Legal Dimensions of Nursing Flashcards
Nursing Practice Act
-varies by state
-Stay within the legal scope of practice!
(to ensure that you don’t become vulnerable to charges)
-distinguishes between the responsibilities of nurses and other members of the health care team
-provide safe and sufficient care consistent with standards of care
-refuse practice if outside area of competence
Federal Regulations
- HIPAA (Health Insurance Portability and Accountability)
- ADA (Americans with Disabilities Act)
Criminal Law
- individual vs. government
ex. fraud; a nurse who falsifies a record to cover up a mistake is guilty of breaking a criminal law
Civil Law
- protects individual rights
ex. tort law - nurses are liable, not guilty
Types of Torts: Unintentional Torts
negligence
-ex. a nurse fails to implement safety measures for a client at risk for falls
malpractice
-ex. a nurse administers a large dose of medication due to a calculation error. The client has a cardiac arrest and dies
Types of Torts: Quasi-Intentional Torts
Breach of Confidentiality
-ex. a nurse releases a client’s medical diagnosis to a member of the press
Defamation of character
-Slander: spoken
>ex. a nurse tells a coworker that she believes the client is unfaithful to her partner
-Libel: written
>ex. making a note of previous statement in patient’s charts
Types of Torts: Intentional Torts
Assault
-a threat (that makes patient feel apprehensive)
>ex. nurse threatens to place an NG tube in a client who refuses to eat
Battery
-wrongful/offensive physical contact that involves injury
>ex. A nurse restrains a patient and administers an injection without consent.
False imprisonment
-confining a patient against their will
Malpractice/Professional Negligence
failure to:
- follow facility established standards of care
- use equipment correctly
- communicate effectively with patients
- document care
- notify provider of a change in patient’s condition
- complete prescribed procedure
Client’s Rights
The legal privileges patients have when they receive service
- informed consent
- refusal of treatment
- advanced directives (DNR)
- confidentiality
- information security
- patients still retain their rights as an individual
Nursing Role in Client’s Rights
- ensure patient knows their rights
- inform patient of the aspects of care in the decision-making process
- inform patient that they have the right to accept/refuse/request a change in the plan of care
Informed Consent
-legal process where client has given written permission for procedure/treatment
>inform patient of:
»>the reason why they need treatment
»>how it will benefit them
»>risks involved w/ treatment
»>other options (including not treating problem)
Guidelines for Informed Consent
- Patients must consent to all care they receive!
- for less invasive nursing care, implied consent is adequate
- for invasive procedure/surgery, written consent is required
Who may grant consent for another person?
Parent of minor
legal guardian
court specified representative
emancipated minor may consent for themselves
Refusal of Treatment
- competent adults have the right to refuse treatment
- they have the right to leave a facility without being discharged by the provider
- if they do leave w/o being discharged nurse must inform care provider and discuss with patient the risks of leaving
Nurse’s Responsibility for Informed Consent
- ensure provider gave all necessary info to patient
- ensure patient understood info and is competent enough to give consent
- document questions patient has, notify provider, reinforce teaching (use interpreter if need be)
