dhsr approved curriculum-unit 51. 2 3 legal issues in nursing practice
TRANSCRIPT
DHSR Approved Curriculum-Unit 5 1
DHSR Approved Curriculum-Unit 5 2
DHSR Approved Curriculum-Unit 5 3
LEGAL ISSUES IN NURSING PRACTICE
DHSR Approved Curriculum-Unit 5 4
LEGAL ISSUES
Emergency care focuses our attention on:
interaction of nursing and lawlegal liabilitymedical-legal issues
DHSR Approved Curriculum-Unit 5 5
5.3 List six legal responsibilities of a nurse aide.
DHSR Approved Curriculum-Unit 5 6
Legal Issues• Authorized or based on law
– Legislated by state and federal government
– Liable if laws not obeyed• Fines• Imprisonment
DHSR Approved Curriculum-Unit 5 7
Legal Issues(continued)
• No fear of breaking laws if nurse aide:
– performs only acts within scope of nurse aide
– keeps skills and knowledge current
– keeps resident’s safety and well-being in mind
– understands directions for care
DHSR Approved Curriculum-Unit 5 8
Legal Issues(continued)
• No fear of breaking laws if nurse aide:
– follows facility policy
– does no harm to residents or their belongings
• Laws designed to protect public welfare
DHSR Approved Curriculum-Unit 5 9
5.3.1 Give examples of malpractice and negligence.
DHSR Approved Curriculum-Unit 5 10
Legal Issues: Civil Law Examples
Of Torts• Malpractice
– Giving care for which you are not allowed legally to do
– Providing improper care
DHSR Approved Curriculum-Unit 5 11
Legal Issues: Civil Law Examples
Of Torts(continued)• Malpractice
– Example: nurse aide giving medication
– Example: nurse aide performing treatment only allowed by licensed nurses
DHSR Approved Curriculum-Unit 5 12
• Negligence
– Unintentional wrong
– Failure to perform in reasonably prudent manner
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 13
• Negligence
– Example: brakes on a wheelchair not locked and resident falls
– Example: defective equipment not reported and resident is harmed
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 14
• Assault– Care or treatment without proper
consent (intentional)– Threatening to injure a resident or
co-worker
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 15
• Assault– Example: rough treatment of
residents during care– Example: performing procedure
resident has refused– Example: threatening to restrain
resident
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 16
• Battery
– Unlawful touching of another person without his or her consent
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 17
• Battery
– Example: nurse aide striking resident
– Example: does procedure resident refuses
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 18
• Battery– Get informed consent
• Written – safest• Verbal• Gesture
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 19
• Invasion of privacy– Unnecessary exposure of
individual– Revealing personal
information without consent
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 20
• Invasion of privacy– Example: giving news media
information without resident’s permission
– Example: giving information to insurance company without permission
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 21
• False imprisonment– Restraining an individual– Restricting resident’s freedom
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 22
• False imprisonment– Example: use of physical restraints
without authorization or justification– Example: preventing resident from
leaving facility against resident’s will
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 23
• Defamation– False statements that cause a
resident to be ridiculed or cause damage to their reputation• Example: slander – spoken• Example: libel – written
Legal Issues: Civil Law Examples
Of Torts(continued)
DHSR Approved Curriculum-Unit 5 24
5.3.2 Identify the responsibilities of the nurse aide when a resident wishes to make a will.
DHSR Approved Curriculum-Unit 5 25
Wills• Legal document giving direction on
how resident wants property distributed after death– Refer requests to prepare will to
supervisor– Nurse aide may witness signing of
will• Check facility policy• Discuss with supervisor
DHSR Approved Curriculum-Unit 5 26
NEGLIGENCE AND MALPRACTICE
DefinitionsNegligence is a deviation from the
accepted standard of care which places a person at risk.
Malpractice is professional negligence when the conduct fails to meet the legal standard of care and someone is damaged as a result.
DHSR Approved Curriculum-Unit 5 27
ELEMENTS OF A LAWSUIT
DUTY - A nurse-client relationship exists and judges the action compared to others in like circumstances
BREACH OF DUTY - Failure to perform to the standard
CAUSATION - Connection between action and injury
DAMAGES - Actual loss which occurred
DHSR Approved Curriculum-Unit 5 28
STANDARD OF CARE State Nurse Practice Act ANA-Standards of Clinical Nursing
Practice National Association of School Nurses
(NASN) School policy and protocols CPR or BLS national standards
DHSR Approved Curriculum-Unit 5 29
RELATED LEGAL ISSUES
Transport of injured or ill student by private automobile
Consent for treatment informed impliedminors
Abandonment
Substance Abuse immunity from liabilitystate decision
Good faith reporting
Drug testing
DHSR Approved Curriculum-Unit 5 30
DOCUMENTATIONHELPFUL HINTS REGARDING
DOCUMENTATION
Are all entries legible ? Are there grammatical or spelling errors ? Are entries signed correctly ? Are entries dated and timed ? Is the chart free of erasures and other alterations ? Are entries made in black ink ? Are known allergies highlighted ?
DHSR Approved Curriculum-Unit 5 31
Students Rights Within the School
Schools must show reasonable suspicion, for conducting a search.
Searches are restricted to the individual involved
Some states regard locker searches the same as personal searches.
DHSR Approved Curriculum-Unit 5 32
Special Issues
Child Maltreatment Includes abuse and neglect Your reporting responsibilities Mandated reporter
Do Not Resuscitate (DNR) Automated External Defibrillators (AED)
DHSR Approved Curriculum-Unit 5 33
Delegation by School Nurses
FOUR ITEMS TO CONSIDER WHEN DELEGATING
RIGHT TASK RIGHT PERSON RIGHT DIRECTION RIGHT SUPERVISION
DHSR Approved Curriculum-Unit 5 34
HIPAA Regulations
Health Insurance Portability and Accountability Act
Confidentiality measures Schools may be indirectly
affected Investigate any HIPAA related
policies your school district may have in place
DHSR Approved Curriculum-Unit 5 35
Summary
Keep in mind that practicing in a reasonable, professional manner and
documenting your judgment and actions are the best defenses against
litigation.
DHSR Approved Curriculum-Unit 5 36
ANY QUESTIONS??
DHSR Approved Curriculum-Unit 5 37