Regulation of Nursing Practice (Table 7-1)
Torts
Legal Safeguards in Nursing Practice
Incident Reports
Potpourri
100

This state law defines the scope of nursing practice and licensure requirements.

What is the Nurse Practice Act?

100

Failure to act as a reasonable nurse would, resulting in harm.

What is negligence? (p. 153)

100

This must be obtained before performing procedures to respect patient autonomy.

What is informed consent? (p. 157)

100

This document is completed after an unexpected event that could harm a patient.

What is an incident report? (p. 162)

100

A nurse performs a procedure they have never done before without asking for help—this violates this legal safeguard.

What is maintaining competence and seeking supervision when needed?

200

This organization grants licenses to nurses and enforces disciplinary action.

What is the State Board of Nursing?

200

Threatening a patient with an injection without consent.

What is assault? (p. 151)

200

Accurate, timely charting is essential because it serves as this in court.

What is legal evidence? (p. 161)

200

Incident reports are used primarily for this purpose within healthcare systems.

What is quality improvement/risk management? (p. 162)

200

A nurse documents “patient doing fine” instead of objective findings—this fails to meet this documentation standard.

What is objective, factual, and complete documentation?

300

This type of law governs relationships between individuals and includes malpractice cases.

What is civil law?

300

Performing a procedure without patient consent.

What is battery? (p. 151)

300

Following institutional policies and procedures helps reduce this legal risk.

What is liability? (p. 161)

300

This information should NOT be documented in the patient’s chart regarding incident reports.

What is that an incident report was completed? (p. 164)

300

A nurse posts about a patient encounter on social media without identifiers—this still violates this safeguard.

What is protection of patient privacy/confidentiality?

400

A nurse administers medication outside their scope of practice—this violates this regulatory concept.  

What is scope of practice?

400

Restraining a patient without proper justification or order.

What is false imprisonment? (p. 152)

400

This is considered the nurse’s most important legal safeguard.

What is competent practice?

400

The person who witnessed the incident.

Who completes the incident form? (p. 164)

400

Seeking clarification when unsure of a patient change demonstrates this safeguard.

What is appropriate monitoring and reporting?

500

This lists the violations that can result in disciplinary actions against a nurse and also intend to prevent untrained or unlicensed people from practicing nursing.

What is nurse practice act?

500

A nurse shares false information that damages a patient’s reputation—this is this tort.

What is defamation? (p. 151)

500

A nurse questions an unusually high medication dose before administration—this safeguard is being used.

What is questioning unsafe or ambiguous provider orders?

500

A patient falls but is not injured—this still requires an incident report because of this rationale.

What is potential for harm and need for system review? (p. 162)

500

Verifying patient identity before medication administration helps prevent this type of error.

What is medication error?