DHSR Approved Curriculum-Unit 51. 2 3 LEGAL ISSUES IN NURSING PRACTICE.

DHSR Approved Curriculum-Unit 5 1


LEGAL ISSUES IN NURSING PRACTICE


LEGAL ISSUES

Emergency care focuses our attention on:

interaction of nursing and lawlegal liabilitymedical-legal issues


5.3 List six legal responsibilities of a nurse aide.


Legal Issues• Authorized or based on law

– Legislated by state and federal government

– Liable if laws not obeyed• Fines• Imprisonment


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 well-being in mind

– understands directions for care


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


5.3.1 Give examples of malpractice and negligence.


Legal Issues: Civil Law Examples

Of Torts• Malpractice

– Giving care for which you are not allowed legally to do

– Providing improper care



Of Torts(continued)• Malpractice

– Example: nurse aide giving medication

– Example: nurse aide performing treatment only allowed by licensed nurses


• Negligence

– Unintentional wrong

– Failure to perform in reasonably prudent manner


Of Torts(continued)


• Negligence

– Example: brakes on a wheelchair not locked and resident falls

– Example: defective equipment not reported and resident is harmed


Of Torts(continued)


• Assault– Care or treatment without proper

consent (intentional)– Threatening to injure a resident or

co-worker


Of Torts(continued)


• Assault– Example: rough treatment of

residents during care– Example: performing procedure

resident has refused– Example: threatening to restrain

resident


Of Torts(continued)


• Battery

– Unlawful touching of another person without his or her consent


Of Torts(continued)


• Battery

– Example: nurse aide striking resident

– Example: does procedure resident refuses


Of Torts(continued)


• Battery– Get informed consent

• Written – safest• Verbal• Gesture


Of Torts(continued)


• Invasion of privacy– Unnecessary exposure of

individual– Revealing personal

information without consent


Of Torts(continued)


• Invasion of privacy– Example: giving news media

information without resident’s permission

– Example: giving information to insurance company without permission


Of Torts(continued)


• False imprisonment– Restraining an individual– Restricting resident’s freedom


Of Torts(continued)


• False imprisonment– Example: use of physical restraints

without authorization or justification– Example: preventing resident from

leaving facility against resident’s will


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


Of Torts(continued)


5.3.2 Identify the responsibilities of the nurse aide when a resident wishes to make a will.


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


NEGLIGENCE AND MALPRACTICE

DefinitionsNegligence 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.


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


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


RELATED LEGAL ISSUES

Transport of injured or ill student by private automobile

Consent for treatment informed impliedminors

Abandonment

Substance Abuse immunity from liabilitystate decision

Good faith reporting

Drug testing


DOCUMENTATIONHELPFUL 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 ?


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.


Special Issues

Child Maltreatment Includes abuse and neglect Your reporting responsibilities Mandated reporter

Do Not Resuscitate (DNR) Automated External Defibrillators (AED)


Delegation by School Nurses

FOUR ITEMS TO CONSIDER WHEN DELEGATING

RIGHT TASK RIGHT PERSON RIGHT DIRECTION RIGHT SUPERVISION


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


Summary

Keep in mind that practicing in a reasonable, professional manner and

documenting your judgment and actions are the best defenses against

litigation.


ANY QUESTIONS??

DHSR Approved Curriculum-Unit 51. 2 3 LEGAL ISSUES IN NURSING PRACTICE.

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Transcript of DHSR Approved Curriculum-Unit 51. 2 3 LEGAL ISSUES IN NURSING PRACTICE.