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.
K. Burger, MSEd, MSN, RN,CNE
PPP by: Sharon Niggemeier RN MSN Revised kburger8/06
-educational requirements-licensing exam (NCLEX)-maintenance and renewal-suspension and revocation
-professional misconduct proceedings
Take a look at www.op.nysed.gov/nurse.htm
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 harmElements of Malpractice
See handout and/or NYS Department of Health Website
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
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 ?