Patient Rights
The right to make decisions about their own care
What is autonomy?
Always practice good communication, document accurately and clearly
What are key strategies nurses can use to minimize and protect themselves against legal challenges
A regulatory body that oversees the practice of nursing in a state
What is the State Board of Nursing?
Risks and Benefits
What should patients be informed about when making treatment decisions?
Failure to do something a reasonable person would do in a certain situation or doing something that a reasonable person would not do
What is negligence?
The right to protection from disclosure of care information without knowledge or consent
What is confidentiality?
U.S. Constitution, Statutory Law, Administrative Law, & Case Law
What are the primary sources of law in the United States?
A statute that that defines and regulates the practice of nursing in each state
What is a nurse practice act?
The physician or the advanced practice provider performing the procedure
Who should obtain the informed consent?
Assault, Battery, False Imprisonment, Invasion of Privacy, Disclosure of Information, Defamation of Character, Misrepresentation, Infliction of Emotional Distress
What are intentional torts that nurses can be held accountable for?
Mandatory reporting such as child abuse, communicable disease or gunshot wounds are exceptions to this right
What is the right to privacy?
What a reasonable and prudent nurse would have done
What is the legal standard of care?
Recognition of nursing schools, qualifications & processes for licensure, scope of practice, discipline
What is the focus of the rules of State Boards of Nursing
Voluntary, Informed, Able to give Consent
What are the elements of consent?
Professional misconduct, lack of skill or fidelity in professional duties, or immoral or illegal conduct
What is malpractice?
Written instructions regarding a patient's medical care preferences
What are advanced directives?
Expert witness testimony, policies & procedures, statutes or administrative rules, professional association standards, professional literature
What is evidence of the legal standard of nursing care?
Incompetent, unethical, or illegal practices by a nurse
What nurses have the duty to report to the State Board of Nursing
Ensuring that the patient's consent has been obtained prior to the procedure
What is a nurses' primary role in informed consent?
Duty of Care, Breach of Duty, Causation, Harm
What must a plaintiff must prove to recover damages?
Freedom from harm
What is nonmaleficence
Notifying nurses of charges against them, allowing them representation, to refute evidence against them, and have an impartial decision maker
What is due process?
Practicing while impaired
What is the most common reason why nurses are disciplined?
Who is a medical power of attorney?
Failure to: follow standards of care, use equipment responsibly, communicate, document, assess and monitor, act as a patient advocate
What are major causes of negligence