medical-legal & ethical issues in nursing...8/26/2016 1 medical-legal & ethical issues in...
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8/26/2016
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Medical-Legal & Ethical Issues in Nursing
Alexa Schneider, PhD, PsyD, RN, FNP, LNCC, NY-SAFE
Objectives
Describe how current and future healthcare trends will impact legal and ethical issues in nursing.
Describe “best practices” that protect your license, influence quality of care and reduce risk.
Examine medical malpractice cases and the impact on the nurse and the various roles in the nursing profession.
Current and future healthcare trends
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Best Practicesthat protect your license, influence quality of care and reduce risk.
Medications
DNR
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Patient confidentiality
Patient Falls & Restraints
Incident reports
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Proper handoff communication
Abandonment
Sexual Misconduct
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Controlled Substances
Social Media
Telephone calls
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Pitfalls for NP’s
Red Flag Complaints
Documentation
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Documentation
Common Charting mistakes
Effective Documentation
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Red Flags
Documentation
Cases usually come to court a long time after the events occurred
Nurses usually have little or no recollection of the events surrounding the case and must rely on their documentation for what occurred.
Do you feel like your documentation would support you in a court of law?
2015 Statistics
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MEDICAL MALPRACTICE
Legal Role of the Nurse
Legal Negligence in Nursing
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Ways to Avoid Malpractice
ELEMENTS OF NEGLIGENCE
Deviation from the standard of care that results in harm to the patient
4 elements of negligence
Duty to act (Nurse – Patient relationship)
Breach of duty (SOC not followed - reasonably prudent nurse)
Damage (Physical & Psychological) No damage no case!
Causal connection (reasonably close connection between nurses conduct & injury)
All 4 must be proven
State Board of Nursing
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Nursing Charges
THREE CATEGORIES OF IMPAIRMENT
PROFESSIONAL Deficit in Medical Knowledge, Expertise or Judgment
BEHAVIORAL Includes unprofessional, unethical, or criminal conduct
MEDICAL Conditions which permanently impede or preclude a provider
from safely practicing medicine
Professional Misconduct
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Maintaining License & a Valid Registration Certificate
Code of Ethics
Grounds for Suspension & Revocation of License
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Be Competent in Your Practice
Impaired
Cases
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Professional Liability Coverage
Does having my own liability insurance policy make me a more likely target for a lawsuit?
Why need an individual professional liability policy?
Won’t employers insurance coverage protect me?
Conclusion
Embrace and participate in current and future nursing trends.
Maintain “best practices” that protect your license, influence quality of care and reduce risk.
Make the most of every day & have a grateful heart.