DHSR Approved CurriculumUnit 5 1 DHSR Approved CurriculumUnit

DHSR Approved Curriculum-Unit 5 1

DHSR Approved Curriculum-Unit 5 2

LEGAL ISSUES IN NURSING PRACTICE DHSR Approved Curriculum-Unit 5 3

LEGAL ISSUES Emergency care focuses our attention on: §interaction of nursing and law §legal liability §medical-legal issues DHSR Approved Curriculum-Unit 5 4

5. 3 List six legal responsibilities of a nurse aide. DHSR Approved Curriculum-Unit 5 5

Legal Issues • Authorized or based on law – Legislated by state and federal government – Liable if laws not obeyed • Fines • Imprisonment DHSR Approved Curriculum-Unit 5 6

Legal Issues (continued) • No fear of breaking laws if nurse aide: – performs only acts within scope of nurse aide – keeps skills and knowledge current – keeps resident’s safety and wellbeing in mind – understands directions for care DHSR Approved Curriculum-Unit 5 7

Legal Issues (continued) • No fear of breaking laws if nurse aide: – follows facility policy – does no harm to residents or their belongings • Laws designed to protect public welfare DHSR Approved Curriculum-Unit 5 8

5. 3. 1 Give examples of malpractice and negligence. DHSR Approved Curriculum-Unit 5 9

Legal Issues: Civil Law Examples Of Torts • Malpractice – Giving care for which you are not allowed legally to do – Providing improper care DHSR Approved Curriculum-Unit 5 10

Legal Issues: Civil Law Examples Of Torts (continued) • Malpractice – Example: nurse aide giving medication – Example: nurse aide performing treatment only allowed by licensed nurses DHSR Approved Curriculum-Unit 5 11

Legal Issues: Civil Law Examples Of Torts (continued) • Negligence – Unintentional wrong – Failure to perform in reasonably prudent manner DHSR Approved Curriculum-Unit 5 12

Legal Issues: Civil Law Examples Of Torts (continued) • Negligence – Example: brakes on a wheelchair not locked and resident falls – Example: defective equipment not reported and resident is harmed DHSR Approved Curriculum-Unit 5 13

Legal Issues: Civil Law Examples Of Torts (continued) • Assault – Care or treatment without proper consent (intentional) – Threatening to injure a resident or co-worker DHSR Approved Curriculum-Unit 5 14

Legal Issues: Civil Law Examples Of Torts (continued) • Assault – Example: rough treatment of residents during care – Example: performing procedure resident has refused – Example: threatening to restrain resident DHSR Approved Curriculum-Unit 5 15

Legal Issues: Civil Law Examples Of Torts (continued) • Battery – Unlawful touching of another person without his or her consent DHSR Approved Curriculum-Unit 5 16

Legal Issues: Civil Law Examples Of Torts (continued) • Battery – Example: nurse aide striking resident – Example: does procedure resident refuses DHSR Approved Curriculum-Unit 5 17

Legal Issues: Civil Law Examples Of Torts (continued) • Battery – Get informed consent • Written – safest • Verbal • Gesture DHSR Approved Curriculum-Unit 5 18

Legal Issues: Civil Law Examples Of Torts (continued) • Invasion of privacy – Unnecessary exposure of individual – Revealing personal information without consent DHSR Approved Curriculum-Unit 5 19

Legal Issues: Civil Law Examples Of Torts (continued) • Invasion of privacy – Example: giving news media information without resident’s permission – Example: giving information to insurance company without permission DHSR Approved Curriculum-Unit 5 20

Legal Issues: Civil Law Examples Of Torts (continued) • False imprisonment – Restraining an individual – Restricting resident’s freedom DHSR Approved Curriculum-Unit 5 21

Legal Issues: Civil Law Examples Of Torts (continued) • False imprisonment – Example: use of physical restraints without authorization or justification – Example: preventing resident from leaving facility against resident’s will DHSR Approved Curriculum-Unit 5 22

Legal Issues: Civil Law Examples Of Torts (continued) • Defamation – False statements that cause a resident to be ridiculed or cause damage to their reputation • Example: slander – spoken • Example: libel – written DHSR Approved Curriculum-Unit 5 23

5. 3. 2 Identify the responsibilities of the nurse aide when a resident wishes to make a will. DHSR Approved Curriculum-Unit 5 24

Wills • Legal document giving direction on how resident wants property distributed after death – Refer requests to prepare will to supervisor – Nurse aide may witness signing of will • Check facility policy • Discuss with supervisor DHSR Approved Curriculum-Unit 5 25

NEGLIGENCE AND MALPRACTICE Definitions §Negligence is a deviation from the accepted standard of care which places a person at risk. §Malpractice is professional negligence when the conduct fails to meet the legal standard of care and someone is damaged as a result. DHSR Approved Curriculum-Unit 5 26

ELEMENTS OF A LAWSUIT § DUTY - A nurse-client relationship exists and judges the action compared to others in like circumstances § BREACH OF DUTY - Failure to perform to the standard § CAUSATION - Connection between action and injury § DAMAGES - Actual loss which occurred DHSR Approved Curriculum-Unit 5 27

STANDARD OF CARE § State Nurse Practice Act § ANA-Standards of Clinical Nursing Practice § National Association of School Nurses (NASN) § School policy and protocols § CPR or BLS national standards DHSR Approved Curriculum-Unit 5 28

RELATED LEGAL ISSUES § Abandonment § Transport of injured or ill student by private § Substance Abuse automobile ü immunity from liability ü state decision § Consent for treatment ü informed § Good faith reporting ü implied ü minors § Drug testing DHSR Approved Curriculum-Unit 5 29

DOCUMENTATION HELPFUL HINTS REGARDING DOCUMENTATION § § § § Are all entries legible ? Are there grammatical or spelling errors ? Are entries signed correctly ? Are entries dated and timed ? Is the chart free of erasures and other alterations ? Are entries made in black ink ? Are known allergies highlighted ? DHSR Approved Curriculum-Unit 5 30

Students Rights Within the School § Schools must show reasonable suspicion, for conducting a search. § Searches are restricted to the individual involved § Some states regard locker searches the same as personal searches. DHSR Approved Curriculum-Unit 5 31

Special Issues § Child Maltreatment § Includes abuse and neglect § Your reporting responsibilities § Mandated reporter § Do Not Resuscitate (DNR) § Automated External Defibrillators (AED) DHSR Approved Curriculum-Unit 5 32

Delegation by School Nurses FOUR ITEMS TO CONSIDER WHEN DELEGATING § RIGHT TASK § RIGHT PERSON § RIGHT DIRECTION § RIGHT SUPERVISION DHSR Approved Curriculum-Unit 5 33

HIPAA Regulations Health Insurance Portability and Accountability Act § Confidentiality measures § Schools may be indirectly affected § Investigate any HIPAA related policies your school district may have in place DHSR Approved Curriculum-Unit 5 34

Summary Keep in mind that practicing in a reasonable, professional manner and documenting your judgment and actions are the best defenses against litigation. DHSR Approved Curriculum-Unit 5 35

ANY QUESTIONS? ? DHSR Approved Curriculum-Unit 5 36

DHSR Approved Curriculum-Unit 5 37