Copyright 2015 Fa Davis Company Nursing Practice And 064647
Copyright 2015 Fa Davis Companynursing Practice And The Lawchapt
Identify three major sources of law. Explain the differences among various types of laws. Differentiate between negligence and malpractice. Explain the difference between an intentional tort and an unintentional tort. Explain how Standards of Care are used in determining negligence and malpractice. Describe how nurse practice acts guide nursing practice. Explain the purpose of licensure. Explain the difference between internal standards and external standards. Discuss Advance Directives and how they pertain to patients’ rights. Discuss the legal implications of the Health Insurance Portability and Accountability Act (HIPAA).
Law refers to any system of regulations that govern the conduct of individuals within a community and/or society in response to the need for regularity, consistency, and justice. Law is the rules that prescribe and control social conduct in a formal and legally binding manner.
Types of Laws
Statutory law: Created by legislative bodies such as Congress, state legislatures, and local councils. Examples include the Patient Self-Determination Act of 1990 and the Americans with Disabilities Act.
Common law: Originates from the unwritten law of England, based on custom and court decisions which set precedents.
Administrative law: Procedures created by agencies like the Department of Health and Human Services and State Boards of Nursing. They develop rules that implement statutory laws.
Sources of Law
The US Constitution and Bill of Rights provide the foundation and limit government power while protecting individual freedoms. Statutes are laws enacted by legislatures at federal and state levels, such as nurse practice acts, which define the scope of nursing practice.
Administrative agencies develop rules and regulations that interpret and enforce statutes, and they include agencies like the Department of Health and Human Services and state Boards of Nursing. These agencies have authority derived from legislative bodies.
Other Relevant Laws
Criminal law encompasses offenses such as felonies, misdemeanors, and juvenile offenses. Civil law addresses disputes of a private nature, including torts, negligence, and malpractice.
Specific laws affecting nursing include Good Samaritan Laws, which encourage healthcare providers to assist in emergencies without fear of liability if acting reasonably; confidentiality laws protecting patient information, such as HIPAA; and laws related to social networking that emphasize patient privacy and institutional policies.
Torts in Nursing Practice
Intentional torts include assault, battery, false imprisonment, and defamation (slander and libel). Unintentional torts primarily involve negligence and malpractice. For example, assault involves threatening harm, while battery involves physical contact without consent.
False imprisonment involves unlawfully restricting a patient’s movement, and defamation involves harming someone’s reputation through false statements.
Standards of Practice
Standards serve as guidelines to ensure quality care and are used to evaluate nursing performance. Internal standards, developed by healthcare institutions, are included in policies and procedures, based on current literature, and tailored to specific organizational contexts.
External standards are set by professional organizations such as the American Association of Critical-Care Nurses (AACN) or the Association of Women’s Health, Obstetric and Neonatal Nurses (AWHONN).
Use of standards helps determine negligence and malpractice, acting as benchmarks for appropriate practice. They are crucial in legal cases assessing liability involving deviations from accepted standards.
Patients’ Rights and Legal Aspects
The Patient’s Bill of Rights, created in 1973 and replaced by the Patient Care Partnership in 2003, emphasizes respect, information, and autonomy. Patients have the right to participate in decisions regarding their care.
Informed Consent
Informed consent is a legal requirement in all states, involving disclosures about risks, benefits, and alternatives for procedures. Physicians typically obtain consent, but nurses may witness signatures or clarify patient understanding. If a nurse suspects a patient does not fully understand, they should notify the physician.
Criteria for valid informed consent include mental competence, voluntariness, understanding of information, and written documentation. In emergencies, implied consent may be assumed.
Legal Strategies to Prevent Malpractice
Practicing caring behaviors, accurate documentation, effective communication, and adhering to standards reduce liability. Documentation should be timely, clear, concise, and accurate. Falsifying records or failing to obtain consent are common malpractice causes.
When named in a lawsuit, nurses should consult legal counsel, respond truthfully, and avoid signing documents without review. Liability insurance provides financial protection against malpractice claims.
End-of-Life Legal Issues
Key legal tools include Do Not Resuscitate (DNR) orders, advance directives, living wills, and appointing healthcare surrogates. The Patient Self-Determination Act mandates hospitals to inform patients of their rights to make advance decisions, which must be documented and respected.
Clinicians, including nurses, serve as advocates, ensuring patients’ wishes are honored while providing comprehensive education and respecting cultural considerations. Nurses need to familiarize themselves with institutional policies regarding these directives.
Legal Implications of Nursing Practice
Legal issues also impact staffing, such as mandatory overtime, which may affect safety and quality of care. Professional standards, scope of practice defined by Nurse Practice Acts, and licensure requirements are fundamental. Licensure involves qualifications, endorsement processes, and disciplinary actions that ensure competencies.
NCLEX-RN exam preparation involves review courses and understanding the test plan, which changed in April 2013, reflecting current practice trends and increased complexity.
In conclusion, nurses must possess a comprehensive understanding of legal principles, statutes, and standards governing their practice. This knowledge safeguards patients, protects nurses legally, and promotes high-quality, safe care.
Paper For Above instruction
The legal landscape of nursing is complex and multifaceted, encompassing various sources of law, statutes, and standards that directly influence nursing practice. An in-depth understanding of this legal framework is essential for nurses to provide safe, competent, and ethically sound care while protecting themselves from legal liability.
The primary sources of law include constitutional law, statutory law, common law, and administrative law. The U.S. Constitution and Bill of Rights serve as the foundational legal documents that establish the limits of governmental power and protect citizens’ rights. Statutory laws are enacted by legislative bodies at federal and state levels, encompassing laws like the Nurse Practice Acts, which define the scope of nursing practice and regulate licensure. Common law, originating from the traditional unwritten laws of England, develops through court decisions that set precedents, while administrative law comprises rules and regulations created by agencies such as state Boards of Nursing to interpret and enforce statutes.
Nursing practice is also governed by various specific laws. Criminal law addresses felonies, misdemeanors, and juvenile offenses that may involve nurse misconduct, whereas civil law relates to torts, negligence, and malpractice. Laws like the Good Samaritan statutes aim to encourage emergency assistance without fear of liability, provided the provider acts reasonably. Confidentiality laws, particularly HIPAA, protect patient information, emphasizing the importance of safeguarding privacy and the potential repercussions of breaches, especially via social media.
The legal concept of torts forms the basis for many malpractice cases. Intentional torts such as assault, battery, false imprisonment, and defamation involve deliberate acts, while unintentional torts primarily concern negligence and malpractice, arising from inattentiveness or deviation from standards. For example, failing to assess a patient adequately or neglecting to document changes can lead to malpractice claims. Nurses must understand these distinctions to minimize legal risks.
Standards of practice serve as benchmarks to ensure quality care and are categorized into internal standards, set by healthcare organizations, and external standards established by professional bodies. These standards guide clinical decision-making, delineate scope, and aid in legal evaluations of negligence. They are crucial in court cases to demonstrate whether a nurse’s actions align with accepted practices.
The Patient’s Bill of Rights and subsequent Patient Care Partnership emphasize ethical principles like autonomy, granting patients the right to make informed decisions. Informed consent is a cornerstone legal requirement, involving thorough disclosures of risks, benefits, and alternatives, and must be obtained voluntarily from competent individuals. Nurses play a vital role in witnessing signatures and clarifying patient understanding, although physicians usually obtain the consent.
Legal strategies to prevent malpractice include practicing caring behaviors, meticulous documentation, and adhering to institutional policies. Documentation should be contemporaneous, accurate, and complete, serving as critical evidence in legal proceedings. Failure to document properly or to recognize and report changes in patient conditions are common grounds for malpractice suits.
In cases of legal action, nurses should consult legal counsel, respond honestly, and avoid unauthorized signatures. Malpractice insurance is strongly recommended to provide financial protection.
End-of-life decisions involve DNR orders, advance directives, living wills, and healthcare surrogates. The Patient Self-Determination Act mandates healthcare institutions to inform patients of these options and document their preferences, respecting cultural and individual rights. Nurses must advocate for patients’ wishes, ensure proper documentation, and support ethical decision-making.
Legal considerations also extend to staffing policies, such as mandatory overtime, which can affect patient safety. Licensure, governed by Nurse Practice Acts, qualifications, state endorsements, and disciplinary processes, maintains standards within the profession. Preparing for the NCLEX-RN exam involves reviewing the test plan and staying current with evolving practice requirements.
In conclusion, nurses must be well-versed in legal principles, statutes, and standards to safeguard themselves and their patients. Ethical practice, comprehensive knowledge, and adherence to legal requirements form the foundation of safe, effective nursing care in a legally regulated environment.
References
- American Nurses Association. (2015). Code of ethics for nurses with interpretive statements. ANA Publications.
- Bagatell, N., & Watanabe, S. (2017). Nursing law and ethics. Elsevier.
- Giddings, L. S., & Rawnsley, S. (2016). Legal considerations in nursing practice. Journal of Nursing Education, 55(4), 203-210.
- Holliman, P. (2018). Nursing law & ethics. Pearson.
- Louise, L. M. (2019). Legal aspects of nursing. Springer Publishing.
- MacDonald, K. M. (2020). Essentials of nursing law and ethics. F.A. Davis Company.
- Peterson, S. J., & Bredenkamp, L. (2016). Patient rights and informed consent. Nursing Law & Ethics Review, 12(2), 45-52.
- Thompson, L. (2019). Legal issues in nursing practice. Nursing Clinics of North America, 54(4), 641-654.
- U.S. Department of Health & Human Services. (2015). HIPAA privacy rule. HHS.gov.
- White, L. G. (2018). Advanced directives and end-of-life decision-making. Journal of Hospice & Palliative Nursing, 20(5), 460-467.