Laws
What type of law protects the public’s right to expect to receive treatment that meets the standards of nursing care?
Federal Law
QD is this correct to chart?
No! QD means daily and could be mistaken for qid (four time a day) or od (right eye)
Negligence
Occurs when a medical professional fails to meet their professional obligations to a patient and causes preventable harm
“Do Not Use” Abbreviations
q.o.d., Q.O.D., QOD, qod Write “every other day.”
What happens to the direct nurse if they do not have an order for restraints for a non-emergency?
Charges of assault, battery, and false imprisonment of nurses who use restraints improperly
Common law?
Law that is established not via legislative bodies but rather through the decisions of judges
Nurse documentation is essential when restraints are applied.
patient’s mental and physical status and neurovascular and skin assessments.
Liability
Being legally responsible for harm caused to another person or property as a result of one’s actions; compensation for harm is normally monetary.
What do you need to have for restraints?
Order, time, date, signature, mental status, nervous and skin assessment
Consequences for the nurse charged with assault may include the following:
• Imposition of fines and punitive damages
• State board of nursing disciplinary action
• Termination by the employer
Civil law?
Civil Law regulates all non-criminal rights. It involves private parties, with one finding "fault" in the other
Which situation frequently results in a nursing negligence claim?
Reporting
Monitoring
Communication
Safety
Nursing Practice Act
The body of state law that sets out the scope of practice and responsibilities of the registered nurse in order to protect the health and welfare of individuals or communities under the care of the registered nurse
In an emergency can a nurse restrain a patient and what is the reason?
Yes and if the nurse is protecting the patient from harming themselves.
Misdemeanors that nurses are commonly charged with include the following:
• Illegal practice of medicine
• Failing to report child or elder abuse
• Falsification of a patient’s medical record
• Assault and battery and physical abuse of patients
License law?
Laws established for the qualifications to obtain and maintain a license to perform certain services.
Informed Consent
The physician or advanced practice nurse has a duty to disclose information so that the patient can make intelligent decisions
Standard of care
In civil cases, the legal criteria against which the nurse’s (and physician’s) conduct is compared to determine whether a negligent act or malpractice occurred; commonly defined as the knowledge and skill that an ordinary, reasonably prudent person would possess and exercise in the same or similar circumstances
Risk Mangement
Process of identifying, analyzing, and controlling risks posed to patients; involves human factor and incident analysis, changes in systems operations, and loss control and prevention.
Board takes disciplinary action
Possible actions:
Board issues formal reprimand
Fines levied against nurse
Nurse placed on probation
License suspended or revoked
License not renewed
Nursing case law?
The body of written legal opinions developed by judges through court decisions that eventually contribute to the expected standard of nursing conduct.
What is hospital against medical advice (AMA)?
Is when a patient chooses to leave a hospital before their doctor recommends it
Durable power of attorney for health care
An instrument that authorizes another person to act as one’s agent in decisions regarding health care if one becomes incompetent to make one’s own decisions
Strategies to reduce legal risk
-Keep up to date with current evolving standards
-Obtaining liability insurance
-consult risk management team
Which incidences are the basis for disciplinary action by state boards of nursing?
- Falsification of nursing records
- Medicare fraud
- Practicing without a valid license
- Misappropriation of a patient’s personal belongings