Nurse practice acts
Define the legal boundaries of nursing practice within each state to protect patients and nurses
Criminal cases
Crimes against an individual/society (Nurse intentionally giving a lethal dose to pt)
Civil cases
One sues a person to compensate for a loss (Negligence, malpractice)
5 elements that must be present for a professional to be held liable for malpractice
Standard of care, breach of duty, foreseeability of harm, failure to meet the standard of care must have potential to injure the pt, actual pt harm
Standard of care
Degree of quality that is considered adequate
Breach of duty
Standard care is violated; calls on nurses to be expert witnesses
Foreseeability of harm
If it can be seen that the injury was a result of their action. Ignorance isn't an excuse, but lack of information can affect it.
Failure to meet the standard of care must have the potential to injure the patient
Correlation between the injury and lack of care
Actual patient injury
Must be shown that the nurse directly caused the injury and that it wouldn't have happened without their actions.
4 ways nurses can reduce risk of malpractice claims
Always put patient first, continue education, follow hospital protocols, use of evidence-based practice.
Benefits of having own malpractice insurance policies
- Insurance from the facility a nurse is working for doesn't cover all the potential risks because there are holes in the coverage.
- The facility has a right to refuse defending the nurse.
- With their own coverage the nurse can choose who represents the
Reason a nurse may have their license revoked
Negligence, felony conviction in nursing practice, giving meds without an order, working with intoxicants in system.
EMTALA
Emergency Medical Treatment and Active Labor Act (Anyone who comes to the emergency department must be treated with quality care regardless of insurance/financial status)
PSDA
Patient Self-Determination Act (This encourages patients to make their own decisions regarding their healthcare if they were injured)
HIPAA
Health Insurance Portability and Accountability Act (Protects patient's health information. Their information can't be released without their consent and they have a right to view their medical record.)
HITECH
Health Information Technology for Economic and Clinical Health Act (Encourages providers to switch to EHRs. Also raises standards for protection of a patient's EHR information.)
Standard of Care
Written standards of care and faculty/organizational policies are guidelines as to how patient care is to be conducted by nurses
Can physicians testify during a trial with a nurse being sued?
No, only nurses can provide testimony as to what the average nurse would do in similar circumstances
Common malpractice claims occur against nurses due to nurses failing to:
-Assess/monitor
-Follow standards of care
-Use equipment in a responsible manner
-Communicate
-Document
-Act as a patient advocate and follow chain of command