1. Chapter 12 Legal Accountabilities in the Health Care Environment

2. Patient Safety Issues Mandatory overtime Reduction of nursing leadership Long hours The right to refuse an assignment

3. Discrimination Federal statutes covering discrimination based on –Employment –Race –Color –Religion –Gender

4. Discrimination Federal statutes covering discrimination based on –Sexual harassment –Pregnancy –Age discrimination –Disability

5. Specific Discriminations Sexual harassment Age Gender Abilities (ADA) –Dependency

6. Legal Instruments Power of Attorney (POA) Durable Power of Attorney Advance Directive

7. HIPAA Enacted by Congress –Reduces administrative costs by standardizing electronic health care transactions –Encourages electronic transmission for these transactions

8. Negligence Conduct that falls below the standard established by law Conduct that places others at risk of harm

9. Malpractice Case? To establish a malpractice case, a patient must prove four elements: –Nurse owed individual duty of care –Care was breached –Breach resulted in injury –Injury caused actual damage

10. Informed Consent Encompasses an individual’s granting consent –Expressed or implied –Right to refuse treatment Competent versus incompetent

11. The Nurse Practice Act Purpose –Protects public from unsafe practitioners –Ensures quality nursing practice rendered by qualified practitioners Defined by each state

12. Good Samaritan Statutes Act must be volunteer in nature –Person receiving help must not object –Rescuer must be acting in good faith –Services must be free –Within the limits of a license