Legal Issues

  1. Purposes for understanding the law 
    • protect the nurse from liability 
    • protect the clients rights 
  2. types of law: common law
    developed through general customs and precedent
  3. types of law: civil law
    concerned with relationships between people 

    • Defamation 
    • slander ( spoked defamation ) 
    • libel(written defamation ) 
  4. Types of Law : criminal law 
    • felony 
    • misdemeanor 
    •   assault( will attempt to harm another) 
    •    battery (touching without consent) 
    • ex. restraining someone with out need 
  5. Types of law: regulatory law 
    state board of nursing : Nurse Practice Acts 

    • broadly defines legal scope of legal scope of nursing practice (know what your status allows you to do ) 
    • NEed___  accreditation ; licensure ;certification 
  6. Standards of Care 
    • guidelines for nursing practice
    • national: ANA 
    • State: Nurse Practice ACt 
    • Institutional: Policy/procedures 
    • Was your nursing care "reasonable and prudent" 
    • something you should be doing judgement calls 

    liability insurance 
  7. Common Legal Issues 
    • Confidentiality (HIPPA, mandatory reporting;mentally , physically harmed) 
    • Informed Consent 
    • Staffing 
    • Adoption 
    • Drugs 
    • AIDS/HIV (don't have the right to refuse care to pts with this ) 
    • Death/Dying (assisted suicide )
    • organ donation (don't ever say what you would do ) 
  8. Negligence versus Malpractice 
    • Malpractice is negligence committed by a professional that violates the practice act 
    • (failure to make an accurate assessment) 

    negligence --doesn't do what they are supposed to do 
  9. Professional Nursing issues 
    malpractice failed to carry out stand of care 

    • failed to carry out medical order 
    • failed to make accurate assessment 
    • failed to report inadequate care 
    • abandoned patient needed care 
    • follow chain of command 
  10. Characteristics of malpractice
    Duty-*scope of care or delegation* obligation to use due care( accurate assessment of pt, assigned to their care)
  11. Characteristics of malpractice 
    Breach of Duty
    • Breach of Duty- failure to meet standard of care (failure to execute and document use of appropriate safety measures)
    • falls below standard care
  12. C OM 
    Actual harm to pt
  13. COM 
    shows that breach actually caused injury or harm
  14. Documentation
    record at the time of the event 

    • use concrete honest terms 
    • avoid summarization 

    avoid words like seems to or appears to,,,,be detailed
Card Set
Legal Issues