Nursing law Ch3.pptx

-

1. CHAPTER 3 NURSING PRACTICE AND THE LAW

2. GENERAL PRINCIPLES

3. Meaning of Law Statutory law Common law Administrative law

4. Sources of Law The Constitution Statutes Administrative

5. Types of Law Criminal law Civil law

6. Criminal Law Criminal acts are considered offenses against the state Three categories of criminal law Felony Misdemeanor Juvenile

7. Civil Law Usually involve the violation of one person’s rights against another’s rights Tort Quasi-intentional tort Negligence Malpractice

8. Other Laws Relevant to Nursing Good Samaritan laws Confidentiality Slander and libel False imprisonment Assault and battery

9. STANDARDS OF PRACTICE

10. Nursing Standards Established as guidelines for the profession to ensure quality of care Also used as criteria to determine whether appropriate care has been delivered

11. Types of Standards Internal standards Organizational standards Accepted state and national standards Nurse Practice Acts Patient Care Partnership

12. Internal Standards Developed by institutions Institutional policies Maintained in policy and procedure manuals

13. Boards of Nursing Develop the Nurse Practice Acts along with state legislatures The courts have upheld the authority of the boards of nursing to regulate standards With the expanded role of nursing, it is important to clarify the distinction between nursing and medicine

14. Uses of Standards in Nursing Negligence or Malpractice Standards are used as a guide State, local, or national standards Institutional policies that alter or adhere to the nursing standards of care Expert opinions on appropriate standards of care Available literature substantiating current standards

15. INFORMED CONSENT

16. Informed Consent Without informed consent many medical procedures could be considered battery Consent to treatment by the client gives the health-care personnel the right to deliver care without fear of prosecution

17. Informed Consent The physician obtains the consent Gives the client the information States the risks and advantages The nurse may be involved in the process by gaining signatures on the appropriate forms

18. Helpful Hints A mentally competent adult has voluntarily given consent The client understands exactly what he or she is consenting to The consent includes the risks, alternative treatments, and outcomes The consent is written

19. STAYING OUT OF COURT

20. Prevention Keep yourself informed about new information related to your area of practice Insist that the health-care institution keep personnel informed of all changes in policies and procedures and in the management of new technological advances

21. Prevention Always follow the standards of care or practice for your institution Delegate tasks and procedures to appropriate personnel Identify clients at risk for problems such as falls or the development of decubiti

22. Prevention Establish and maintain a safe environment Document precisely and carefully Write detailed incident reports File incident reports with appropriate personnel and departments Recognize client behaviors that may cause problems

23. COMMON CAUSES OF NEGLIGENCE

24. Common Causes of Negligence Client falls Equipment injuries Failure to monitor Failure to communicate Medication errors Medical errors

25. AVOIDING MEDICATION ERRORS

26. Medication Errors Right drug Right dose Right route Right time Right client Right documentation

27. APPROPRIATE DOCUMENTATION

28. Tips for Credible Documentation Contemporaneous Accurate Truthful Appropriate

29. COMMON ACTIONS LEADING TO MALPRACTICE SUITS

30. The 6 Fs Failure to appropriately assess a client Failure to report changes in client status Failure to document in the client record Failure to obtain informed consent Failure to report a coworker’s negligence Failure to provide adequate education

31. The 2 Big Bad Ones Altering or falsifying a record Violation of an internal or external standard of practice

32. If a Problem Arises When served with a complaint, immediately contact legal counsel Never sign any documents without legal counsel Notify your malpractice carrier if covered; notify your institution immediately Keep all correspondence: written and verbal

33. END-OF-LIFE DECISIONS

34. End-of-Life Decisions DNR orders Advance directives The “living will” Durable power of attorney Health-care surrogate

35. Mandatory Overtime Increased demand due to nursing shortages Physical and mental fatigue Increased physical and emotional stress Decreased concentration

36. Licensure In the United States, granted through the state government via state boards of nursing (NCLEX-RN)

37. Qualifications for Licensure Graduation from an approved nursing program English proficiency Disclosure of criminal conviction

38. NCLEX-RN Examination Computerized Adaptive Testing (CAT) Minimum and maximum number of questions Regulated length of time to complete the examination

39. NCLEX-RN Examination Based on client needs and the nursing process Multiple choice and alternative item formats Fill in the blank Drag and drop

40. Preparing for the NCLEX-RN Review courses Review books Videos DVDs

41. Moving? Endorsement Multistate licensure

42. Disciplinary Action State boards of nursing Major Issues: Falsifying documents Felony Drugs or alcohol Functioning outside the scope of practice Abuse

43. Conclusion Nurses need to be aware of the Nurse Practice Act in their states Nurses need to familiarize themselves with their institutions’ standards of care Nurses need to understand the most common causes of negligence Nurses need to document accurately and appropriately