Legal Issues Flashcards
Nurses’ Legal Responsibility
obligation to practice and direct the practice of others under the nurse’s supervision so that harm or injury to the client is prevented and the standards of care are maintained
“ignorance of the law”
not a defensible position in a lawsuit ot trial
Standard of Care
- knowledge and skill that an ordinary, reasonably prudent nurse would possess and exercise in the same or similar circumstances
- determined by the testimony of an “expert” witness
NPA
- defines the legal scope of practice of professional nursing
- varies state to state
- delineates standards for the competent use of the nursing process
Ultimate purpose of the NPA
- protect the public from practitioners who are less than competent
- legalizes the nurse’s role as a patient advocate
Liability
-assert that every person is responsible for the wrong or injury done to another as result of carelessness
Personal liability
- requires nurse to assume responsiblity for patient harm or injury that is a result of negligent acts
- nurse cannot be relieved of liability by another professional such as a physician or nurse manager
Personal liability with floating and cross training
- in no case is a nurse permitted to render services if the requisite knowledge to act competently is lacking
- nurses have a legal duty to refuse specific tasks that they cannot perform safely and competently but should consider negotiation and compromise with the supervisor
Personal Liability fo r the CN
CNs have been held negligent for issues surrounding:
- triage of staff and equipment
- supervision of subordinates
- delegation of patient care tasks
- reporting of team member performance deficits in any supe
- supporting or invoking the chain of command process when indicated
RNs functioning in the orle of CN or in any supervisory capacity should review the following…
- detailed job description, including responsibilities when asked to supervise in an unfamiliar area or floor
- job descriptions for team members
- formal period of training and mentoring in the role
- validated proof of competencies
- guidelines for personal patient care assignments
- chain of command
Nurse managers and administrators held liable for…
- inadequate training
- failure to periodically re-eval staff competencies
- failure to discipline or terminate unsafe workers
- negligence in developing appropriate policies and procedures
- failure to uphold institutional licensing laws and state and federal statutes
Defenses against claims of vicarious liability
- borrowed servant and “captain of the ship” doctrines
- employer also may be liable for negligent conduct of nurses within the scope of their employment
- based on the legal principle of respondeat superior (let the masster answer)–adequate numbers of qualified nursing staff
Corporate liability
- HC corporation can be held to a specified standard of care
- HC facilities have been found coporately liable for failing to have adequate numbers of qualified nursing staff
- TJC has developed standards related to orientation, training, and education of agency staff
Reducing Legal Liability: Risk management systems
- track incidents and accidents in the facility
- assist in the development of policies and procedures to improve practice
- provide knowledge about federal and state laws, licensing laws, and HC case law
Negligence
- acts of omission or commission
- if negligent acts committed in your capacity as a professional, it is considered malpractice
