legal issues in nursing - national center of … · 2016-08-17 · 1dwlrqdo &hqwhu ri...

Legal Issues in Nursing

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LEGAL ISSUES IN NURSINGCourse # 840 5 CE Hours

: Julie M. Mroczek, BSN. RN-BC, CLNC

Shelda L. Hudson, RN, BSN, PHN

Course Material valid through 07/2016

E L S

No Exams,Just Learning!

Testing Mandatory

For Florida & Electrologists Only

Enhanced Learning & Skills...

E -


© We Want You To Learn!

About the Authors… ...........................................................................................................3Purpose and Goals ..............................................................................................................3 Instructional Objectives ......................................................................................................3Introduction .........................................................................................................................3Introduction to Law ............................................................................................................3 Sources of Law ............................................................................................................3 Tort Law ......................................................................................................................5Professional Liability ..........................................................................................................7Professional Responsibility ................................................................................................7Your Rights ..........................................................................................................................9Discovery ........................................................................................................................... 11 Types of Discovery .................................................................................................... 11Wrapping It Up .................................................................................................................13References & Suggested Readings ...................................................................................13Legal Terminology/Glossary .............................................................................................14Appendix A, American Health Insurance Portability and Accountability Act (HIPPA) ..............................................................................................16

Cover Art by Eric Smith, BFA


Julie M. Mroczek, BSN, RN-BC, CLNC,

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Shelda L. Hudson, RN, BSN, PHN.

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3.

4. malpractice and negligence.

6.

7.

8.

Planning.9.

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Sources of Law

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1. Statutory law

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2. Administrative law --

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3. Common Law

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Theories of liability

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The four legal elements are:

3. 4.

Defenses to Negligence-

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negligence.

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Good Samaritan Act

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Intentional Torts

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Assault: -

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Battery: -

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initially.

False Imprisonment: An act or failure to act

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Invasion of Privacy:

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Disclosure of Information:

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Health Insurance Portability and Accountability Act (HIPPA).

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Appendix A.Defamation of Character

Libel and slander

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4. -

Misrepresentation and Fraud: -

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Negligent Torts-

negligence: or-

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Malpractice

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.Duty of care

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Breach of duty-

3. The element of injury -

4. The element of proximal cause

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The Doctrine of Respondeat Superior -

include: Failure to follow a physician’s order

in a

Failure to take correct telephone orders:

Failure to report defective equipment: A

Failure to follow established standard procedure

Patient Falls:

Patient Burns

Medication Errors

Sponge and instrument counts

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What Do Jurors Say?

In a recent poll of men and women who served as jurors in malpractice

suits, 80% of those who responded believe that nurses should be held

liable if they misinterpret a doctor’s order and the misinterpretation leads

to an injury.

A majority of those polled believe that a nurse should be held account-

able for injuries that occur as a result of following verbal orders tele-

phoned in from a doctor’s office staff. They also believe a nurse should

be held accountable for violating nurse-client confidentiality and for epi-

sodes of slander. Three out of four polled said a registered nurse (RN) is

legally responsible for the licensed practical nurse (LPN) working under

the RN's supervision and would hold the RN liable if the LPN’s actions led

to a client’s injury.


If you didn’t chart it, you didn’t do it!

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Patient Teaching:

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Should you refer the client to another health

to the teaching.Importance of Communication

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attorney.4.

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Administering Medications

With Care

Unfamiliarity with medications

can result in nursing negligence.

Nurses are ultimately responsible

for understanding all recommen-

dations regarding potential drug

interactions, therapeutic benefits

and adverse side effects before

administering any type of drug.

A good rule to follow is to al-

ways listen to your patients. Typi-

cally, they are aware of changes

in their medication. If a patient

tells you that he or she thinks a

change has been made or the

prescribed treatment is not cor-

rect, consider them as an active

participant in their care. Question

orders that do not seem appropri-

ate to you or your patient. Clarify

the orders with the doctor who

ordered the medication. Just be-

cause the doctor ordered the

medication does not exclude the

nurse from being responsible.

The jury may assume that the

nurse has ultimate responsibility

for the knowledge and competen-

cy in administering medications.

If the doctor's orders for treat-

ment still seem to be inappropri-

ate or negligent, it is the nurse's

responsibility to climb the chain of

command until safe and appropri-

ate medical care is ordered and

administered.


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Do Not Resuscitate Orders (DNR)-

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Defending Yourself

3.

3. Transaction Rules

4. Unique Identifiers Rule

5. Enforcement Rule:

in healthcare.

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for Health Care Professionals:

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1. Privacy Rules

2. Security Rules


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Autonomy -

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Advanced Directive

Living Will:

Medical or health care power of attorney (POA):

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Do Not Resuscitate (DNR) order:

2. Completion of an Advance Directive

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3. Documentation

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Medical Record Review

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Advance Care Planning to Complete an Advance Directive

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Target Population

of healthInterventions and Practices Considered1. Patient Education Topics

annually


attorney

Forensic Document Examiners-

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Interrogations

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Requests for Admissions-

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Production-

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Computer Forensic Document Examiners:

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Evidence and Data Collection: -

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Discovery Process:


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Depositions and Examinations

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Importance of a Lawyer during the Discovery Process

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Basic Summary of the Litigation Process:

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Alternative Dispute Resolution (ADR)

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Examples:

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Early Stage Motions

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Discovery and Pre-trial

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Trial and Judgment

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Appeals

Enforcement

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Arbitration

Advanced Directives

Allegation

Assault

Battery

Certified Legal Nurse Consultant (CLNC)

Common Law

Consent

Decedent Defamation

Defendant

Deposition

to the trial.Discovery

Forensic Document Examiner (FDE)

Harm or Injury

2012 HIPPA (American Health Insurance Portability and Accountability Act )

Interrogatories

Liability

Living Will

Malpractice

Mediation

Medical or health care power of attorney (POA)

Negligence

Negotiation

Ombuds

Physical and mental examination

Plaintiff

Prima Facie Case

Privileged Communication

Proximate

Request for admission


Request for production

Res Ipsa Loquitur

Respondeat Superior

Standard of Care

Stare Decisis

Statute of Limitations

Subpoena

Subpoena duces tecum

Subpoena duces tecum

Suit

Tortor unintentional.

Tort-feasorTort of Intentional Spoliation

Voir dire

Notes


HIPPA regulations are divided into the following rules:

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tion for any healthcare institution that conducts healthcare transactions electronically. The Privacy Rule requires

appropriate safeguards to protect the privacy of personal health information, which sets limits and conditions on

use and disclosure that may be made available without patient authorization. It also gives patients rights over their

health information, including the ability to examine, review, and obtain a copy of their health records and to request

changes or corrections.

identifiable health information as defined by HIPPA identifiers. The security rule defines standards, methods, and

procedures for protecting electronic PHI with identification of how PHI is stored, accessed, transmitted, and

team, protection of electronic systems, equipment and data, and authentication used to control data access.

diagnosis, and procedure codes. Code sets for medical data are required for administrative transactions for diag-

nosis, procedures, and drugs.

the National Provider Identifier, and the National Health Plan Identifier.

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for HIPPA violations. It also provides Medicare and Medicaid monetary incentives for hospitals and physicians to

encourage healthcare providers to adopt technology to improve efficiency in healthcare.

With today’s ever-changing and efficient technological environment in relation to healthcare, all documentation

involving patient care is monitored more closely, thoroughly, and efficiently by the federal government and entities

involved in the medical profession. It is extremely important to always care for patients as proficient, educated,

competent professionals and document patient care with honesty, integrity, and accuracy. Protecting patients' rights

to maintain confidentiality in all areas relating to their healthcare is a top priority affecting the current healthcare

system, which is reinforced and maintained by developing stricter HIPPA regulations. Failure to uphold these stan-

dards can result in severe consequences to all healthcare providers involved.

Appendix A Adapted from

American Health Insurance Portability and Accountability Act

(HIPPA)

LEGAL ISSUESIN NURSING

legal issues in nursing - national center of … · 2016-08-17 · 1dwlrqdo &hqwhu ri...

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