Legal Issues
Why is it important to understand the legal issues that impact nursing practice?
Sources of Law
Statutory law
State statutes
Criminal or Civil
Regulatory law
Common law
Federal Statutory Issues in Nursing Practice
ADA (Americans with Disabilities Act)
Emergency Medical Treatment and Active Labor Act (EMTALA)
Mental Health Parity Act
Patient Self Determination Act (PSDA)
Advance Directives
Uniform Anatomical Gift Act
HIPAA
Restraints
State Statutory Issues in Nursing Practice
Licensure
Good Samaritan Laws
Public Health Laws
Uniform Determination of Death Act
Physician-Assisted Suicide
Common Law Issues in Nursing Practice
Consent
Informed Consent
Right to refuse treatment
Abortion issues
Student Nurses
Malpractice Insurance
Abandonment and Assignment issues
Civil Law Issues in Nursing Practice
Torts
Intentional,
Assault, battery, invasion of privacy, defamation of character
Unintentional
Negligence
Malpractice
Licensure
Licensed by State Board of Nursing
Minimum education requirements
Successful completion of licensure exam (NCLEX)
Can be suspended or revoked
Standards of Care
Legal guidelines for nursing practice
Defined in Nurse Practice Act and by State Boards of Nursing
Measure of nursing conduct to determine whether or not nurse acted as any
“reasonably prudent” nurse would act under the same or similar situation
Also defined by professional or specialty organizations
Scope of Practice
Defined by:
Nurse Practice Acts
Code of Ethics
Organization Standards
Policy and Procedure Manuals
Negligence
Conduct that falls below the standard of care. . . that which a reasonable and
prudent person would use in the same situation
Malpractice
One type of negligence. . . Professional negligence
Criteria for Determining Malpractice
Nurse (defendant) owes a duty to the client/patient (plaintiff)
Duty not carried out by the nurse
Patient was injured
Nurse’s failure to carry out the duty caused the injury (cause and effect)
Risk Management
“system of ensuring appropriate nursing care that attempts to identify potential
hazards and eliminate them before harm occurs.”
Risk Management Steps
Identifying possible risks
Analyzing the possible risks
Acting to reduce risks
Evaluating steps taken
To Decrease Chance of Liability
Caring, respectful attitude Physician orders
Standards of care Staffing issues
Documentation/reporting Malpractice insurance
Confidentiality
Informed consent