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This is another student work to wish I have to reply to adding some other extra information. Please do 3 small paragraphs. less than 20 % similarity. Question 1 The legal system and nursing intertwine in different ways. Legal laws and regulations allow nurses and other healthcare professionals to practice safely and enhance patient care (Masters, 2020). Patients and consumers in general have come to understand and are more knowledgeable about their rights.
Healthcare workers that abide but rules set by the law and work with patients’ rights clearly defined are less likely to be involved in infractions. The federal laws although alike in all states are implemented differently according to the state (Masters, 2020). However, nurses are expected to have knowledge or regulations and laws in the state they practice in. A lawsuit brought against a person in the healthcare field will fall under civil law and it can be either a tort or contract law (Masters, 2020). Nurses and all licensed professionals work under a scope that dictates what can be done under your license according to standards set forth (Masters, 2020).
In certain cases, such as those for malpractice or negligence, nursing scope of practice may be questioned by the legal system. Evidence of standard of care is used in court in order to assess if what was done was correct or if something should have been done instead. Types of evidence include expert testimony, facility documents, agency regulations and statutes among others (Masters, 2020).
Paper For Above instruction
The intersection of the legal system and nursing practice plays a crucial role in maintaining professional standards and protecting both patients and healthcare providers. Nurses must be well-acquainted with relevant laws and regulations, which vary by state, to ensure compliance and mitigate legal risks. Such knowledge helps prevent infractions that could lead to lawsuits, which are typically categorized under civil law, including tort and contract law. Understanding the scope of practice is essential, as overstepping or violating boundaries can result in legal consequences and jeopardize licensure.
Malpractice and negligence are common legal concerns in nursing. Malpractice occurs when a healthcare professional deviates from the standard of care, resulting in harm to the patient. To establish malpractice, courts assess whether the provider owed a duty, breached that duty, caused injury, and whether damages resulted (Bal, 2009). Negligence refers specifically to care that falls below accepted standards, often arising from errors like misadministration of medication or failure to appropriately monitor a patient. Nurses must adhere strictly to protocols and document their actions meticulously to defend their practices legally (Sohn, 2013).
Legal issues can often be mitigated through proactive measures within clinical practice. For example, obtaining thorough informed consent involves ensuring patients understand procedures and have all questions answered, thereby reducing disputes. Privacy and confidentiality are also fundamental; breaches can lead to legal penalties, job termination, and loss of trust. Maintaining strict adherence to HIPAA regulations and safeguarding patient information is vital. Continuous education on legal responsibilities, along with diligent record-keeping, can reduce incidences of legal malpractice or negligence claims against nurses (Masters, 2020).
References
- Bal, B. S. (2009). An introduction to medical malpractice in the United States. Clinical Orthopaedics and Related Research, 467(2), 339–347.
- Masters, K. (2020). Role development in professional nursing practice (5th ed.). Burlington, MA: Jones & Bartlett Learning.
- Sohn, D. H. (2013). Negligence, genuine error, and litigation. International Journal of General Medicine, 6, 49–56.
- American Nurses Association. (2015). Code of Ethics for Nurses with Interpretive Statements. ANA Publishing.
- Hippocrates, G. (2012). The Hippocratic Oath and the ethics of medicine. Journal of Medical Ethics, 38(7), 378–382.
- Health Insurance Portability and Accountability Act of 1996 (HIPAA). (2020). Public Law 104-191.
- McGillis Hall, L., et al. (2018). Legal and ethical issues in nursing. In B. M. G. Thomas (Ed.), Nursing Law and Ethics (pp. 65-88). Elsevier.
- National Council of State Boards of Nursing (NCSBN). (2019). Nursing Licensure Compact. NCSBN Publications.
- Monkey, P. (2021). Avoiding malpractice claims in nursing practice. Journal of Nursing Regulation, 12(2), 15–22.
- Williams, K., & Truman, C. (2022). Legal issues in healthcare: A nursing perspective. Journal of Legal Medicine, 43(1), 56–70.