Legal Principles in Nursing Potter

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Legal Principles in NursingPotter
PerryChapter 3 Sandra Gallagher RN,
MSNModified Cathie Hansen RN, MSN
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What is the Nurse Practice Act?

• state delineated (statutory)
• may vary from state to state

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Legal Responsibilities and Obligations of RNs in
Practice

• Understand the law
• Know standards of care
• Nurse Practice Act
• Informed consent

• Order completion
• Staffing standards
• Confidentiality
• Client advocacy
• Incident reports

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What is the Standard utilized by Nurses?

• Legislature-passed Nursing Practice Act
• Prof organizations e.g., American Nurses
  Association
• Specialty organizations e.g. (OR/OB)
• JCAHO, 1999

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What are the areas of Potential Liability?

• Standards of Care (SOC)
• Confidentiality
• Consent
• Chain of Command
• Documentation
• Standards of practice

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Crime

• Crime harm to society that has 2 classifications

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Tort

• Civil wrong against a person or property.
• May be intentional or unintentional
• Intentional Torts assault, battery, invasion of
  privacy, defamation of character

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Unintentional Torts

• Negligence Conduct that falls below the
  Standards of Care
• Malpractice a type of negligence it is
  referred to as professional negligence

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Proof of Negligence

• Owed duty
• Breach of duty
• Proximate Cause
• Damages

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How do I reduce my Legal Risk?

• Competent care
• 2. Standard of Care
• Communication
• Presence
• Current literature
• Physician and Prescriptions
• Know ct injury sources
• Report clients changes ASAP

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Risk Management

• ensures appropriate nursing care
• Identifying and analyzing risks, acts to reduce
  the risk and evaluates the steps taken.
• Name one tool used in risk management?

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Incident Reporting

• Not discoverable
• Must be thorough, accurate, factual, complete and
  timely
• Used as a part of quality management

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Advanced Directives

• Hospitals are required to provide written
  information to clients concerning the clients
  right under state laws to make decisions,
  including the right to refuse medications
• need to determine the presence of a Living Will
  prior to emergent situation

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Good Samaritan Act

• Health care providers are more likely to provide
  assistance to accident victims

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Informed Consent

• Mentally capable
• Voluntary consent
• Thorough understanding
• Right to have all questions answered
• Action without consent battery

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..now go be a Prudent Student Nurse!
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Case Review on the Docket