Legal Issues: RM and Disclosure

Question 1

NY State Campaign for Action GOALS

Answer 1

• Collaborate with a broad array of stakeholders
• Activate on local, state and national levels
• Communicate the call to action
• Monitor results to ensure accountability

Question 2

Risk Management for Nurses

Answer 2

• legal obligation to practice in a legally safe manner

- develop a personal risk management plan to minimize the possibility of malpractice and disciplinary actions

Question 3

Negligence

Answer 3

failure to act as a reasonably prudent person would act under the same circumstances

Question 4

Malpractice

Answer 4

negligence by a professional

Question 5

Assault

Answer 5

a threat or attempt to inflict bodily harm combined with the ability to commit the act, i.e. “If you move one more inch, I’ll tie you to the bed”

Question 6

Battery

Answer 6

intentional harmful or offensive contact tht occurs without consent (use of restraints without an order or a written policy of protocol)

Question 7

Libel

Answer 7

publication of defamatory statements (Nurses Notes will be scrutinized for libel)

Question 8

Slander

Answer 8

oral defamatory statements (can be words or gestures)

Question 9

Statute of Limitations

Answer 9

there are periods defined by state statute during which you may file a claim or it is forever barred

Question 10

Informed Consent

Answer 10

permission given for a proposed treatment of procedure following full disclosure of risks, benefits, and alternatives by the physician - when you are asked to sign your name as a witness on the consent form. Remember you are witnessing the patient’s signature only!

Question 11

Reflection

Answer 11

Important to reflect on patient care… remember you are never alone

Question 12

Disclosure (legal definition)

Answer 12

The act or process of making known something that was not previously unknown

Question 13

Disclosure (medical definition)

Answer 13

The communication of information about the outcomes of diagnostic tests, medical treatment, and surgical intervention, regardless of whether the outcomes are anticipated or unanticipated

Question 14

Joint Commission: Position on Apologies

Answer 14

• does not mandate apologies
• White Papers recommending legislation to protect disclosure and apology from being used as evidence in litigation against practitioners
• NY has no such protection

Question 15

Sorry Works Coalition

Answer 15

Public advocacy group (like Leap Frog); launched in Feb 2005… advocates for root cause analysis after every “adverse event”

Question 16

Apology

Answer 16

Not the same as disclosure; depends on institution policies; disclosure without an apology, apology may diffuse a bad situation and possibly avoid litigation … BE CAUTIOUS