Basic Nursing Foundations of Skills Concepts Chapter 6
Basic Nursing: Foundations of Skills & Concepts Chapter 6 LEGAL RESPONSIBILITIES
The Laws may be thought of as rules of conduct that guide interactions among people.
Two Types of Law n Public Law: Deals with an individual’s relationship to the state. n Civil Law: Deals with relationships among individuals.
Types of Public Law Constitutional Law - defines and limits powers of government. n Statutory Law - enacted by legislative bodies. n Administrative Law - regulatory laws. n Criminal Law - deals with acts against safety and welfare of the public. n
Types of Civil Law n Contract Law (the enforcement of agreements among private individuals). n Torts (civil wrongs committed by a person against another person or property).
Nursing Practice & the Law n Nursing practice falls under both public and civil law. n Nurses are bound by rules and regulations stipulated by the nursing practice act as determined by the State legislature.
Standards of Practice n Guidelines developed under the auspices of the nursing practice acts to direct nursing care. n Liability is determined by whether the nurse adhered to the standards of practice.
Legal Issues in Practice n n n Physician’s Orders - nurses are liable for carrying out erroneous orders. Floating - nurses must be given orientation when “floated” to unfamiliar areas. Inadequate Staffing - nurses leaving an inadequately staffed units may be liable. Critical Care - nurses must constantly observe and assess. Pediatric Care - nurses must report any suspected child abuse.
Legal Issues in Nurse-Client Relationships Intentional Torts: n n n Assault and Battery. Defamation. Fraud. False Imprisonment. Invasion of Privacy.
Legal Issues in Nurse-Client Relationships Unintentional Torts: n Negligence - A general term referring to negligent or careless acts on the part of an individual who is not exercising reasonable or prudent judgment. n Malpractice - Negligent acts on the part of a professional.
Documentation n A client’s clinical history is the medical record, or chart, a legal document. n “If it was not charted, it was not done. ”
Documentation Protocol n Documentation must be accurate and objective. n Entries must be neat, legible, spelled correctly, written clearly, and signed or initialed.
Informed Consent Informed consent occurs when: n n n The nurse discusses the surgical procedure with the client. The client understands the risks, benefits, and alternatives to treatment. The client signs the consent form.
Incident Report n A risk management tool used to describe and report any unusual event that occurs to a client, a visitor, or staff member.
Advance Directive n A written instruction for health care recognized under state law and related to the provision of such care when the individual is incapacitated.
Advance Directive Documents Durable Power of Attorney - Designates who may make health care decisions for a client when that client is no longer capable of decision making. n Living Will - Allows a person to state preferences about use of life-sustaining measures when person is unable to make wishes known. n
Malpractice Insurance Many institutions provide insurance to nurses. n Personal insurance provides off the job coverage and individual legal counsel. n
Impaired Nurses n A nurse who is habitually intemperate or is addicted to the use of alcohol or habit -forming drugs.
Impaired Nurses are Everyone’s Concern n Dates and times of inappropriate behavior should be documented and reported.
Impaired Nurses: Rehabilitation Some employers offer an employee assistance program for the impaired nurse. n Most states have peer assistance programs to aid in rehabilitation. n
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