Legal Aspects of Nursing PDF

LECTURE OF LEGAL ASPECTS OF NURSING (Fox states that she does not need us to memorize the four different sources, she just needs us to know how the issue is dealt with depends on which category of law it falls under and that healthcare is typically under civil law and criminal law) Types of Law...

LECTURE OF LEGAL ASPECTS OF NURSING (Fox states that she does not need us to memorize the four different sources, she just needs us to know how the issue is dealt with depends on which category of law it falls under and that healthcare is typically under civil law and criminal law) Types of Law - Public - Private: civil - Criminal: crimes & torts Criminal law 1. Crime - wrong against a person and public 2 Types - Misdemeanor: punishable by fines or less than 1 year imprisonment - Felony: Punishable by imprisonment for more than 1 year 2. Tort - wrong commitment by a person against another (Can be action that causes harm; tried in civil court (private law) 2 Types - Intentional: meant to do harm to a pt - Unintentional: accidental harm to the pt Intentional & Unintentional Torts Intentional torts: - Assault: Forcing (without touching) Ex: Threatening and telling a pt you won’t give them their pain medication if they do not eat - Battery: Actually touching the pt or administering treatment that the pt refused - Invasion of Privacy: False imprisonment (restraints) & Inappropriate exposure of a pt (always make sure curtain is closed and pt is covered during bed bath) - Fraud: misrepresentation (saying you are licensed but your aren’t) - False Imprisonment: all 4 side rails up without pt being a fall risk or restraints - Defamation of Character: inappropriate discussing a pt in a negative way that can result in how they are treated Unintentional torts: - Negligence: Performing an act that a person under similar circumstances would not do or failing to perform an act that a person under similar circumstances would do. - Malpractice: Act of negligence; Failure to follow standards/use equipment/ assess & monitor/ communicate/ document/advocate. Reporting a crime/tort or unsafe practice - Stop the unsafe behavior - Follow the chain of command (Charge nurse → Unit manager → Supervisor → Higher ups) - Follow hospital policies and protocols - Typically report to direct supervisor, follow up, complete incident report * When reporting crimes/torts/unsafe practice follow hospital protocols and chain or command* (Fox states that she does not need us to memorize the four different sources, she just needs us to know how the issue is dealt with depends on which category of law it falls under and that healthcare is typically under civil law and criminal law) The Four Sources of Law Which Impact Nursing 1. Constitutional- gives authority & states principles for establishing specific laws 2. Statutory Law- defines written laws, (Ex: Nurse Practice Acts) 3. Administrative Law- regulates procedures of government agencies 4. Common Law- established by previous court decisions, (Ex: malpractice) Three types of law - Public law - government is directly involved; regulates relationship between individual and government - Private (civil law) - contracts; individuals/personal rights guaranteed by law; includes most healthcare issues ← need to know this law - Criminal law - defines criminal actions (murder, theft, manslaughter, criminal negligence, illegal drug possession) and protects the public ← need to know this law *Private (civil) law are where most health care issues fall* *Torts can be intentional or unintentional* (Fox states that we will get questions where we will get examples of pt cases and we have to identify what type of crime was performed) Four elements to prove liability Malpractice/Professional Negligence 1. Duty → RN’s responsibility to pt, what reasonable prudent Nurse would do, Appropriate standard of care  2. Breach of duty → Failure to act appropriately, failure to meet the standard of care 3. Causation → Failure to meet care standard causes injury (proven by the lawyer) ex: no bed rails/alarm, pt falls out of bed 4. Damages → Injury results in longer hospital stay (can be physical or mental) Malpractice Litigation - Results in three outcomes 1. Work towards a settlement, 2. Presented to the malpractice arbitration panel 3. Brought to trial court Different Laws That Regulate Nursing Practice - NPA defines scope of nursing in each state - To practice nursing, students must graduate from an accredited school + pass NCLEX + meet all state standards - Standards of nursing care must be met to protect → what would a responsible nurse do or not so in the same situation - Nursing credentialing = Licensure (required to practice) - The Good samaritan act: Protects healthcare workers outside the hospital providing emergency care - Patient self - determination act: allows patients to refuse care (Educate and confirm advanced directives such as DNR, living will, POA) - HIPAA - Maintain pt privacy - ADA (american with disabilities act) - End discrimination equal opportunity for all - Nurse practice act - Determines that practice of nursing in each state. Protects public by defining nursing legal scope of practice - EMTALA (Emergency Medical Treatment & Active Labor law) - Everyone should receive the same care regardless of financial status. - Nursing home reform act - Long Term pt has the right to remain free from restraints or chemicals for punishment Law terminology Nursing: Patient abandonment - Leave pt without appropriate care replacement (wrongful termination of care) Assault - Mental or physical threat without touching; Forcing treatment without touching Battery - intentional touching with or without intent of harm; Forcing refused treatment Emancipated minor - Legal decisions of pt under 18 being considered as an adult (EX: parents, lives alone/self-supporting, military, married) Liability Duty - use due care Breach of duty - failure to meet care standards Causation - failure to meet care standards caused injury Damages - actual harm/injury Malpractice - Damage, injury, loss; act of negligence; Failure to follow standards/use equipment/ assess & monitor/ communicate/ document/advocate. Negligence - Performing an act that a person under similar circumstances would not do or failing to perform an act that a person under similar circumstances would do. Whistle Blowing - a warning to the public concerning serious wrongdoing Misdemeanor - punishable by fines or less than 1 year imprisonment Felony - Punishable by imprisonment for more than 1 year Intentional tort - meant to do harm to a pt Unintentional tort - accidental harm to the pt Litigation- taking legal action; process of bringing a lawsuit Plaintiff- person or government bringing a lawsuit (Ex. pt, family, government) Defendant- person being accused of a crime or tort (RN)