Identify Legal Safeguards for Nurses


However, it has its liability issues and legal pitfalls. You need to be aware of the legal considerations when embarking on a professional career. Ignorant nurses may face significant consequences. For nurses, documenting the file and process provides an advantage. First, it helps doctors make an accurate diagnosis so they can create a treatment plan. The second reason is to provide legal documentation on methods, observations, tests, and results in the event of a malpractice liability claim. Without documentation, it can be difficult to prove in court that all appropriate measures and investigations have been conducted, which is why accurate reports and records are so important to medical professionals. These are some of the legal issues one may face in nursing over the course of one`s career. A nurse needs to be aware of regulatory developments and stay informed. Nurses are required by law to accept only those duties that are appropriate to their right to practice and field of practice, and only those that they consider competent. Once the complaint and response have been filed with the court, lawyers for both parties consider the appropriate applications (an application is an application to the court to make an order). The defence may file a motion to dismiss on the ground that the application does not contain any facts that make the defendant liable to the plaintiff. The defendant may file a motion to dismiss before responding to it.

The plaintiff may apply for summary judgment stating that the facts making the defendant liable to him or her are not in dispute. A court that grants one of these advance requests can end the trial, which is why these are usually the first cases to take place. If these requests are denied, the action will continue. Legal settlements/agreements from a court case are admissible throughout the court proceedings. Nursing students, nurses and other members of the health care team should exercise extreme caution when posting on Facebook, Instagram, Twitter, Snapchat and other social media sites. Information about patients, patient care and/or health authorities should never be posted on social media. Members of the health care team who violate this policy may lose their jobs and face legal action, and students may be sanctioned or excluded from their program of care. Keep in mind that even if you plan to post in a private group, the information can become public. To avoid being sued for negligence or malpractice, it is important that nurses and nursing students follow the scope and standards of practice care set out in their state`s nursing practice law. the American Nurses Association; and employer policies, procedures and protocols to avoid the risk of losing their care licence. Examples of breaches of duty by nurses that may be considered negligence include:[4] If a nurse does not protect this information or share it with an unauthorized person through a platform, she may be subject to legal action. It is an essential part of the judicial process that allows representative lawyers to uncover the truth.

Clarify the facts, determine the strengths and weaknesses of the case, plan a litigation strategy, and allow and negotiate an agreement for both parties before the trial begins. As mentioned earlier, nurses are often put in the way of physical danger, but nurses can also suffer in other ways. As a nurse, you can be sued for things like medication errors, falls, bedsores, and neglect. You may have to work in an unsafe environment, receive unfair financial compensation for your work and studies, or face ethical dilemmas that have haunted you for years. The good news is that there are safeguards in place for these situations. Do you know her? Computer forensics experts help ensure that no digital evidence is overlooked and assist them at every stage of a forensic investigation or litigation, regardless of the number or location of computer sources. Forensic experts assist lawyers in their most complex and sensitive investigations or disputes related to electronic evidence. As with other training needs, nurses assess academic deficits of clients and staff, as well as educational needs regarding legal issues that affect their care or care.

As a result of this evaluation, educational activities aimed at addressing the identified educational needs are planned, implemented and evaluated according to their effectiveness in meeting the identified educational needs. Patients have the right to refuse help or physical interaction and even treatment. They can request legal activities if they are affected without their consent. Emergency room nurses often experience this. If someone seems to have a mild emergency or an unpleasant symptom, it can be easy to misdiagnose the problem. However, any small delay in referral to a specialist or consultation with a physician can put nurses at risk of malpractice, especially if a symptom has been ignored (or misunderstood) and the condition or emergency has escalated into a life-threatening circumstance. Although not a legal document, the Bill of Rights serves as a guide to obtaining professional rights for nurses. You may be thinking, “What exactly is the point of a bill of rights if the law does not support me?” We`re here to show you how the law helps you with each of these rights so you can do your job without fear.

The plaintiff`s claim seeks damages or compensation from a defendant who allegedly caused the injury. The application shall set out the legal and factual grounds on which the plaintiff considers that the defendant is responsible for his offence. “I`m just trying to do what I`m supposed to do. That`s all. These words, spoken by Utah nurse Alex Wubbels shortly before her arrest, reflect a fundamental truth about nurses. Nurses are supposed to protect their patients, and the fact that nurses are the most trusted professionals suggests that they are largely fulfilling this duty. Here are some of the most important legal issues nurses can encounter: Some of the legal terms you need to know are: Another guiding principle of nurses is the principle of non-malice, which defines the phrase “First, do no harm.” This is the basis of one of the most important medical principles – that a doctor should not harm patients, but do them good. This principle has been researched and continues to be defined because health care professionals involved in end-of-life decisions can order treatments that they believe will do good, without considering that the treatments will harm (or only acceptable levels of harm).

Legal systems and the conditions under which nurses work vary from country to country. This course focuses on the U.S. legal system. During your previous studies, you may have learned about the three sources of law in the United States: law, administrative law, and common law. You may also have heard about liability, negligence and the Good Samaritan Act. These and many other concepts are described in this section. Each state will have a legal law governing the practice of nursing. This is called the Nursing Practice Act. Each state adopts rules known as administrative law to establish standards of care. The standard of care is listed for each practice area and usually follows with examples of violations and penalties for each standard. The state will appoint a committee of nurses and members of the public to help draft these rules (laws) and form a disciplinary body. Health care is fraught with legal pitfalls that can have a significant impact on uninformed nurses.

An accredited online Bachelor of Science in Nursing (RN to BSN) program typically includes courses on the ethical and legal issues that arise in nursing. Since professional requirements for caregivers include a legal and moral obligation to protect patient privacy and the obligation to provide mandatory reporting, it is important that they understand the particularities of health law. This way, nurses can practice with confidence, avoid accidental damage and protect their livelihood. As with other educational needs, nurses provide educational activities to clients, family members and other staff on legal issues that may affect the care they provide.