(3) Intro Lecture 7 - Legal/Ethical Issues
Objectives of the Lecture
Define terminology related to legal issues in nursing and healthcare.
Discuss and review patient rights and responsibilities.
Identify the nurse's role in client privacy.
Define and review ethics in nursing.
Review the role of the Kentucky Board of Nursing in guiding nursing practice.
Legal Issues in Nursing
Legal Relationship: Engaging with clients and families under laws governing nursing practice.
Scope of Practice: Essential for mitigating legal liability and ensuring standard care.
Increased Litigations: Result from more educated patients with higher expectations.
Nursing Error Reviews: Identifying preventable failures is crucial for improving outcomes.
Overview of the Legal System
Laws: Prescribe acceptable behavior and prohibit unacceptable actions.
Criminal vs. Civil Law:
Criminal Law: Involves public offenses (e.g., robbery, assault).
Civil Law: Disputes between individuals (e.g., negligence).
Professional Negligence
Occurs due to actions taken or omitted.
Elements of Duty:
Duty: Established relationship with the client.
Breach: Failing to adhere to reasonable standards.
Harm: Injury may not be physical; must correlate with breach.
Proximate Cause: Harm directly linked to the breach of duty.
Avoiding Malpractice: Adhere to regulations, standards of care, and maintain a positive nurse-patient relationship.
Categories of Responsibility
Individual Responsibility: Personal accountable for negligent acts.
Manager Responsibility: Failure to supervise or delegate properly.
Employer Responsibility: Lack of education or necessary supplies.
The Legal Process in Nursing
Civil Litigation: Key disputes in healthcare focusing on duty breaches leading to injury.
Parties Involved: Plaintiff (complaining party) vs. Defendant (alleged liable party).
Discovery Process: Exchange of evidence, including documents and witness depositions.
Outcome Determination: Court verdict and possible appeals.
Common Legal Terms
Abandonment, Assault, Battery, Competency: Crucial definitions in nursing law.
Malpractice & Negligence: Key legal concepts affecting nursing practice.
Tort Law: Involves harms against persons or property.
Legal Relationships
Clients can pursue legal action against healthcare entities or providers.
Increasing accountability for nurses due to growing recognition of expertise.
Patient Bill of Rights
Established by the American Hospital Association in 1972 to promote patient rights.
Nurses must uphold patient rights regarding privacy, confidentiality, and treatment refusal.
Informed Consent
Critical to ensure patients understand treatments without coercion.
Nurse's Role: Witnessing consent, validating understanding, and ensuring clarity of information.
Confidentiality and HIPAA
Confidentiality: Duty to protect patient information on a need-to-know basis.
HIPAA: Federal regulations governing the use and disclosure of Protected Health Information (PHI).
Reporting and Disclosure
Mandatory reporting obligations override privacy laws (e.g., child abuse, threats).
Nurses must understand and follow established reporting protocols.
Ethical Issues in Nursing
Advanced Directives and Ethical Dilemmas: Importance of patient autonomy and rights.
Code of Ethics: Guides professional conduct and accountability to patients and families.
Disciplinary Processes
Nurses must adhere to standards; violations lead to sanctions by the Kentucky Board of Nursing.
Common violations include fraud, negligence, unethical conduct, and failure to maintain competence.
Ethical Principles in Nursing
Key principles include Autonomy, Beneficence, Non-maleficence, and Justice.
Nurses' responsibilities extend to advocacy and maintaining a high standard of care.
Professional Conduct
Critical to document accurately and transparently.
Nurses should ensure patient care decisions align with ethical practices and legal standards.
Conclusion
Legal and ethical issues are integral aspects of nursing practice.
Upholding standards is essential for patient safety and professional integrity.