What are the
4 sources of law
?
1. Constitutions
- A set of basic laws that specifies the powers of the various segments of the government.
2. Statutes
- A written law of a legislative authority that governs a state, city, or country. Typically, statutes command or prohibit something, o
What is
criminal law
?
Focuses on the actions of individuals that can intentionally do
harm
to others.
Federal law requires that criminal background checks be performed on perspective employees working with the very young or the elderly.
Nurses are required by statutes to repor
Tort
law
A
civil wrong
or
wrongful act
, whether intentional or accidental, from which
injury occurs
to another.
Can be any of the following:
1. The denial of rights
2. The failure to comply with public duty
3. The failure to perform a private duty that results in
What is
civil law
Civil law governs
how individuals
relate to each other in everyday matters. It encompasses
both
contract and tort law.
It does
not
encompass criminal law.
Ordinary negligence
The failure to provide the care
a reasonable person
would ordinarily provide in a similar situation.
Professional negligence, malpractice
The failure of a person
with professional training
to act in a reasonable and prudent manner.
Standard of Care
-A minimal level of expertise that may be delivered to a patient.
-The conduct of a reasonably prudent nurse in similar circumstances.
-The
standard of care is evaluated to demonstrate potential breaches of duty
in malpractice cases.
Five components
necessary for
Professional Negligence
to occur
1.
A standard of care is in place.
2.
There is failure to meet the standard of care.
3.
Foreseeability of harm must exist.
4.
There must be a provable correlation between care and harm
5.
Actual patient injury must occur
Who
determines what
prudent care
is?
The question of whether a nurse acted with reasonable and prudent care is determined by the testimony of
expert nursing witnesses
.
Being
Sued for Malpractice
Just following physician orders" is
NOT
a defense for malpractice.
Nurses have an
independent responsibility
to take appropriate steps to safeguard patients.
Intentional Torts
include:
-
Assault
: A threat to touch another in an offensive manner (or a threat to cause harm) without that person's consent.
-
Battery
: The touching of another person without that person's consent
-
False imprisonment
: When individuals are incorrectly led to
Frequent
causes of claims against nurses
-Inadequate charting
-Inadequate communication w/physician or supervisors about changes in patient conditions
-Leaving potentially harmful items within patient reach
-Unattended patient falls
-Inaccurate counting of operative instruments and sponges
-Misi
The
Board of Registered Nursing
Protects Citizens by:
-RN licensing
-Monitoring of RN educational standards
-RN continuing education
-Disciplining RNs
Nurse Practice Act
The Nurse Practice Act is a legal instrument that
defines
what functions of nursing shall be and
sets standards
for licensure.
It
grants a nurse
the authority to carry out those functions
Each
state
has
its own
Nurse Practice Act, but all must be consiste
Good Samaritan Immunity
-Generally, a nurse is
not liable for injury
that occurs as a result of emergency treatment, provided that:
1. Care is provided at the scene of the emergency
2.The care is not grossly negligent
FLAT
charting acronym
F = Factual
L = Legible
A = Accurate
T = Timely
What are
Risk Management programs
?
-Are designed to
identify
and
correct system problems
that contribute to
errors in patient care
or
employee injury
.
Emphasis on risk management is on
quality improvement
and
protection of the institution from financial liability
.
Malpractice/Professional
Liability Insurance
-Nurses
may
need to carry their own malpractice insurance.
-They
may
be covered under the employer's liability insurance.
-Professional liability insurance provides an assurance and
pays for an attorney
to defend the nurse in a malpractice lawsuit.