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Chapter 23 Legal Implications in Nursing Practice

Chapter 23 Legal 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.

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Chapter 23 Legal Implications in Nursing Practice

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  1. Chapter 23Legal Implications in Nursing Practice

  2. 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

  3. Federal Statutory Issues in Nursing Practice

  4. State Statutory Issues in Nursing Practice Licensure Good Samaritan laws Public health laws The Uniform Determination of Death Act Physician-assisted suicide

  5. 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

  6. 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

  7. 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 Services • Some states require viability tests if the fetus is more than 28 weeks’ gestational age.

  8. 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.

  9. 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

  10. 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.

  11. 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.

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