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23 Cards in this Set
- Front
- Back
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What are the legal aspects of nursing?
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Legal accountability for all nursing actions rests with the nurse
Nurses & student nursess are legally responsible for their actions |
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What does accountability mean?
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Assuming responsibility for one's actions including consequences
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How are nursing paractices regulated by laws?
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New York State Nurse Practice Act
Patient Self-determination Act (PSDA) Health Insurance Portability and Accountability Act (HIPPA) Americans with Disabilities Act (ADA) Medicaid Statutes/ Resident's Rights Public Health Laws |
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How are nursing practices regulated by standards of care?
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Guidelines developed by:
Nursing organizations such as ANA State boards of nursing Health care institutions Procedural textbooks Written nursing policies/procedures mandated by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) |
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The state board of nursing may revoke or suspend a nurses license for willfully violating the nurse practice act:
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drug/ETOH abuse (most common)
fraud (in obtaining license) conviction of a felony gross or ordinary negligence previous disciplinary actions in other states physical/mental impairments practicing after your license expires |
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What is the State Board of Nursing?
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Licensure requirements are set by State Board of Nursing
-educational requirements -licensing exam (NCLEX) NYS office of Professionals -maintenance and renewal -suspension and revocation |
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What are some types of legal action r/t crime?
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Criminal action
-a wrong against persons and society -criminal courf -punishable by imprisonment Felony Misdemeanor |
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What are some types of legal action r/t torts?
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Civil Action-Tort
-A wrong against an individuals rights or property -Civil court -Punishment usually with monetary settlement -Tort may also be a crime and tried in both courts Intentional Unintentional |
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Compare/contrast intentional and unintentional torts.
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Intentional
-fraud -invasion of privacy -defamation of character -slander/ Libel -false imprisonment -assault and/or battery Unintentional Negligence -by omission -by commission Malpractice= negligence as it applies to a professional |
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What are the 4 elements of malpractice?
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4 elements must be met to prove guilty of malpractice
Duty- (relationship) Nurses responsibility to provide care in an acceptable manner Breach of Duty- failed to provide care in acceptable manner Injury (damages)- Nurses act caused harm Proximate cause- Reasonable cause and effect can be shown between the omission or commission and the harm |
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What are some common malpractice allegations?
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Failure to maintain safety
Improper technique/treatment Failure to monitor and report Medication errors Failure to follow policy/procedures Poor documentation Improper use of equipment |
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How can you protect yourself?
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Practice safely and competently
Always follow standards of care Develop a caring relationship with your patient Communicate, communicate, communicate!!! Document, document, document!!! Remember- the nurse enters into a contractual obligation (ethical and legal) when caring for a client You are also responsible for the actions of your ancillary staff (respondent superior) Carry your own liability insurance You have increased responsibility in regards to Good Samaritan Laws Responsible for acting as a responsibly prudent nurse |
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What is the Patient's Bill of Rights?
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Every patient has rights under Public Health Law
Patient Bill of Rights NYS DOH |
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What is informed consent?
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Includes:
-Explanation of procedure -Explanation of risks, anticipated discomfort -Explanation of alternatives Client has right to refuse Client must be competent and of legal age It is the physician's duty to obtain informed consent It is the nurse's duty to verify that the client was informed |
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What are the legal consent rules?
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Competent adult 18 years and older
Parent or guardian Adult sibling or grandparents in emergencies Emancipated minors Minors can give consent for their child Minors in matters of pregnancy, STD testing (including HIV testing), abortion, birth control, mental health services; ie drug/alcohol counseling (some special rules) |
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Ethics vs laws
whats the difference? |
Nurse Practice Act governs legal practice
You govern ethical practice It is the ethics of nursing practice that elevate it as the #1 most trusted profession |
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Describe the special nature or the nurse-patient relationship.
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Fiduciary
The nurse provides care to a patient which by the nature of those services and overall reputation of the nursing profession, cause the patient to place extreme trust in that nurse, and his or her specialized knowledge, integrity, and fidelity The obligation to provide safe competent care is therefore ethically exacerbated |
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What is the difference between valuse and ethics?
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Values
Personal belief about the worth of a given idea, attitude, custom Ethics Good character and conduct |
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What are the essential values for nursing?
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Altruism
Autonomy Human dignity Integrity Social justice Cultural competence |
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What are the universal ethical principles?
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Veracity
Autonomy Beneficence Non-maleficence Fidelity Confidentiality Justice |
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What are the steps in development of ethical behaviors?
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Recognize and understand your values
Critically examine your ethical thinking Critical reflection -constructive discourse -emotional intelligence -democratic habits of heart Aids in the development of ethical agency |
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What are somke ethical stressors in healthcare?
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Quality of life
Futile care Euthanasia Abortion Allocation of scarce resources Access to care |
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How should you process ethical dilemmas?
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First...ask yourself "is it really an ethical dilemma"?
Then if yes: -gather all relevant data -do a values clarification process -state the problem -consider all possible courses of action -negotiate an outcome -evaluate Also consider use of institutional resources: Ethics Committee |
