legal issues

why do we need to know legal issues?

to protect ourselves in practice and know that we are ultimately responsible

criminal law

deals with behavior that is or can be constructed as an offense against the public, society, or the state-even if the immediate victim is an individual

felony

punishable by one or more years in prison

felony example

stealing narcotics at work

homicide

misdemeanor

punishable by a fine or short term jail sentence or both

misdemeanor example

stealing of equipment, supplies

torts

include all negligence cases as well as intentional and unintentional wrongs which result in harm

intentional tort

actions taken by an individual with the intent to perform the action

example of intentional tort

assault, battery, false imprisonment

unintentional tort

includes negligence or malpractice

negligence

person looks as if they have been neglected

malpractice

has to cause damage to individual if it is categorized as this

true or false:

with malpractice employers may be held liable

true

can a nurse be sued over a HAI?

no because it is hard to prove, but the hospital can get dinged

HAI

Healthcare-associated infection

assult

the action of creating an apprehension of offensive, insulting, or physically injurious touching

can assault occur without touching?

yes

battery

willful touching of another individual (or the clothes of the person or something they are carrying)

Nursing considerations for assault and battery

restraints

holding patient against will

nursing malpractice

-failure to follow standards of care

-failure to use equipment in a responsible manner

-failure to communicate

-failure to document

-failure to assess and monitor

-failure to act as a client advocate

failure to act as a client advocate means that

if a patient says it you have to address it

if it is not written or documented...

it did not happen

ways to prevent nursing malpractice

safety

communication

documentation

following policies and procedures

continuing education

respect patients and develop rapport with them

self awareness of your strengths and weaknesses

limits, do not participate outside of your scope of practice

what are the five elements of liability?

1. duty

2. breach of duty

3. causation

4. damages

5. foreseeability

to establish liability, four elements the five of professional _____ or ______ are required

negligence or malpractice

duty

a legally enforceable to conform to a particular standard of conduct

duty example

nurse-client relationship

breech of duty

a deviation from the standard of care owed to the client

foreseeability

the action is known to cause injury

causation

the injury must have resulted as a direct result of the nurse's or professional breach of duty

damages

some type of harm resulting from the breach of duty

Nurse practice act

oversees the practice of nursing

-empowers each state board of nursing

-defines nursing and legal scope or nursing

-investigates and disciplines nurses

-regulates schools of nursing

-ohio = OBN

The nurse practice act includes language that allows a nursing student to

practice nursing without a license

-must be under the supervision of qualified faculty in an approved education program

-accountable for your own actions

As a student nurse you should

-know facility policies and procedures before clinical assignment

-be knowledgeable about client meds, diagnosis, interventions, and treatments

-never perform care you are unprepared to do, tell instructor this

Board of nursing

-issues licensure by the state or territory that the nurse wishes to practice.

-determines charges of professional misconduct which may result in revocation or suspension of license

-oversees the administration of licensure examination

your nursing license is renewed every ___ years

2

Actions against license

restrict, suspend, revoke

minor violation against license

issue warning

major violation against license

restrict or suspend (gross immorality or a misdemeanor drug violation)

what happens to your license if you are convicted of a felony?

it gets taken away

where are actions that happen on your license published?

ohio board of nursing webside so they are public knowledge

Best defense against licensure investigation

-early legal counseling (own not agencies)

-don't sign anything without counsel

-liability insurance

controlled substance act

a federal law that requires drugs to be classified based on the substance's medical use, potential for abuse, and safety risks

drugs are classified by schedules

I to V

schedules I and II drugs have the highest

abuse potential

the controlled substance act is enforced by the

US Drug Enforcement Agency

Infromed consent

-client must voluntarily give consent

-client must understand the informed consent

-follow the agency protocol on informed consent

-client must be competent to give consent

-explain very simple

consent in emergency

-cardiac arrest

-loss of limb

-need to be careful with advance directives and religious/cultural beliefs

Advance directives

code status, living will, power of attorney

code status

have to clarify and adhere to

what can nurses not do with code status?

cannot take it, physician has to hear verbally

expressed consent

patient provides arm for blood pressure

implied consent

if they came to the hospital for care it is implied that they want to receive care

Considerations for consent:

-if less than 18 need legal guardian or parent to sign

-emancipated minor or mature minor in some states can make their own decisions

-each state is different with subjects of birth control, tx of stds, abortion

-mother that is a teen mother can they sign their child's consent?

social media considerations

each organization has their own rules but the safest way is to not involve your work place in your social media

mandatory reporting

nurses have a duty to report

fall under reporting laws:

-bullet wounds, gunshot wounds, powder burns

-illnesses that appear to be caused by poisoning

-injuries caused or appear to be caused by a knife

-any would, injury or illness resulting in bodily harm as a result of a suspected criminal act or act of violence

-infectious diseases (TB, HIV, COVID, E-coli)

-any signs of abuse to any age. physical, emotional, financial

-bioterrorism

nurses _____ get in trouble for reporting incidences or discrepancies

will not

federal mandatory reporting

-births

-deaths

-communicable diseases

-venereal diseases (nursing homes)

-many states report abortions, neonatal death

Good samaritan law

- encourage healthcare providers to help victims in an emergency

- protect the healthcare worker for potential liability whenvolunteering his or her skills outside of employment

- must adhere to the standard of nursing care during all volunteer activities

- responsible for following through with emergency care

HIPPA

-Enacted in 1996 by Congress to minimize exclusion of preexisting conditions which were a barrier to obtaining healthcare

-Protects all individually identifiable health information held or transmitted in any form of media, whether electronic, paper, or oral

-This is known as "protected health information"

-Nurses must maintain a current understanding of the law in order to protect the client's privacy

-Nurses should be familiar with the particular policies of their employer