legal risks in your nursing practice.doc

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  • 8/10/2019 Legal Risks in your Nursing Practice.doc

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    Legal Risks in your Nursing Practice

    Malpractice and other legal risks

    Statutory Liability

    Malpractice may not be your biggest legal risk. Nurses may be more likely to find themselves in legal trouble for violating

    statutes.

    This may result in more than just civil penalties.

    Criminal charges may be filed.

    Key Sources of Statutory Liability

    ederal anti!fraud la"s

    State reporting re#uirements.

    $nti!fraud $ctivities

    ederal government mounted an aggressive campaign against healthcare fraud.

    %&panded the list of activities that constitute fraud.

    'mposed ne" criminal sanctions on violators.

    'ncreased the budget to investigate and prosecute this crime.

    raudulent $ctivities

    (illing for services that are either not done or are unnecessary.

    alsifying care plans

    orging physician signatures

    iling false cost reports

    alsifying or omitting information about a patient)s condition

    raudulent $ctivities

    Criminal conduct if intentional misrepresentation or deception in order to obtain

    payment

    or civil fraud the legal threshold is lo"er* that is specific intent is not re#uired.

    +eliberate ignorance of the truth

    ,eckless disregard for the truth

    ,eporting La"s

    This constitutes another legal risk

    ailure to comply "ith reporting la"s can result in-

    Civil penalties

    Criminal misdemeanor charges

    (oth could apply

    ,eporting La"s

    Nurses are re#uired to report cases of suspected child abuse or neglect

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    Most states also re#uire reporting of suspected elder abuse or neglect as "ell.

    ou are not re#uired to have proof* but need only to have a reasonable belief that

    abuse has occurred.

    'f your report is made in good faith* most states besto" immunity from liability if

    investigation reveals no abuse or neglect.

    ,eporting La"s

    Kno"n or suspected cases of rape.

    /unshot "ound or stab "ounds.

    Some states re#uire reporting patients kno"n to have taken narcotics or a blood

    alcohol level in e&cess of the driving limit.

    ,eporting La"s

    ,eporting may not al"ays refer to the patient* but also include a healthcare

    provider.

    May be re#uired to report to the governing body that issues the license for a

    professional care provider.

    May be re#uired to report any provider "ho is incompetent or acts

    unprofessionally.

    0histleblo"er protection la"s protect good faith reporting.

    1rotect ourself

    ,isk Manager at your facility may be a resource.

    our state licensing agencies may also ans"er #uestions

    The State $ttorney /eneral)s office may also help.

    Keep up!to!date as ne" la"s affect your practice.

    Minimi2e our ,isks of Malpractice La"suits

    T"o principles are priorities in minimi2ing your risks.

    3nderstand "hat motivates a patient to file a la"suit.

    4bserve standards of practice that foster good relationship "ith each and every

    patient5family.

    1atients and their families "ho bring la"suits are $L0$S $N/,.

    Malpractice La"suitsCommon Complaints

    They felt abandoned.

    They felt the patient)s discomfort had been ignored.

    No e&planations about their care or the outcome "ere given.

    That their opinions "ere discounted.

    Compassion

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    $ccording to one study* 67 8 of the cases found that the plaintiff had a

    problematic relationship "ith the healthcare provider.

    1roviders "ho sho"ed compassion and caring are most often N4T named in

    malpractice cases.

    Communication Matters

    Communication skill is one of the most important effective "ays to sho" our

    patients "e care about them.

    9o" you communicate "ill influence ho" the patient and his family "ill perceive

    the #uality of their care.

    Communication

    'f you communicate poorly* the patient or his family may perceive the #uality of

    care "as poor.

    ,egardless of your clinical skills* a provider "ho communicates poorly is more

    likely to be sued.

    Common :ualities of 1roviders Never Sued.

    They e&plained "hat the patient)s could e&pect during the visit.

    They asked their patient)s opinions .

    They encouraged them to talk.

    They also used humor and laughter more.

    They ensured that patients understood their care.

    They spent more time "ith patients during office visits.

    Critical 1oints

    1atient satisfaction

    $de#uate e&planations about diagnosis and treatment plans.

    Trusting respectful relationship "ith the patient.

    3se ;Care< 0ith %ach 1atient

    C=Connect "ith the patient.

    $=$ppreciate the patient)s situation.

    ,=,espond to "hat the patient needs.

    %=%mpo"er the patient.

    9o" ou Communicate

    Communications is most important to your nursing care.

    /ood communication "ill affect-

    0hat you do

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    9o" you listen

    0hat you say