DHSR Approved Curriculum-Unit 51

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3 LEGAL ISSUES IN NURSING PRACTICE

DHSR Approved Curriculum-Unit 54 LEGAL ISSUES Emergency care focuses our attention on:  interaction of nursing and law  legal liability  medical-legal issues

DHSR Approved Curriculum-Unit List six legal responsibilities of a nurse aide.

DHSR Approved Curriculum-Unit 56 Legal Issues Authorized or based on law –Legislated by state and federal government –Liable if laws not obeyed Fines Imprisonment

DHSR Approved Curriculum-Unit 57 Legal Issues (continued) No fear of breaking laws if nurse aide: –performs only acts within scope of nurse aide –keeps skills and knowledge current –keeps resident’s safety and well- being in mind –understands directions for care

DHSR Approved Curriculum-Unit 58 Legal Issues (continued) No fear of breaking laws if nurse aide: –follows facility policy –does no harm to residents or their belongings Laws designed to protect public welfare

DHSR Approved Curriculum-Unit Give examples of malpractice and negligence.

DHSR Approved Curriculum-Unit 510 Legal Issues: Civil Law Examples Of Torts Malpractice –Giving care for which you are not allowed legally to do –Providing improper care

DHSR Approved Curriculum-Unit 511 Legal Issues: Civil Law Examples Of Torts (continued) Malpractice –Example: nurse aide giving medication –Example: nurse aide performing treatment only allowed by licensed nurses

DHSR Approved Curriculum-Unit 512 Negligence –Unintentional wrong –Failure to perform in reasonably prudent manner Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 513 Negligence –Example: brakes on a wheelchair not locked and resident falls –Example: defective equipment not reported and resident is harmed Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 514 Assault –Care or treatment without proper consent (intentional) –Threatening to injure a resident or co-worker Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 515 Assault –Example: rough treatment of residents during care –Example: performing procedure resident has refused –Example: threatening to restrain resident Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 516 Battery –Unlawful touching of another person without his or her consent Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 517 Battery –Example: nurse aide striking resident –Example: does procedure resident refuses Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 518 Battery –Get informed consent Written – safest Verbal Gesture Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 519 Invasion of privacy –Unnecessary exposure of individual –Revealing personal information without consent Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 520 Invasion of privacy –Example: giving news media information without resident’s permission –Example: giving information to insurance company without permission Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 521 False imprisonment –Restraining an individual –Restricting resident’s freedom Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 522 False imprisonment –Example: use of physical restraints without authorization or justification –Example: preventing resident from leaving facility against resident’s will Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit 523 Defamation –False statements that cause a resident to be ridiculed or cause damage to their reputation Example: slander – spoken Example: libel – written Legal Issues: Civil Law Examples Of Torts (continued)

DHSR Approved Curriculum-Unit Identify the responsibilities of the nurse aide when a resident wishes to make a will.

DHSR Approved Curriculum-Unit 525 Wills Legal document giving direction on how resident wants property distributed after death –Refer requests to prepare will to supervisor –Nurse aide may witness signing of will Check facility policy Discuss with supervisor

DHSR Approved Curriculum-Unit 526 NEGLIGENCE AND MALPRACTICE Definitions  Negligence is a deviation from the accepted standard of care which places a person at risk.  Malpractice is professional negligence when the conduct fails to meet the legal standard of care and someone is damaged as a result.

DHSR Approved Curriculum-Unit 527 ELEMENTS OF A LAWSUIT  DUTY - A nurse-client relationship exists and judges the action compared to others in like circumstances  BREACH OF DUTY - Failure to perform to the standard  CAUSATION - Connection between action and injury  DAMAGES - Actual loss which occurred

DHSR Approved Curriculum-Unit 528 STANDARD OF CARE  State Nurse Practice Act  ANA-Standards of Clinical Nursing Practice  National Association of School Nurses (NASN)  School policy and protocols  CPR or BLS national standards

DHSR Approved Curriculum-Unit 529 RELATED LEGAL ISSUES  Transport of injured or ill student by private automobile  Consent for treatment informed implied minors  Abandonment  Substance Abuse immunity from liability state decision  Good faith reporting  Drug testing

DHSR Approved Curriculum-Unit 530 DOCUMENTATION HELPFUL HINTS REGARDING DOCUMENTATION  Are all entries legible ?  Are there grammatical or spelling errors ?  Are entries signed correctly ?  Are entries dated and timed ?  Is the chart free of erasures and other alterations ?  Are entries made in black ink ?  Are known allergies highlighted ?

DHSR Approved Curriculum-Unit 531 Students Rights Within the School  Schools must show reasonable suspicion, for conducting a search.  Searches are restricted to the individual involved  Some states regard locker searches the same as personal searches.

DHSR Approved Curriculum-Unit 532 Special Issues  Child Maltreatment  Includes abuse and neglect  Your reporting responsibilities  Mandated reporter  Do Not Resuscitate (DNR)  Automated External Defibrillators (AED)

DHSR Approved Curriculum-Unit 533 Delegation by School Nurses FOUR ITEMS TO CONSIDER WHEN DELEGATING  RIGHT TASK  RIGHT PERSON  RIGHT DIRECTION  RIGHT SUPERVISION

DHSR Approved Curriculum-Unit 534 HIPAA Regulations Health Insurance Portability and Accountability Act  Confidentiality measures  Schools may be indirectly affected  Investigate any HIPAA related policies your school district may have in place

DHSR Approved Curriculum-Unit 535 Summary Keep in mind that practicing in a reasonable, professional manner and documenting your judgment and actions are the best defenses against litigation.

DHSR Approved Curriculum-Unit 536 ANY QUESTIONS??

DHSR Approved Curriculum-Unit 537