Legal Issues
Terms
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- Laws
- Rules or standards of human conduct established by governments, through legislative bodies, and interpreted by courts to protect the rights of citizens
- Three types of Laws Affecting nursing
- Civil, Criminal, Administrative
- Civil Law
- Governs actions by one individual or corporation against another (malpractice)
- Criminal Law
- Involves action by the state against an individual for violation of criminal statues
- Administrative Law
- Involves actions by state administrative agencies agains individuals or organizations (Licensure)
- Licensure
-
Mnadatory to practice nursing
Liability for licensure arises in:
-care given below the standards of care
-practice beyond the scope of license
-drug abuse
-client abuse - Standards of Care
-
The expected level of performance or practice as established by guideline, authority or custom
-Institution policy or procedure
-Professional organisation (ANA)
-Government agencies (JCAHO) - Tort
-
Subject to acation in civil court.
May be intentional or unintentional - Crime
- Punishable by states
- Intentional Torts
- Assault, Battery, Defamation of character, Fraud, Invasion of privacy, False imprisonment
- Assault
- The threat of touching another person without consent
- Battery
- Actually carring out a threat of touching another person without consent
- Defamation of Character
- False communication tht results in injury to a person's reputation by mans of print (libel) or spoken work (slander)
- Fraud
- Willful, purposeful misrepresentation of self or an act that may cause harm to a person or property
- Invasion of privacy
- Disclosing confidential information to an inappropriate 3rd party
- Unintentional Torts
- Negligence, Malpractice
- Negligence
- An act of omission or commission. (doing or not doing something that a reasonable prudent person would or would not do in the same situation)
- Malpratice
-
Negligence by a professional
-must prove a deviation from a standard of care that caused damage to the client
Four element necessary to prove malpractice:
-a duty to the plaintiff
-a failure to mee the standard of care (breach of duty)
-causation
-damages - Informed Consent
-
Voluntary permission for specific procedures based on information and knowledge
The provider performing the procedure is charged with obtaining the informed consent - Element that must be present for Informed Consent
-
-current medical status and general course of the illness
-proposed treatment and rationale
-risks and benefits of proposed treatment
-risks of not consenting to treatment
-alternatives to the proposed treatment including non-treatment and the risk and benefits of such - Legally Sensitive Areas of pratice
- Controlled substances, Euthanasia, advanced directive, resuscitation, organ donaltion, autopsy, wills
- Protection
-
Good Samaritan Laws
Professional Liability insurance - Good Samaritan Law
-
Offers legal immunity for health care professionals who assis in an emergency and render reasonable care under such circumstance
-still liable for gross negligence - Professional Liablity Insurance
- Generally covered under employers insurance. Having own policy ensure coverage in circumstances when employer's coverage does not apply
- Right to treatment
- Federal lasys entitles any client hospitalized in a public hospital to treatment
- Common Liability Issues
-
Failure to protect the safely of the client
Injury
Medication errors
defamation of character
disclosure of the confidential infomation - Punitive Damages
- Monies awared to an injured party in an intentional tort action to punish the defendant
- Five Elements needed to prove negligence
-
Duty
Breach of duty
Cause in fact
Proximate cause
Damages - Res IPSA Loquitur
- "The thing speaks for itself" A doctrine of law that applies when the defendant has exclusive control of the thing or treatment that causes harm and where the harm could not occur without negligent conduct
- Respondeat Superior
- "Let the master answer", a doctrine of law tht holds the employer responsible for the legal consequences of the acts of the employee while the employee acts within the scope of employment