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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.

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legal aspects of nursing

Legal Aspects of Nursing

NUR101FALL 2008

LECTURE #21

K. Burger, MSEd, MSN, RN,CNE

PPP by: Sharon Niggemeier RN MSN Revised kburger8/06

legal aspects
Legal Aspects
  • Legal accountability for all nursing actions rests with the nurse.
  • Nurses andstudent nurses are legally responsible for their actions
regulation of nursing practice
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
regulation of nursing practice4
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)
licensure of nursing practice
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

slide6
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
types of legal action crimes
Types of Legal Action- Crimes
  • Criminal Action
    • a wrong against persons and society
    • criminal court
    • punishable by imprisonment

Felony

Misdemeanor

types of legal actions torts
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

torts
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
elements of malpractice
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
common malpractice allegations
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
protecting yourself
Protecting Yourself
  • Practice safely & competentlyAlways follow standards of care!!
  • Develop a caring relationship with your pt
  • Communicate, communicate, communicate!
  • Document, document, document!
protecting yourself13
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.
patient s bill of rights
Patient’s Bill of Rights
  • Every patient has rights under PUBLIC HEALTH LAW

See handout and/or NYS Department of Health Website

informed consent
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

critical thinking exercise
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 ?