Haney Pearl G.

Tamula BSN -2

Legal Aspects of Nursing

As a nurse it has become an important necessity to be aware of the legal aspects associated with caring and helping people in the health industry today. Unfortunately, the more and more negligence cases there are the less and less people want to get into the health care field fearing legal aspects and the inevitable law suites. The first nursing law created was that of nursing registration in 1903 and they have only evolved and expanded over the years to create a thick book which must be studied today by aspiring nurses. The Tort Law is the legal aspects of the law that most nurses are more familiar with. This is the law that involved malpractice and negligence cases which many nurses take the time to learn inside and out as this is one of the biggest fears in the medical community. Basically a Tort is a wrongful act which produces harm, whether it is unintentional or intentional. Malpractice is a specific type of Tort where the standards of care are not met. This is one of the most common and familiar laws to nurses and something that nurses and doctors alike must be familiar with in order to continue their care efficiently. In order to protect you from malpractice suits, nurses must take as many precautions as they can during their daily shifts. Recording, documenting and reporting your daily routines and decisions is one of the most common ways to make sure you are on track with your patience and in the right. Nurses learn in school that proper care of a patient is not only making the right decisions but maintaining and organizing their medical records and reports efficiently. Any nurse who is not able to provide written proof of their decisions and why that decision was reached will no doubt be charged with nurses' negligence and risks being seen in front of a court. The legal aspects of nursing are taught and expected to be kept up on throughout every nurse's career. Employment as a nurse does not only require a nursing degree but knowledge of the medical laws that will apply to you should there is a misunderstanding or challenge by a patient or their family. A nursing job is something many young people aspire to but without the legal knowledge behind them, many hospitals will not hire them now that legal issues are becoming more and more problematic.

Importance of Law to the Nurse l Nurses have more responsibility l Increased numbers of Advanced Practice Nurses l Law is there to assist in the decision-making process involved in nursing practice l Law is there for the protection of nursing practice l Law is there for the identification of the risk of liability Effects of Law on Nursing Practice l Legal Basis for Nursing Practice--Licensure l Guidelines for Care Who is the Client--Age of Consent Emergency--Good Samaritan Act Abused Clients--Criminal Laws Use of Restraints Dying Patients wishes--Advanced Directives l Guidelines for Care (Continued) Confidentiality--Invasion of Privacy Documentation Incident Reports l Role of Nurse as Witness Witness in Criminal Cases Expert Witness l Negligence & Malpractice l Criminal Activity Assault Battery Diversion of Narcotics Contemporary Legislative Issues l Prescriptive Authority l Delegation to Unlicensed Personnel l Unsafe Staffing in the Workplace Contemporary Roles for Nurses Definition of Law l Comes from the word which means that which is laid down or fixed l Law is a rule or standard of human conduct established & enforced by authority, society, or custom l Law is established for the welfare of society l Law is not stagnant--changes when societys directs a change l Law is established for the welfare of society l Law is not stagnant--changes when societys directs a change Constitutional Law l Set of basic laws that defines & limits the powers of government l Nurse maintains rights as an individual l Constitutional Rights, Civil Rights, State Constitution Administrative Law

Developed by groups who are appointed to governmental administrative agencies l Food, Drug & Cosmetic Act; Social Security Act; Nurse Practice Act Criminal Law l Acts or offences against the welfare or safety of the public l Controlled Substance Act; Criminal Codes l (See Page 230) The second type of law is Civil Law which deals with crimes against a person or persons in such legal matters as: l Contracts l Torts l Protective Reporting Law The second type of law is Civil Law which deals with crimes against a person or persons in such legal matters as: l Contracts l Torts l Protective Reporting Law Contract Law is the enforcement of agreements among private individuals Elements of: l Promise l Mutual Understanding l Compensation Employment Contracts is an example of contract law under civil law Tort Law is the enforcement of duties & rights among independent of contractual agreements. It is a civil wrong committed on a person or property stemming from either a direct invasion of some legal right of the person, infraction of some public duty, or the violation of some private obligation by which damages accrue to the person. Examples of Tort Law include: l Negligence & Malpractice l Assault & Battery l False Imprisonment l Restraints or Seclusion l Invasion of Privacy l Defamation Fraud Negligence & Malpractice

Terms l Liability is an obligation one has incurred or might incur thru any act or failure to act l Malpractice refers to the behavior of a professional persons wrongful conduct, improper discharge of professional duties, or failure to meet the standards of acceptable care which result in harm to another person

Terms l Negligence(breach of duty) is the failure of an individual to provide care that a reasonable person would ordinarily use in a similar circumstance l Defendant is the person being sued l Plaintiff is the party who initiates the lawsuit that seeks damages Proof of Liability depends on: l Duty l Breach of duty l Injury l Causation Proof of Liability depends on: l Duty l Breach of duty l Injury l Causation Protective/Reporting Laws are sometimes considered criminal laws based on state classification Examples include: l Americans with Disabilities Act l Good Samaritan Act Nurse Practice Act Standards of Care Provider of Service (p.234) l Ensure that client receives competent, safe, & holistic care l Render care by standards of reasonable, prudent person l Supervise/evaluate that which has been delegated Provider of Service (continued) l Documentation of care l Maintain clinical competency