Legal Limits of Nursing include:
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
State Statutory Issues in Nursing Practice include:
- 1. Licensure
- 2. Good Samaritan laws
- 3. Public health laws
- 4. The Uniform Determination of Death Act
- 5. Physician-assisted suicide
Civil and Common Law Issues in Nursing Practice include:
- 1. Torts
- 2. Intentional
- 3. Quasi-intentional
- 4. Unintentional
- 5. Consent
Assault, battery, false imprisonment
Invasion of privacy, malice, slander, libel
- 1. A signed form required for all routine treatment, hazardous procedures, and some other treatments.
- 2. Provisions are made for deaf, illiterate, or foreign language clients
1973 Roe vs 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 vs Reproductive Health Services
Some states require viability tests if the fetus is more than 28 weeks' gestational age.
Nursing Student expectations under the law
- 1. You are liable if your actions cause harm to clients, as is your instructor, hospital, and college/university.
- 2. You are expected to perform as a professional when rendering care.
- 3. You must separate your student nurse role from your work as a CNA .
- 1. A contract between the nurse and the insurance company
- 2. Provides a defense when a nurse is in a lawsuit involving negligence or malpractice insurance
- 3. Nurses covered by institution's insurance while working
Legal problems occur if there are inadequate nurses to provide care
based on census load and client acuities
Nurses follow orders unless they believe an order is in error or harmful
A system of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs.
Steps involved in risk management:
- 1. Identify possible risks
- 2. Analyze risks
- 3. Act to reduce risks
- 4. Evaluate steps taken