Legal
Administrative Law
Individual sued by state/federal governmental agency
Good Samaritan Immunity
Generally, a nurse is not liable for injury that occurs as a result of emergency treatment when care is provided at the scene of the emergency which is not grossly negligent and if healthcare worker does not exceed his/her scope of practice.
Administrative Agencies
Given authority to act by the legislative bodies and create rules and regulations that enforce statutory laws
When does the patient not sign informed consent?
If pt is younger than 16 or is not cognitively able
False Imprisonment
Improper use of physical restraints (typically seen in mental healthcare facilities)
Slander
Spoken defamation of character
Constitution
System of fundamental laws/principles that govern a nation, society, corporation, or other aggregate of individuals; purpose is to establish basis of governing system for the future.
Respondeat superior
The "master" is responsible for the "servants"; Employer should be held legally responsible (this does not apply to nonprofit hospitals by the doctrine of charitable immunity)- share the blame
Nursing Licensure is a _____ not a _____.
privilege; right
Product Liability
when a product is involved, negligence does not have to be proved. A product must be held to a higher standard of liabiltiy than a person; equipment fall within the scope of nursing responsibility
Defamation of character
Communicating to a third part false information that injures a person's reputation
What are the four sources of law?
Constitution Statutes Administrative Agencies Court Decisions
Nurses found guilty of intentionally administering fatal doses of drugs to pts. What kind of law would this nurse be violating?
Criminal Law
Who develops the Nurse Practice Act?
Each state has a different nurse practice act---all must be consistent with provisions or statutes established at the federal level
T/F Nurses are at greater likelihood of being sued if they do not have malpractice insurance.
False
Torts
Legal wrongs committed against a person or property, independent of a contract, that renders the person who commits them liable for damages in a civil action
First mandatory Nurse Practice Act passed in ____ in _____.
New York; 1938
Is being ignorant a justifiable excuse for malpractice?
No, but not having all the information in a situation may impede one's ability to foresee harm
Is "Just following physician orders" a defense for malpractice?
No. Nurses have an independent responsibility to take appropriate steps to safeguard patients.
What defines the boundaries of a nursing license?
Nurse Practice Act for that state (LSBN)
Implied Consent
Obtained in an emergency; Physician states in progress notes that pt is unable to sign by treatment is immediately needed and is in the pt's best interest; must be validated by another physician
Informed Consent
Obtained only after the patient receives full disclosure of all pertinent information regarding the surgery or procedure and only if the patient understands the potential benefits and risks associated with doing so.
Negligence
Omission to do something that reasonable person, guided by the considerations that ordinarily regulate human affairs, would do
Battery
Physically contacting a patient inappropriately
Who is responsible for informed consent?
Physician
In civil law, what is the burden of proof required and likely consequences of a guilty verdict?
Preponderance of the evidence- judge/jury must believe that it was more likely than not that the accused individual was responsible for the injuries of the plaintiff; Monetary consequences
Malpractice is also called ____.
Professional Negligence
Who develops standards of care?
Professional Organizations-- i.e. Association of Critical Care Nurses, American Nurses Association, Oncology Nursing Society
What are some examples of frequent legal claims against nurses?
-Inadequate charting. -Inadequate communication with physician or supervisors about changes in patient conditions. -Leaving potentially harmful items within patient reach. -Unattended patient falls. -Inaccurate counting of operative instruments and sponges. -Misidentifying patients for medications, surgeries, tests
Nurse Practice Act
-Legal instrument that defines what the functions of nursing shall be and sets standards for licensure. -Grants a nurse the authority to carry out those functions.
Standards of Care
-Minimal level of expertise that may be delivered to a patient -Conduct of a reasonably prudent nurse in similar circumstances -Regionally based
What are the Five Components Necessary for Professional Negligence to Occur? Give an example.
1. Standard of care is in place. (care that should be given) Ex: Nurse should give medications accurately, completely and on time. 2. Failure to meet the standard of care. (not giving care that should be given) Ex: A nurse fails to give medications accurately, completely, and on time. 3. Foreseeability of harm must exist. (nurse must have reasonable access to info about whether the possibility of harm exists) Ex: Drug handbook specifies wrong dose or route may cause injury. 4. Provable correlation between care and harm. (pt is harmed because proper care is not given) Ex: Wrong dosage causes pt to have a convulsion. 5. Actual patient injury must occur. (injury would not have occurred without the defendant's action or nonaction) Ex: Convulsion or other serious harm occurs.
In administrative law, what is the burden of proof required and likely consequences of a guilty verdict?
Clear and convincing standard; suspend or revoke licensure
Vicarious Liability
1960s; employers are held responsible for the nurse's acts- led to respondeat superior
Patient Self-Determination Act (PSDA)
1991-Requires health care organizations that receive federal funding to provide education for staff and patients on issues concerning treatment and end-of-life issues-living wills; includes advance directives and durable power of attorney
Health Insurance Portability and Accountability Act (HIPAA)
1996-Protects the privacy of health information and improves the portability and continuity of health insurance coverage.
Nurse is found to have violated the Nurse Practice Act by the LSBN. What type of law is she violating?
Administrative Law
What are 5 intentional torts?
Assault Battery False imprisonment Invasion of privacy Defamation of character
In criminal law, what is the burden of proof required and likely consequences of a guilty verdict?
Beyond a reasonable doubt Incarceration, probation, rarely death penalty
Most malpractice cases involve ____ law.
Civil
Statutes
Laws that govern
Malpractice
The failure of a person with professional training to act in a reasonable and prudent manner
Reasonable and Prudent Care is determined by _____.
The testimony of expert nursing witnesses.
Resipsa loquitur
The thing speaks for itself-harm is obviously the result of negligence
Assault
Threatening a patient
Stare decisis
To let the decision stand and use precedents -Previous case must be within the jurisdiction of the court Ex: A previous Florida state case cannot be applied to a Texas state case. -The court hearing the current case can depart from the previous decision and set a landmark decision. (Ex: Roe v Wade)
What is the primary purpose of law and legislation?
To protect the patient and the nurse
Criminal Law
Uphold as a society- crime against a state
Express Consent
When nurses witness pt sign informed consent; be sure pt has received and understands informed consent and seeks remedy if this is not the case
Libel
Written defamation of character
Civil Law
crimes against people (Ex: divorce, theft); one individual sues another
