LEGAL ISSUES IN NURSING

Ms. Alisha RijalLecturer

Psychiatric Nursing

Objectives

Terminologies

Introduction

Rules of conduct, established and enforced by authority, which prohibit extremes in behavior so that one can live without fear for oneself or one’s property”.

By Sullivan and Decker, 2001

Definition

Law is a system of right and obligations which

the state enforces

Halstead

Contd..

Types of law

Criminal law Civil

law

Common law

Sources of Law

Nurses have more responsibility

Increased numbers of Advanced Practice Nurses

To assist in the decision-making

Protection of nursing practice

For the identification of the risk of liability

Importance of Law

Legal framework for Nursing in India

Impaired nurse

Civil wrongs committed by one person against

another

Torts

CLASSIFICATION OF TORTS

Intentional

torts Quasi-intentional

torts

Unintentional

torts

video1

INTENTIOAL TORTS

Assault Battery False imprisonment

Invasion of privacy

MEANING

QUASI-INTENTIONAL TORTS

Intrusion of Solitude

Appropriation of Name, Likeness or

Identity

Public Disclosure of Embarrassing

Private Facts

Types of invasion of privacy

Health privacy laws Financial privacy laws Online privacy laws Communication privacy laws Privacy in one's home Information privacy law

LAW OF PRIVACY

Communication

Authority obtain

Informed consent

Defenses to breach of confidentiality

UNINTENTIONAL TORTS

Negligence

The omission of an act that a reasonable and prudent person would perform in a similar situation or the commission of something a reasonable person would not do in that situation

Joseph J Catalano

Definition

Unintentional conduct that falls below a standard of care established for the protection of others against unreasonable risk of harm

JA Halstead

Contd..

Elements

Video 2

Malpractice

Improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position

JCAHO

Definition

Failure of a professional person to render proper services through reprehensible ignorance or negligence or through criminal intent, especially when injury or loss follows

Medical Dictionary

Contd..

Elements

Failure to follow a physician‘s orders

Delaying patient care

Types of Nursing Malpractice

Statute of limitations

Failure to file that lawsuits

Assumptions of harm

Contributory of negligence

Issues affecting outcome of malpractice claim

PersonalLiability of a Claim

Contd…Institution

Avoid Malpractice

Contd…

Prevent Equipment failureContd..

Reporting and recording

Causing damages to someone else’s reputation

Common quasi intentional torts

Libel

slander

Defamation of character

Truth

Privilege

Avoid negative statements

Medical record documentation

Defense to defamation accusations

Common Five legal issues

Current legal issues

Act of 1996

numerous offenses relating to health care and sets civil and criminal penalties for them

creates several programs to control fraud and abuse within the health care system

Health Insurance Portability and Accountability

may not be able to pay or have insurance or other programs pay for the associated costs,

they are legally responsible for any costs incurred as a result of their care under civil law.

fail to pay cannot be held criminally liable unless they intentionally and knowingly provide false identifying information to dodge billing

Emergency Medical Treatment and Active Labor Act

Failure or damages caused during installation or

utilization of an EHR system

implementation of electronic health records

carries with it significant legal risks

Electronic health record

Health care costs and payment issues

Health care delivery services issues

Other issues

Issues about life and death

Abortion

Fetal rights

Human experiment and research

Patient rights

Contd…

Medical record

Evidence of lawsuit

Statute of limitations

Complaint

Answer

Discovery

Deposition

Trial

Facing a lawsuit

Medical record

Rapport

Skills

Knowledge of the client

Prevention of lawsuit

Appointing and assigning Quality control Observation and reporting Protect public Record keeping and reporting Responsibility for death and dying

LEGAL RESPONSIBILITIES OF NURSE

SummaryJournal Abstract

Conclusion

THANK

YOU!!!