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Legal Issues in Nursing

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Emma Bowers

on 3 February 2016

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Transcript of Legal Issues in Nursing

Legal Issues in Nursing
Legal Aspects of Nursing
References
Assault and Battery Overview - FindLaw. (n.d.). Retrieved February 03, 2016, from http://criminal.findlaw.com/criminal-charges/assault-and-battery-overview.html
What is assault?
An intentional TORT
Threat made to another person
Creates an environment where other person does not feel safe
Example
Threatening to place an NG tube in a patient who is refusing to eat.
Consequences of Battery and Assault
Drug or alcohol use while working and mistreatment of a client are offenses that warrant immediate dismissal.

State Law
Intentional Tort
Nursing Board discipline - suspension or loss of license
Benefits of Understanding Legal Practices
Protect the client rights
Reduce the risk of nursing liability
Provide care within nurse's scope of practice
Advocate for clients' rights
Provide consistent care with established standards
Provide safe care
Standards of Care
What is Battery?
Battery is the intentional offensive or harmful touching of another person without their consent.
Example: A nurse gives a patient a shot after the patient refuses.
Emma Bowers, Amanda Davis, Kat Dixon, Taylor Fries & Rachel Harlin
Nurse Practice Act

Established and enforced through state board of nursing or other government agencies

Varies from state to state

Need to be informed
Published Standards of Nursing Practice
Developed by professional organizations
ANA
NAPNES
Specialty organizations
AACN
WOCN
ONS
Health Care Facilities
Policies and Procedures
Specific to institutions, situations and procedures
Legally protect nurses who follow these institutional policies
Mandatory Reporting
Abuse
Child
Elderly
Dependent Adult
Communicable Diseases

Report to local or state health departments
Sommer, S., Johnson, J., Roberts, K., Redding, S., Churchill, L. (2013). Nursing leadership and management ; review module (6th ed.). Assessment Technologies Institute.

"A civil wrong or injury resulting from a breach of legal duty that exists by virtue of society's exceptions regarding interpersonal conduct or by the assumption of a duty inherent in a professional relationship" (Stubenrauch, 2007, p. 63).
Objectives
Discuss the legal issues in nursing.
Define tort and know the different types.
Understand the definition of assault and battery and know what could happen if a nurse commits these crimes.
Understand the standards of care and who publishes them.
What is a Tort?
Tort Types
Unintentional
Negligence
Malpractice
Result of omission
Unconventionality of care
Intentional
Assault
Battery
False imprisonment
Failure to provide a service
Six Elements
1. Duty owed to patient
2. Breach of duty owed
3. Foreseeability
4. Causation
5. Injury
6. Damages
Impact On Nursing
The State Nurse Practice Act
Sets educational and examination requirements.
Establishes state boards of nursing.
State Boards of Nursing

Enforces state nurse practice act and protects public.
The Council of State Boards of Nursing (NCSBN)

Central clearinghouse.
Records and enforces individual nurses actions in each state.
The American Nurse Association (ANA) & Cadre of Specialty Nursing Organizations

Publishes nursing practice standards
The Joint Commission (TJC)

Publishes yearly accreditation standards.
Assists with establishing healthcare facility standards.
Stubenrauch, J.M. (2007). Malpractice vs. negligence. AJN, American Journal of Nursing, 107 (7), 63.
Wise, P.S. (2011). Leading and managing in nursing (6th ed.). St. Louis MO: Elsevier Mosby.
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