Legal implications of nursing Flashcards
Board of Nursing Complaint Process: Investigation to Resolution
Once a complaint is filed with a board of nursing, the boards have a complaint process that they follow from review to resolution.
The complaint
Received by the board of nursing
Include nursing practice etc.
Who can file a complaint?
Anyone, including the nurse themselves (self-report)
What other complaints can be filed?
Criminal or civil charges
Due process
Right to respond
Resolution process is fair
Right to attorney
If no violation is found
Complaint closed
complaint resolution
agreement negotiations
Informal hearing results
in writing, and whether or not it will be public
Administrative hearing
complaint resolution
Is disciplinary warranted? what kind?
decided by Board of Nursing
Board actions may include
reprimand letter of concern fine Recovery of costs Alternative to discipline referral situational Practice limitation or restriction Probation suspension of license Denial of licensure
reporting of complaint/discipline
newsletter
database
etc.
Definition of Law
Standard or rule of conduct established and enforced by government.
Designed to protect the rights of the public
Litigation
process of bringing and trying a lawsuit
Plaintiff/defendant
person bringing suit
person being accused of a crime
Presumed innocent until proven guilty
Public law
government is directly involved
Regulates relationships between individuals and government
Private law
civil law
Regulates relationships among people
Criminal law
concerns state and federal criminal statutes
Defines criminal actions (e.g., murder, theft)
Constitutions
serve as guides to legislative bodies
Statutory law
enacted by a legislative body- regulates the practice of nursing…
Administrative law
empowered by executive
officers
Common law
judiciary system reconciles controversies, creates body of common law
Nurse practice
acts each state has its own nurse practice act that protects the public by defining the legal scope of practice.
Standards
Can be voluntary or legal
credentialing
ways in which professional competence is ensured and maintained
Accreditation
Licensure
Certification
T or F: The state nurse practice act is the most important law affecting nursing practice.
A. True
The state nurse practice act is the most important law affecting nursing practice. Each nurse practice act protects the public by broadly defining the legal scope of nursing practice.
Reasons for suspending or revoking a license
Drug or alcohol abuse
Fraud, deceptive practice
Criminal acts, previous disciplinary actions
Gross or ordinary negligence
Physical or mental impairments including age
Nurse’s Best Defense of License Investigation
Early legal counseling
Character and expert witnesses
Thorough preparation for all proceedings
Crime
wrong against a person or his or her property as well as the public
Misdemeanor—
punishable by fines or less than 1 year imprisonment
Felony—
(murder/rape) punishable by imprisonment for more than 1 year
Tort
a wrong committed by a person against another person or his or her property; tried in civil court
Intentional tort
Assault battery Defamation of character Invasion of privacy False imprisonment Fraud
Assault/battery
Threat (assault) or act that is carried out
Defamation of character
derogatory comments that hurt another’s reputation
Slander
Invasion of privacy
keeping items/ pt info confidential…Health Insurance Portability and Accountability Act (HIPPA)
False imprisonment
unjustified retention of another person without proper consent.
Fraud
the willful and purposeful misrepresentation that could cause loss or harm to a person or property
Unintentional tort
Negligence
Malpractice
Negligence
performing (or not performing) an act that a “reasonably prudent” nurse under similar circumstances would (or would not) do.
“What would the reasonably prudent nurse do?”
Malpractice
negligence by professional personnel.
Four elements of liability
Duty
Breach of Duty
Causation
Damage
3 outcomes of malpractice litigation
All parties work toward fair settlement.
Case is presented to malpractice arbitration panel.
Case is brought to trial court.
Roles of nurses in legal proceedings
defendant, fact witness, expert witness
Legal safeguards for nurses
Informed consent Contracts Collective bargaining Competent practice Patient education Executing physician orders Documentation Whistle-blowing Adequate staffing Professional liability insurance Risk management programs Incident reports, JCAHO sentinel events Never events Patient bill of rights Good Samaritan Laws
Info contained in incident reports
Complete name of person and names of witnesses
Factual account of incident
Date, time, and place of incident
Pertinent characteristics of person involved
Any equipment or resources being used
Any other important variables
Documentation by physician of medical examination of person involved
Safeguards to competent practice
Respecting legal boundaries of practice
Following institutional procedures and policies
Owning personal strengths and weaknesses
Evaluating proposed assignments
Keeping current
Respecting patient rights and developing rapport with patients
Keeping careful documentation
Working within agency for management policies
What is the key to competent practice
Careful documentation
