Chapter 23 Legal Implication in Nursing Practice

sources of law

• Constitutional law

• Statutory law: state or federal

• Civil law (nurse practice acts)

• Criminal law (felonies or misdemeanors)

criminal laws

if someone is criminally responsible and there are

consequences

administrative law (regulatory law)

state practice acts

common law

determined by a judge

case law

decisions made in legal case

scope and standards of nursing

defines nursing and reflects the values of the nursing profession

standards of nursing care

reflect the knowledge and skill ordinarily possessed and used by nurses

federal statues affecting nursing practice

patient protection and affordable care act (PPACA)

• ACA: increase the overall quality of healthcare and make healthcare insurance more affordable for everybody. guarantees coverage for everybody

emergency medical treatment and active labor act

prohibits the transfer of patients from private to public hospitals without appropriate screening and stabilization

health insurance portability and accountability act (HIPAA)

provides rights to patients and protects employees

health information technology act

nurses must ensure PHI is protected

americans with disabilities act (ADA)

protects rights of people with physical or mental

disabilities

mental health parity and addiction equity act

requires health insurance companies to provide coverage

for mental health and substance use disorder (SUD)

treatment

patient self-determination act

requires health institutions to provide written information to a patient about the rights of their care, including the refusal of treatment and formulating an advance directive

uniform anatomical gift act

provides the foundation for the national organ donation

system

the omnibus budget reconciliation act (1987)

altered the way in which health care is provided to older

adults

nurse practice acts

state laws intended to protect citizens, make nurses

accountable and assure that care is consistent with best

practice within the scope and standards of nursing. licensure and nurse licensure compact

health care acts and informed consent

the patient

• receives an explanation of the procedure

• receives the names and qualifications of people performing and assisting in the procedure

• receives a description of the serious harm, including death, that may occur and the anticipated pain and/or discomfort

• receives an explanation of alternative therapies and the risks of doing nothing

• knows that he or she has the right to refuse the procedure or treatment without discontinuing other supportive care

• knows that he or she may refuse the procedure or treatment even after the procedure has begun

good Samaritan laws

limit liability and offer legal immunity if a nurse helps at

the scene of an accident

public health laws

• laws affect individuals, populations, and communities

• are intended to improve the health of people

physician assisted suicide

• laws very state

• know your state’s laws and ensure that your practice falls within the laws’ requirements

the uniform determination of death act

determines actual death

nursing workforce guidelines

• staffing and nurse-to-patient ratios

• nursing assignments

• patient abandonment

• nurse delegation

• nursing students

torts

civil wrongful acts or omissions of care made against a person or property

quasi-intentional torts

acts in which a person may not intend to cause harm to another but does

unintentional torts

arise when a person is harmed and the person inflicting the harm knew, or should have known, that these actions were less than the accepted scope and standard of practice

standard of proof

what a reasonably prudent nurse would do under similar circumstances in the geographical area in which the alleged breach occurred

malpractice insurance

contract between an insurance company and a nurse or employer

that is intended to cover costs incurred when a patient sues the

employer and/or the nurse

nurse experts

when a case that involves nursing care is filed, a nursing expert will often testify about the standards of nursing care as applied to the facts of a case

risk management and performance/quality improvement

programs help to reduce a nurse’s legal risk for malpractice and

negligence because they help to identify potential hazards and

eliminate them before harm occur

professional involvement

• it is important to implement actions in your own practice

that will help reduce your legal risk

• develop and use clinical judgment to identify patient needs and make sound clinical decisions

• remain aware of current issues in health care

• become involved in professional organizations and committees that define the standards of care for nursing practice