Legal Dimensions Flashcards
Law in nursing
Provides framework for establishing which nursing actions in the care of clients are legal.
- differentiates nursing responsibilities from other health care professionals.
- establishes boundaries of independent nursing actions
- maintains a standard of practice by making nurses accountable.
Nursing falls under legislation
Constitutional Law
Supreme law!
- establishes general organization of federal government.
- grants power to the government.
- places limits on federal and state gov.
Federal over state
State over local
Statutory Laws
Administrative law
- passes statute administrative agency that creates rules and regulations to enforce laws.
- State Board of Nursing writes rules to enforce nursing practice act.
Nurse practice act
Each state has their own.
Protects public by legally defining and describing the scope of nursing practice.
DIFFERS STATE TO STATE
It is nurses responsibility to know what you can and cannot do!!!
Licensing
Legal permit that a gov. agency grants to individuals to engage in the practice of a profession
Mandatory in ALL states
Professional criteria
MEMBERS HAVE TO PROTECT PUBLICS SAFETY
Criminal Law
Act committed in violation of public law and punishable by a fine or imprisonment.
Felony: murder (jail)
Manslaughter: accidentally given dosage too high
Misdemeanor: less serious (DUI)
Tort (Civil) Law
Commuted against a person or persons property
- litigated in court
- something done incorrectly
- something was omitted
- intentional: forget to give meds
and unintentional: pillow over face
Misconduct or practice that is below the standard expected of an ordinary, reasonable and prudent person.
- Can be sued for up to seven years
- Nurse witness of same level
Negligence
Professional negligence, occurred while working.
- 6 elements must be present for professional negligence to be proven!
Malpractice
6 elements of Malpractice:
Duty: must have a relationship with the client. Prove you were that clients nurse.
Breach of Duty: standard of care that is expected in the specific situation but the nurse did not observe. Standard needs to be delivered. (Zebra Leg)
Foreseeability: a link must exist between nurses act and injury suffered. (You made the suffer)
Causation: must be proved that the harm occurred as a direct result of the nurses failure to follow the standards of care.
Harm or Injury: physical, financial, emotional
Damages: nurse is held liable for damages that may be compensated.
An attempt or threat to touch another person unjustifiably.
- threat!
Assault
The willful touching of a person that may or may not cause harm
- actual touching
- no consent
- embarrassing or causes injury
Battery
Informed Consent
Consent is ALWAYS required!
Client has to be able to give consent
False Imprisonment
Unjustifiable detention of someone without legal warrant to confine the person
Forceful restraint or threat of restraint is battery
He right to privacy is the right of an individual to withhold themselves and their lives from public scrutiny.
- invasion of privacy
- HIPAA
Confidentiality
HIPAA
First nationwide legislation to ensure privacy of healthcare information
Four Areas:
- electronic transfer of information (no copy and paste and no forwarding)
- standardized numbers (SS# and DOB)
- security rule: protection against healthcare (wife getting beat by husband)
- privacy rule
Nursing Student
Responsible for their own actions
Liable for their own acts of negligence
Administering an injection can be held liable
Held to the same constructs as a RN
NEVER EVER ALLOWED TK ADMINISTER MEDS WITHOUT CLINICAL INSTRUCTOR
- clinical failure
Nursing Student
Make sure you are prepared to carry out the necessary care for client.
Ask for help when needed
Comply with the policies of the agency in which they obtain their clinical experiences
Comply with the policies and definitions of responsibilities supplied by the School of Nursing
Examples of HIPAA
Store charts in a secure location.
Place charts face down
Do not leave documents unattended
Verify number dialed before faxing
Encrypt info when emailing health information
Limit access to health information to those authorized
Require health providers to have passwords to access charts
Provide a notice informing clients about their right to privacy
Lower voice when discussing clients condition
Stay up to date with HIPAA regulations
