1 / 16

Legal Aspects of Nursing

Legal Aspects of Nursing . NUR101 FALL 2008 LECTURE #21 K. Burger, MSEd, MSN, RN,CNE PPP by: Sharon Niggemeier RN MSN Revised kburger8/06. Legal Aspects. Legal accountability for all nursing actions rests with the nurse.

jyotika-surya
Download Presentation

Legal Aspects of Nursing

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Legal Aspects of Nursing NUR101FALL 2008 LECTURE #21 K. Burger, MSEd, MSN, RN,CNE PPP by: Sharon Niggemeier RN MSN Revised kburger8/06

  2. Legal Aspects • Legal accountability for all nursing actions rests with the nurse. • Nurses andstudent nurses are legally responsible for their actions

  3. Regulation of Nursing Practice • Regulated by lawsNew York State Nurse Practice ActPatient Self-determination Act (PSDA)Health Insurance Portability and Accountability Act ( HIPAA)Americans with Disabilities Act ( ADA)Medicaid Statutes / Resident’s RightsPublic Health Laws

  4. Regulation of Nursing Practice • Regulated by Standards of Careguidelines developed by:-nursing organizations such as ANA-state boards of nursing-health care institutions-procedural textbooks-written nursing policies/proceduresMandated by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO)

  5. Licensure of Nursing Practice • Licensure requirements are set by State Board of Nursing -educational requirements-licensing exam (NCLEX)-maintenance and renewal-suspension and revocation -professional misconduct proceedings Take a look at www.op.nysed.gov/nurse.htm

  6. The State Board of Nursing may revoke or suspend a nurses license for willfully violating the nurse practice act: • drug/ETOH abuse (most common) • fraud ( in obtaining license) • conviction of a felony • gross or ordinary negligence • previous disciplinary actions in other states • physical / mental impairments • practicing after your license expires

  7. Types of Legal Action- Crimes • Criminal Action • a wrong against persons and society • criminal court • punishable by imprisonment Felony Misdemeanor

  8. Types of Legal Actions- Torts • Civil Action- Tort • A wrong against an individuals rights or property • civil court • punishment usually with monetary settlement • tort may also be a crime and tried in both courts Intentional Unintentional

  9. Intentional: fraud invasion of privacy defamation of character false imprisonment assault and/or battery Unintentional: negligence Malpractice = negligence as it applies to a profession Torts

  10. FOUR elements must be met to prove guilty of malpractice Duty- (relationship) nurses responsibility to provide care in an acceptable manner Breach of Duty- failed to provide care in acceptable manner Injury(damages)- nurses act caused harm Proximate cause-reasonable cause and effect can be shown between the omission or commission and the harm Elements of Malpractice

  11. Common Malpractice Allegations • Failure to maintain safety • Improper technique/treatment • Failure to monitor and report • Medication errors • Failure to follow policy/procedures • Poor documentation • Improper use of equipment

  12. Protecting Yourself • Practice safely & competentlyAlways follow standards of care!! • Develop a caring relationship with your pt • Communicate, communicate, communicate! • Document, document, document!

  13. Protecting Yourself • Remember - the nurse enters into a contractual obligation ( ethical AND legal) when caring for a client. • You are responsible for the actions of your ancillary staff ( Respondent superior ) • Carry your own liability insurance • You have increased responsibility in regards to Good Samaritan Laws.

  14. Patient’s Bill of Rights • Every patient has rights under PUBLIC HEALTH LAW See handout and/or NYS Department of Health Website

  15. Informed Consent INCLUDES: • Explanation of procedure • Explanation of risks, anticipated discomfort • Explanation of alternatives Client has right to refuse Client must be competent and of legal age It is the physician’s duty to obtain informed consent It is the nurse’s duty to verify that client was informed

  16. Critical Thinking Exercise While transporting a client down the hall on a stretcher, Nurse Black stops to chat with an orderly. The side rails on the stretcher are down, and while Nurse Black has her back to the stretcher, the client rolls over, falls off the stretcher, and fractures his hip. In a lawsuit by the client against Nurse Black, what must the client establish to prove negligence against the nurse ?

More Related