure: | patient/surrogate has been informed of the nature of the procedure, risks and benefits, alternatives and fact that no outcome is guaranteed. |
| Comprehension: | patient/surrogate can correctly repeat in his own words that for which they are giving consent. |
| Competence: | patient understands information needed to make this decision, is able to reason in accord with relatively consistent set of values, and can communicate a preference. |
| Voluntariness: | patient is voluntarily consenting or refusing. |
| In all healthcare agencies: | informed and voluntary consent is needed for admission, for specialized diagnostic procedures or medical surgical treatment, and for any experimental treatments or procedures. |
| Good Samaritan Law: | Protect health practitioners when they give aid to people in emergency situations. Example: you come upon an accident and give emergency care without fear of legal suit, unless grossly negligent. |
Created by:
mr209368
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