Legal Concerns

1
Legal Concerns

• N1111
• Nursing Concepts

2
Types of Law

• Types of Law
• Civil Law
• Criminal Law
• Administrative Law

3
Sources of Law

• statues
• state and federal regulations
• judicial decisions

4
Licensure

• Administrative Law
• Nurse Practice Act
• define nursing
• define scope of practice
• describe how profession governed
• provide criteria for nursing education
• Licensure is mandatory

5
State Boards of Nursing

• Current Challenges
• multistate licensure
• telemedicine
• unlicensed assistive personnel

6
Liability for Licensing

• Care below standard
• Practicing beyond the scope of practice
• Drug diversion or abuse
• Client abuse

7
Standards of Care

• State legal standard of care
• ANA national standards of care
• Specialty organization standards of care
• JCAHO nursing standards
• Institutional-agency standards
• Standard care plans

8
Informed Consent

• Voluntary permission for specific procedures
  based on information and knowledge
  
• Elements
• medical status
• proposed treatment and rationale
• risks and benefits
• alternatives

9
Informed Consent

• Who is responsible to get the consent?
• Who is responsible to get the signature?
• Emergency treatment may be performed without
  consent

10
Torts and Crimes

• What is the definition?
• What is the difference between a tort and a crime?

11
Intentional Torts

• Assault
• Battery
• Defamation of Character
• libel
• slander
• Fraud
• Invasion of Privacy
• False Imprisonment

12
Unintentional Torts

• Negligence
• Malpractice
• Four Elements of Malpractice Case
• Duty Owed to plaintiff
• Failure to meet duty, breach of duty
• causation (foreseeability)
• damages

13
Res ipsa loquitur

• Definition
• Criteria

14
Trends

• Nurses are sued more frequently
• More malpractice cases
• Higher standard of care

15
Liability

• Legal responsibility to pay damages
• Respondeat superior
• job description

16
Crimes

• Some cases may be tried in both civil and
  criminal courts
  

17
Legally Sensitive Areas

• Controlled Substances
• Death and Dying
• euthanasia, advance directives
• resuscitation
• death certificate
• care of the body
• organ donation
• autopsy
• wills

18
Good Samaritan Law

• Legal immunity if within scope of practice
• liability for gross negligence
• malpractice insurance coverage?

19
Protecting yourself legally

• Professional practice
• Know the law
• Monitor the clients condition
• Follow up
• Professional Liability Insurance
• Documentation