ch23slides.pptx

Fundamentals of Nursing, 11th Edition Patricia A. Potter, RN, MSN, PhD, FAAN Anne Griffin Perry, RN, MSN, EdD, FAAN Patricia A. Stockert, RN, BSN, MS, PhD Amy Hall, RN, BSN, MS, PhD, CNE  Chapter 23 Legal Implications in Nursing Practice  Legal Limits of Nursing (1...

Fundamentals of Nursing, 11th Edition Patricia A. Potter, RN, MSN, PhD, FAAN Anne Griffin Perry, RN, MSN, EdD, FAAN Patricia A. Stockert, RN, BSN, MS, PhD Amy Hall, RN, BSN, MS, PhD, CNE  Chapter 23 Legal Implications in Nursing Practice  Legal Limits of Nursing (1 of 2)  Sources of law  Constitutional law  Statutory law Civil law (nurse practice acts) Criminal law (felonies or misdemeanors)  Administrative law (regulatory law)  Common law  Case law (decisions made in legal cases) 3  Legal Limits of Nursing (2 of 2)  Scope and standards of nursing  Defines nursing and reflects the values of the nursing profession  Standards of nursing care  Reflect the knowledge and skill ordinarily possessed and used by nurses 4  Federal Statutes Affecting Nursing Practice (1 of 5)  Patient Protection and Affordable Care Act (PPACA)  Consumer rights and protections  Affordable health care coverage  Increased access to care  Quality of care that meets the needs of patients 5  Federal Statutes Affecting Nursing Practice (2 of 5)  Emergency Medical Treatment and Active Labor Act  Prohibits the transfer of patients from private to public hospitals without appropriate screening and stabilization  Health Insurance Portability and Accountability Act (HIPAA)  Provides rights to patients and protects employees 6  Federal Statutes Affecting Nursing Practice (3 of 5)  Health Information Technology Act  Nurses must ensure PHI is protected  Americans with Disabilities Act (ADA)  Protects rights of people with physical or mental disabilities 7  Federal Statutes Affecting Nursing Practice (4 of 5)  Mental Health Parity and Addiction Equity Act  Requires health insurance companies to provide coverage for mental health and substance use disorder (SUD) treatment  Patient Self-Determination Act  Requires health care institutions to provide written information to patients concerning their rights to make decisions about their care, including the right to refuse treatment and to formulate an advance directive 8  Federal Statutes Affecting Nursing Practice (5 of 5)  Uniform Anatomical Gift Act  Provides the foundation for the national organ donation system  The Omnibus Budget Reconciliation Act (1986)  Altered the way in which health care is provided to older adults 9  State Statutes Affecting Nursing Practice (1 of 4)  Nurse practice acts  State laws intended to protect citizens, make nurses accountable and assure that care is consistent with best practice within the scope and standards of nursing  Licensure  Nurse licensure compact 10  State Statutes Affecting Nursing Practice (2 of 4)  Health care acts and informed consent  The patient Receives an explanation of the procedure Receives the names and qualifications of people performing and assisting in the procedure Receives a description of the serious harm, including death, that may occur and the anticipated pain and/or discomfort Receives an explanation of alternative therapies and the risks of doing nothing Knows that he or she has the right to refuse the procedure or treatment without discontinuing other supportive care Knows that he or she may refuse the procedure or treatment even after the procedure has begun 11  State Statutes Affecting Nursing Practice (3 of 4)  Good Samaritan laws  Limit liability and offer legal immunity if a nurse helps at the scene of an accident  Public health laws  Laws affect individuals, populations, and communities  Are intended to improve the health of people  Termination of pregnancy  Laws vary by state  Know the law in your state related to termination of pregnancy before working in this area of practice 12  State Statutes Affecting Nursing Practice (4 of 4)  Physician-assisted suicide  Laws vary by state  Know your state’s laws and ensure that your practice falls within the laws’ requirements  The Uniform Determination of Death Act  Determines actual death 13  Nursing Workforce Guidelines  Staffing and nurse-to-patient ratios  Nursing assignments  Patient abandonment  Nurse delegation  Nursing students 14 Legal Implications and Reducing Your Legal Risks (1 of 5)  Torts  Civil wrongful acts or omissions of care made against a person or property  Quasi-intentional torts  Acts in which a person may not intend to cause harm to another but does  Unintentional torts  Arise when a person is harmed and the person inflicting the harm knew, or should have known, that these actions were less than the accepted scope and standard of practice 15 Legal Implications and Reducing Your Legal Risks (2 of 5)  Negligence  Conduct that falls below the generally accepted standard of care of a reasonably prudent person  Malpractice  A type of negligence; the person being held liable for malpractice must be a professional  Standard of proof  What a reasonably prudent nurse would do under similar circumstances in the geographical area in which the alleged breach occurred 16 Legal Implications and Reducing Your Legal Risks (3 of 5)  Malpractice insurance  Contract between an insurance company and a nurse or employer that is intended to cover costs incurred when a patient sues the employer and/or the nurse  Nurse experts  When a case that involves nursing care is filed, a nursing expert will often testify about the standards of nursing care as applied to the facts of a case 17 Legal Implications and Reducing Your Legal Risks (4 of 5)  Reducing legal risks  In addition to being aware of the actions taken at the organizational level by your employer, it is important that you remain involved in the nursing profession to reduce your personal legal risk.  Risk management and performance/quality improvement  Programs help to reduce a nurse’s legal risk for malpractice and negligence because they help to identify potential hazards and eliminate them before harm occurs. 18 Legal Implications and Reducing Your Legal Risks (5 of 5)  Professional involvement  It is important to implement actions in your own practice that will help reduce your legal risk.  Develop and use clinical judgment to identify patient needs and make sound clinical decisions.  Remain aware of current issues in healthcare.  Become involved in professional organizations and committees that define the standards of care for nursing practice. 19