Legal

Types of Law Affecting Nurses

  • Statutory Law

    • Most common law impacting nurses.

    • Nurse practice acts are state statutory laws.

  • Administrative Law

    • Created by administrative agencies.

  • Constitutional Law

    • Derived from the constitution.

  • Common Law

    • Results from court decisions.

  • Case Law

    • Decisions made by courts that set legal precedents.

Criminal vs. Civil Actions

  • Criminal Actions

    • Involves actions like theft or assault; considered wrongs against society.

  • Civil Actions

    • Concern private citizens' rights; can overlap with criminal cases.

    • Example: A situation can be both criminal and civil if, for example, someone is harmed due to negligence.

Nurse Practice Act

  • Governs nursing practices in each state.

Torts and Negligence

  • Torts

    • Civil actions that can be either intentional or unintentional.

    • Unintentional Torts

      • Include negligence claims.

  • Basic Elements of Negligence

    1. Duty: Nurse has a professional duty.

    2. Breach: Duty must be breached.

    3. Foreseeability: Breach must have foreseeable consequences.

    4. Damages: Actual injury or damage must occur.

  • Essential for nurses to document thoroughly to prove actions taken.

Documentation

  • Critical for protecting against neglect claims and demonstrating adherence to professional standards.

  • Example of a malpractice case:

    • A nurse documented observations well, protecting themselves from accusations during a lawsuit when a patient was harmed due to poor care.

Liability and Accountability

  • Nurses are accountable for their own actions; supervisors typically are not liable unless directly involved.

  • Statute of Limitations

    • Time limit to file for malpractice claims; varies by state.

  • Assumption of Risk

    • If patients are informed and consent to a procedure’s risks, they may assume responsibility for resulting injuries.

  • Contributory Negligence

    • When a patient contributes to their own injury, liability may be shared.

Avoiding Malpractice Claims

  • Follow safety protocols in medication administration and patient care to prevent malpractice lawsuits.

Criminal Actions and Intentional Torts

  • Assault and battery are linked to criminal actions.

    • Assault: Threatening actions.

    • Battery: Unwanted physical contact.

  • False Imprisonment

    • Restraining a patient without cause or consent can lead to legal repercussions.

  • Defamation

    • Harmful false statements; can be written (libel) or spoken (slander).

Informed Consent and Ethical Issues

  • Importance of ensuring patients fully understand procedures and risks before consenting.

  • Advanced Directives

    • Determine a patient's wishes regarding care ahead of time.

Protecting Yourself as a Nurse

  • Important to document well and be truthful in practice.

  • Many legal issues arise from failure to adhere to policies, so staying within legal, ethical, and professional standards is crucial.

  • Lawsuits often are dismissed or settled out of court; good documentation is vital.