Legal Limits of Nursing Sources of law: Legal guidelines that come from statutory, regulatory, and...
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Transcript of Legal Limits of Nursing Sources of law: Legal guidelines that come from statutory, regulatory, and...
Chapter 23Legal Implications in
Nursing Practice
Legal Limits of Nursing Sources of law:
Legal guidelines that come from statutory, regulatory, and common law
Standards of care:Legal guidelines for defining nursing
practice and identifying the minimum acceptable nursing care
Federal Statutory Issues in Nursing Practice
American with Disabilities Act
Emergency Medical Treatment and
Active Labor ActMental Health Parity
ActAdvance Directives
Living Wills, Durable Power of Attorney
Uniform Anatomical Gift Act
Health Insurance Portability and
Accountability Act
Restraints
State Statutory Issues in Nursing Practice
Licensure Good Samaritan laws Public health laws The Uniform Determination of Death
Act Physician-assisted suicide
Civil and Common Law Issues in Nursing Practice
Torts Intentional:
Assault, battery, false imprisonment Quasi-intentional:
Invasion of privacy, malice, slander, libel Unintentional:
Negligence, malpractice
Consent A signed form required for all routine
treatment, hazardous procedures, and some other treatments
Provisions are made for deaf, illiterate, or foreign language clients
Abortion Issues 1973 Roe v. Wade
U.S. Supreme Court ruled that there is a fundamental right to privacy, which includes a woman’s right to have an abortion.
1989 Webster v. Reproductive Health ServicesSome states require viability tests if the
fetus is more than 28 weeks’ gestational age.
Nursing Students You are liable if your actions cause
harm to clients, as is your instructor, hospital, and college/university.
You are expected to perform as a professional when rendering care.
You must separate your student nurse role from your work as a CNA.
Malpractice Insurance A contract between the nurse and the
insurance company Provides a defense when a nurse is
in a lawsuit involving negligence or malpractice insurance
Nurses covered by institution’s insurance while working
Abandonment and Assignment Issues
Short staffing:Legal problems occur if there are
inadequate nurses to provide care. Floating:
Based on census load and client acuities
Physician’s orders:Nurses follow orders unless they believe
an order is in error or harmful.
Risk Management A system of ensuring appropriate
nursing care that attempts to identify potential hazards and eliminate them before harm occurs
Steps involved: Identify possible risks.Analyze risks.Act to reduce risks.Evaluate steps taken.