Legal systems
Please answer the following 3 questions. Each answer must be at least 3 paragraphs for each question to receive full credit. Research at least 3 sources to substantiate your answer and include in your references. As usual, be sure to post on at least one other students board and include a reference.
1. What is the importance of the legal system for nurses?
2. Describe strategies for avoiding legal problems in Nursing.
3. Describe the elements of malpractice and negligence and describe an example of a case that negligence was exhibited.
Law and the
Professional Nurse
Chapter 15
Sources of Law
• Statutory law
• Administrative law
(regulatory)
• Case law
• Enforcing the law
– Civil
– Criminal
Civil Case Flowchart
Complaint
Answer
Trial setting conference
Trial
Judgment
Settlement conference
Settlement
Compulsory arbitration
Notice of decision/aw
ard
Dismissed Appeal and
motion to set trial
Judgment
Dismissed without
prejudice
Application for default judgment
Default judgment
Nursing Scope and Standards
• Nursing scope of practice describes who, what,
where, when, why, and how of nursing
practice
• Standards of nursing practice defined as
“authoritative statements of the duties of all
registered nurses, regardless of role,
population or specialty, are expected to
perform competently”
Professional Performance Standards
• Ethics
• Education
• Evidence-based
practice and research
• Quality of practice
• Communication
• Leadership
• Collaboration
• Professional practice
evaluation
• Resource utilization
• Environmental health
• Cultural congruence
Standards: State Boards of Nursing
• Develop scope of practice statements for licensure
• Expand scope statements for advanced practice
nurses
• Make decisions about new practices and procedures
• Define new categories of licensure, recognition, and
certification
• Determine appropriateness and level of discipline
• Define state accreditation of nursing educational
programs
Evidence of Standards of Care
Used in Court
• Statutes
• Agency regulations
• Accreditation standards
• Facility documents such as policies and procedures, job
descriptions
• Professional nursing guidelines
• Manufacturers’ instructions related to medical equipment
• Nursing literature
• Expert testimony
Negligence and Malpractice
• Negligence is defined as the failure to act as a
reasonably prudent person would have acted in
a specific situation
• Malpractice is the failure of a professional to
use such care as a reasonably prudent member
of the profession would use under similar
circumstances, which leads to harm
Elements to Prove in Successful
Malpractice Case
• Duty owed to the patient
• Breach of the duty owed the patient
• Foreseeability
• Causation
• Injury or harm
• Damages
Avoiding Malpractice and Negligence
• Manage stress
• Adhere to standards of care
• Work in environments that encourage
examination of incidents
• Change systems to lower the risk of
malpractice
Nursing Licensure
• Registration
• Mandatory licensure
• Certification
• Endorsement
• Nurse Licensure Compact
• National Council of State Boards of Nursing
initial licensure exam (NCLEX)
The Nursing Licensure Compact
Explained Video
https://www.ncsbn.org/364.htm
https://www.ncsbn.org/364.htm
State Boards of Nursing
• Obligation to protect safety of public
• Nurse Practice Acts
• Disciplinary actions
• Alternative programs
Board of Nursing Complaint Process:
Investigation to Resolution Video
https://www.ncsbn.org/426.htm
https://www.ncsbn.org/426.htm
Informed Consent
• A brief but complete explanation of the patient
diagnosis and proposed treatment or procedure
• The name and qualifications of the person who will
perform the procedure or treatment
• Information related to available alternatives to the
recommended treatment
• Information related to possible complications of the
treatment or procedure
• An explanation related to the patient’s right to refuse
treatment without having care discontinued
Standards of Informed Consent
• The medical standard—what is regarded as a
material risk in the medical community
• What a reasonable patient would need to know
• What a particular patient needs to know
Nurse’s Role in Informed Consent
• Facilitating informed consent for patient care
as a part of providing patient-centered care
• Advocate for patient
• Witness to patient signature
Transparent Health−The Story of
Michael Skolnik Video
Privacy and Confidentiality
• Privacy is the right of a person to be free from
unwanted intrusion into the person’s personal
affairs
• Confidentiality of patient information is the
obligation of all healthcare providers
HIPAA (1 of 2)
• Patients must be informed of their privacy
rights
• Patients must be informed as to who will see
their records and for what purpose
• Patients have the right to inspect and obtain a
copy of their medical records
• Personal data may not be used for marketing
HIPPA (2 of 2)
• Valid authorization to release health information
must contain certain information, such as a copy
of the signed authorization given to the patient, in
understandable language, and information about
how the patient may revoke this authorization
• Although information may be used for research
purposes to assess outbreak of a disease, all
individual identifiable data must be removed
Your New Rights Under HIPAA Video
HIPAA Complaint Process
Five Rights of Delegation
• The right task
• The right circumstances
• The right person
• The right direction and communication
• The right supervision and evaluation
The National Council of State Boards
of Nursing’s Delegating Effectively
Video
https://www.ncsbn.org/378.htm
https://www.ncsbn.org/378.htm
Model of Professional Nursing
Practice Regulation
http://www.nursingworld.org/modelofpracticereg
ulation
http://www.nursingworld.org/modelofpracticeregulation
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