Nurse Practice Act and Legal Liability
A nurse manager must be aware of what is happening on the unit to prevent injury to the patient and exposing the staff to a potential malpractice situation. What steps would the nurse manager take to accomplish this? (Select all that apply.)
Arranging for relevant staff in-services regarding the operation of equipment, Assuring adequate staffing, Providing disciplining those who provide inappropriate care, Regularly checking the credentials of current nursing staff Managers have some legal responsibility for the quality control of nursing practice at the unit level, including such duties as reporting dangerous understaffing, checking staff credentials and qualifications, and carrying out appropriate discipline. Health-care facilities may also be held responsible for seeing that staff know how to operate equipment safely. The monitoring of new nursing staff is not the sole responsibility of the nursing manager, but that of the mentor.
The American Nurses Association Code of Ethics is legally binding.
FALSE The American Nurses Association Code of Ethics provides principles and guidance, which are not legally binding but form the conceptual infrastructure for ethical practice by American nurses.
Which situations are necessary components for malpractice to occur? (Select all that apply.)
Foreseeability of harm must exist., The practitioner has failed to meet a standard of care, also called a "breach of duty.", A standard of care must be in place whereby the provider has accepted duty for the patient., A direct connection between care given and injury must be present. Duty to provide care, failure to meet standards of care, existence of foreseeable harm, a direct relationship between care provided and injury, and actual harm are the necessary components related to malpractice.
What is the term used to identify the omission of doing something that a reasonable person would do, guided by the considerations that ordinarily regulate human affairs?
Negligence Negligence is the omission of doing something that a reasonable person would do, guided by the considerations that ordinarily regulate human affairs. Negligence is a form of malpractice. Scope of practice identifies the limits of practice. Breach of duty involves the failure to uphold a standard of care.
Why should nurses be aware of the rights and duties of legal matters?
They are better able to protect themselves. Nurses who are aware of their rights and duties in legal matters are armed with the knowledge that allows them to be able to protect themselves against liability and or loss of their professional licensure.
What information is accurate when describing the Nurse Practice Acts? (Select all that apply.)
They need to be consistent with applicable federal statures, They focus on the practice of the professional nurse, They identify actions that fall outside of the nurse's scope of practice, When considering the law, they are an example of a statute The 51 Nurse Practice Acts representing the 50 states and the District of Columbia are examples of statutes. These Nurse Practice Acts define and limit the practice of nursing, thereby stating what constitutes authorized practice as well as what exceeds the scope of authority. Although Nurse Practice Acts may vary among states, all must be consistent with provisions or statutes established at the federal level.
A nurse can have his or her license revoked if he or she is providing patient care while under the influence of drugs or alcohol.
TRUE The following reasons for suspending or revoking a nursing license include, but are not limited to, impairment due to drugs or alcohol, commitment of fraud or deceptive practice, physical or mental impairments including age, criminal acts, previous disciplinary actions, and negligent acts.
Which steps will help the nurse minimize the risk of nursing malpractice? (Select all that apply.)
Periodically reviewing the scope of practice for nurses, Attending relevant continuing education programs to upgrade clinical skills, Observing all facility policies and procedures when providing care, Maintaining liability insurance independent of that provided by the facility The three major areas of focus in the call to action are to prevent injuries, improve communication, and examine mechanisms for injury compensation. Nurses then can reduce the risk of malpractice claims by practicing within the scope of the Nurse Practice Act, observing agency policies and procedures, using evidence-based practice, always putting patient rights and welfare first, being aware of relevant law and legal doctrines and combine such with the biological, psychological, and social sciences that form the basis of all rational nursing decisions, practicing within the area of individual competence, and upgrading technical skills consistently by attending continuing education programs and seeking specialty certification. Nurses should also purchase their own liability insurance and understand the limits of their policies. Although this will not prevent a malpractice suit, it should help protect a nurse from financial ruin should there be a malpractice claim. Obtaining a patient consent for all care is not necessary and won't protect against the omission of appropriate care.
