The law sets an obligatory minimum standard for practice, while ethical principles often impose a higher standard. Criminal law governs conduct that is detrimental to society and its purpose is to punish for the crime and prevent further crimes. Civil law governs conduct that is detrimental to an individual and its purpose is to make the aggrieved person whole again. Negligence is failure to act in a manner demonstrating the care and knowledge any prudent individual would use. Malpractice refers to professional negligence. For liability to be established, breach of duty must be determined to be the proximate cause of harm.
Overview of the Legal Process and Legal Relationships
Civil litigation involves filing a claim, discovery, and a verdict and possible appeal after evidence is presented. Criminal litigation involves a trial, deliberation, verdict, sentence, and possible appeal. The nurse-patient relationship has a legal basis: the duty to provide professional care. A failure to do so gives rise to legal liability. Examples of nursing liability can fall into several areas: practice, monitoring, and communication. Common preventable errors in nursing include failures to collaborate, clarify, and communicate. Breaches in standards of care may include failure to use proper judgment, notify physician of a change in status, and document patient’s status or condition in a timely and proper fashion.
Regulation of Practice and Legal Issues
Patients’ rights are outlined in several documents and laws, including the Patient’s Bill of Rights (1972) and the Health Insurance Portability and Accountability Act (HIPAA) (1996). The laws that formally define and limit the scope of nursing practice are called nurse practice acts. Standards of care define required, permitted, and prohibited actions. Failure to secure informed consent may result in civil liability for battery, the unlawful touching of a person. The nurse is responsible for securing the physical materials and technological resources that contain confidential information. Information that can be used to identify a patient is considered protected health information (PHI).
Nurses can be liable or terminated for inappropriate use of social media. Any breach in the confidentiality of information kept in a patient’s medical record risks legal liability. Nurses can take varied steps to protect against invasion of privacy through physical means and handling of information. It is the responsibility of the nurse to know the signs of abuse and the procedures for reporting suspected cases.
How to Avoid a Lawsuit, Insurance, and the Disciplinary Process
The likelihood of a lawsuit can be reduced by building trust, respect, and honest communication with patients; following the standards of care and facility policies and procedures; and properly documenting care in the medical record. Nurses must evaluate their personal level of vulnerability when deciding whether to obtain insurance, including professional liability insurance and disciplinary defense insurance. If a nurse receives a letter from the board of nursing alleging breaches of the standards of care or infractions of patient safety practices, it is best to seek legal representation. Investigation of a claim by the state board of nursing regarding licensure issues or disciplinary actions can result in various outcomes ranging from a dismissed charge to revocation of the license.
Summary
The law sets an obligatory minimum standard for practice, while ethical principles often impose a higher standard. Criminal law governs conduct that is detrimental to society and its purpose is to punish for the crime and prevent further crimes. Civil law governs conduct that is detrimental to an individual and its purpose is to make the aggrieved person whole again. Negligence is failure to act in a manner demonstrating the care and knowledge any prudent individual would use. Malpractice refers to professional negligence. For liability to be established, breach of duty must be determined to be the proximate cause of harm. Civil litigation involves filing a claim, discovery, and a verdict and possible appeal after evidence is presented. Criminal litigation involves a trial, deliberation, verdict, sentence, and possible appeal. The nurse-patient relationship has a legal basis: the duty to provide professional care. A failure to do so gives rise to legal liability. Examples of nursing liability can fall into several areas: practice, monitoring, and communication. Common preventable errors in nursing include failures to collaborate, clarify, and communicate. Breaches in standards of care may include failure to use proper judgment, notify the physician of a change in status, and document the patient’s status or condition in a timely and proper fashion. Patient’s rights are outlined in several documents and laws, including the Patient’s Bill of Rights (1972) and the Health Insurance Portability and Accountability Act (HIPAA) (1996). The laws that formally define and limit the scope of nursing practice are called nurse practice acts. Standards of care define required, permitted, and prohibited actions. Failure to secure informed consent may result in civil liability for battery, and the unlawful touching of a person. The nurse is responsible for securing the physical materials and technological resources that contain confidential information. Information that can be used to identify a patient is considered protected health information (PHI).
Nurses can be liable or terminated for inappropriate use of social media. Any breach in the confidentiality of information kept in a patient’s medical record risks legal liability. Nurses can take varied steps to protect against invasion of privacy through physical means and handling of information. It is the responsibility of the nurse to know the signs of abuse and the procedures for reporting suspected cases. The likelihood of a lawsuit can be reduced by building trust, respect, and honest communication with patients; following the standards of care and facility policies and procedures; and properly documenting care in the medical record. Nurses must evaluate their personal level of vulnerability when deciding whether to obtain insurance, including professional liability insurance and disciplinary defense insurance. If a nurse receives a letter from the board of nursing alleging breaches of the standards of care or infractions of patient safety practices, it is best to seek legal representation. Investigation of a claim by the state board of nursing regarding licensure issues or disciplinary actions can result in various outcomes ranging from a dismissed charge to revocation of the license.