Transcript 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
Federal Statutory Issues
in Nursing Practice
American with
Disabilities Act
Emergency Medical
Treatment and Active
Labor Act
Mental Health Parity Advance Directives
Act
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,

Quasi-intentional:
 Invasion

battery, false imprisonment
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
Services
 Some
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.