Chapter 8: Nursing Law and Liability

A duty to use care as defined by a standard of care (local vs. national standards) Failure to meet that standard of care Forseeability of harm Actual harm to the patient If any conditions are missing, then there is no lawsuit.

To show legal liability, the patient must prove

Negligence

Unintentional tort is the same as...

Conversion of property

interference by the nurse with the right to possession of the patient's property by either intermeddling or destroying the property.

Statute of limitations

A time period after which a malpractice suit cannot be filed. Generally, 2 years after the discovery of injury In children, up to age 21

Patient self determination act

Federal law that requires that all federally funded institutions inform clients of their right to prepare advance directives.

Situation, background, assessment and recommendation

In protection against lawsuits, SBAR stands for

Civil law

Law that protects the legal rights and enforces the legal duties of private persons (or groups of persons).

Assault

Saying or doing something that will make a person genuinely fear that he or she will be touched without consent (threat).

Student nurses do NOT practice on the instructor's nor the staff's license. Students practice under an EXEMPTION in the nurse practice act that allows non-nurses to practice nursing in certain situations. Students are liable for their own actions. Instructors and registered nurses (RNs) can be held liable under supervisor liability.

Things to remember as a student in clinical practice

A wrong occurred because of a professional's failure to act as a reasonable and prudent professional would have acted in the same situation.

To prove malpractice, a patient must show

Nurses can participate in privileged communication when they overhear information revealed to the physician.

The legal system does not recognize nurse-patient relationships as privileged communication but...

Suit prone

Very demanding Very critical of all aspects of the hospital experience Very dependent Critical of other nurses Have filed lawsuits before These patients are known as...

Contract law Treaty law Marriage law Tort law

What are examples of civil law?

Living will and medical durable power of attorney

What are the 2 types of advanced directives?

Personal, supervisor and employer

What are these types of liability?

Information required Treatment proposed Material risk involved (potential complications) Acceptable alternative treatments Outcome hoped for Consequences of not having treatment

What info is required during informed consent?

The voluntary permission by a client or by the client's designated proxy to carry out a procedure on a client

What is informed consent?

Slander is oral defamation of character that is intentional and malicious. Libel is written defamation of character that is intentional and malicious.

What is the difference between slander and libel?

Expert witness

a person called to provide special information or opinions in cases that require special study or experience. Usually an instructor or nursing supervisor Can give opinions—usually testimony only allows facts

Unintentional tort

a wrong occurring to another person leading to injury even though it was not intended.

Misdemeanor

crime of a less serious nature than a felony; punishable by a fine of less than $10,000; jail time less than 1 year. Level of crime is determined by the legislature

Felony

crime of a serious nature that usually carries a penalty of imprisonment of more than 1 year, fine of more than $10,000, or death.

Common law

law regulating human social conduct as expressed in judicial decisions that interpret cases raised in disputes taken to court. Based on precedent Uniquely American

Statutory law

law that arises from formal legislative enactments or from other legal entities with legislative power.

Criminal law

law that regulates conduct considered offensive against the general public because it harms the welfare of society as a whole. Murder, robbery, rape, larceny, embezzlement, and so on

False imprisonment

making a person stay in a place against his or her wishes; can be verbal, physical, or chemical.

Law

man-made rules that regulate human social conduct in a formally prescribed and legally binding manner.

Punitive damages

money awarded beyond the compensatory damages to "punish" the violator and send a message that this behavior is unacceptable; tend to much greater amounts of money.

Legal liability

occurs if a person is found guilty of any tort; generally results in the payment of damages.

Malpractice

professional negligence; failure to act as a competent and caring nurse (higher standard).

Breach of confidentiality

revealing information obtained from privileged communication. Privileged communication: a special type of privacy that exists in certain professional relationships where its violation would destroy trust and confidence in the professional. Physician-patient Lawyer-client Priest-penitent

Compensatory damages

the actual costs incurred because of the negligent act.

Natural law

the inherent tendency that humans have to take actions that follow our nature and purpose as human beings; based on the idea to promote good and avoid evil. Aimed at the preservation of society Basic concepts similar to those found in the deontological ethical syste

Defamation of character

the sharing of information that unintentionally harms a person's reputation.

Intentional infliction of emotional distress

the use of extreme or outrageous conduct that causes severe emotional distress in the patient or family.

Battery

unconsented touching of a person, or anything he or she is wearing or holding, or anything that is attached to him or her, without the person's permission; does not have to cause injury.

Invasion of privacy

violation of a person's right to keep information about self, family, and property from public scrutiny. Not an absolute right—can and may be required by law to be breached in certain situations such as child, spousal, or elder abuse; gunshot wounds; knife wounds; rape; communicable diseases; suspected crimes.

Intentional tort

willful acts that violate another person's rights or property—usually physical acts; may result in a crime.