Legal implications of nursing

legal issues in nursing articles

Common law results from judicial decisions made in courts when individual legal cases are decided. More specifically for a wound care nurse, the standard of care would be that of an average nurse practicing in the area of wound care and delivering nursing care to a same or similar patient under the same or similar circumstances.

Donabedian A Evaluating the quality of medical care. A misdemeanor is a less serious crime that has a penalty of a fine or imprisonment for less than 1 year.

Stay up to date in your field of practice. American Nurse Today, 7 124— Failure to provide inmates with access to health care to meet their serious medical needs can be litigated under the Eighth Amendment as deliberate indifference or under the 14th Amendment as a civil rights violation.

The key point is to protect your patients and yourself by implementing the complete nursing process and thorough documentation.

Legal implications of nursing

First, did the nurse have a duty to the patient? HIPAA provides that individuals must be provided with medical records within 30 days of a request. Another way is through oral communication, for example, by telling a correctional officer of a need to be seen by medical, or mentioning a health concern to the nurse during medication administration. Conclusion In this chapter, a general overview of the legal aspects of nursing has been presented. The best way for nurses to keep up with the current legal issues affecting nursing practice is to maintain familiarity with standards of care and the policies and procedures of their employing agency and to read current nursing literature in their practice area ANA, Sources of Law The legal guidelines that nurses follow come from statutory law, regulatory law, and common law. Am J Nurs 82 2 : , , Google Scholar 4. You need to know the policies, procedures, and protocols of your employing institution so you use the same standard of care as the other nurses in your institution. Nursing standards of care are described in the Nurse Practice Act of every state, in the federal and state laws regulating hospitals and other health care institutions, by professional and specialty nursing organizations, and by the policies and procedures established by the health care facility where nurses work Guido, A felony is a crime of a serious nature that has a penalty of imprisonment for longer than 1 year or even death. Additionally, if testimony about nursing is to be provided, it must be from a nurse with experience in the area of nursing in question. Beneficence doing good 4. The rules and regulations enacted by a State Board of Nursing define the practice of nursing more specifically.

In contrast, the correctional nurse may face ethical situations daily. The scope of practice of nurses can also be further defined by hospital policies and procedures.

nursing legal terms

Health care is one of the most regulated sectors of commerce, and much of the regulation of the industry comes from federal and state laws.

Cornell University Law School. While earlier definitions tended to be task oriented, current definitions of nursing practice tend to be broad and general. Nursing malpractice Innurses were finally identified as professionals worthy of the protection of the law afforded to other medical professionals, when statutory protection was afforded to nurses who might be sued on the basis of nursing practice.

Legal responsibilities of a nurse

Previously, penalties were limited to the institution. For example, a wound care nurse would be held to the standard of a reasonable wound care nurse, practicing under the same or similar circumstances, in the year the incident occurred. The best way for nurses to keep up with the current legal issues affecting nursing practice is to maintain familiarity with standards of care and the policies and procedures of their employing agency and to read current nursing literature in their practice area ANA, However, most actions do not result in specific judgments against nurses. The law applies to all health care facilities providing services and receiving federal reimbursement, including nursing homes, home health agencies, clinics, and hospitals. The legal standard of care for an advanced practice nurse would be that of an average and reasonable advanced practice nurse. References 1. When, how and why of advance directives: Tools for the cardiovascular nurse. Guidelines and policies, on the other hand, are static and provide more specific information regarding the delivery of certain aspects of nursing care as interpreted by individual institutions or organizations. Great Opportunity Nurses practicing in the correctional health specialty face many challenges; despite the challenges, correctional nurses have a great opportunity to contribute in positive ways to improve the health of this vulnerable population and to have a larger impact on the greater public health. Williamson JW Assessing and improving health care outcomes. Most states have a nurse practice act that serves as a general guideline regarding the practice of nursing and licensure requirements. Since the early s, federal and state legislation has been enacted to protect children from abuse. The scope of practice of nurses can also be further defined by hospital policies and procedures. However, some states, such as Michigan, still maintain a local standard of care for nurses.
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