Doing something outside the realm of practice care is another serious legal issue. Nurses cannot practise medicine and a nurse who performs a procedure for which only doctors are authorized can be prosecuted and lose her nursing license. Also in the care there are gradations of the scope. Registered nurses and certified nurse anesthesiologists can inject a local anesthetic in most states, but only a CRNA can administer general anesthesia. A nurse administering general anesthesia is acting illegally. Interrogations are questions that are used to obtain certain information from a legal party of an opposing party. As a rule, questions refer to general information. Queries work best for getting simple factual information. (Example: Medical records indicate that ECG strips were used during Mr. Smith`s treatment on June 6, 2011. Please indicate if the ECG device worked properly.) Each hearing should be limited to a “one question/one fact” format, in accordance with the Federal Rules of Civil Procedure. This means that each interrogation can only ask for one fact. The use of compound questions is generally not allowed.
As previously mentioned, nurses are required by law to report all unsafe and inappropriate practices by health care workers and personnel. Once identified, the nurse should attempt to stop unsafe and/or inappropriate practices and report it immediately. Nurses have direct and frequent access to patients` personal health information and are responsible for protecting it. Patients have a right to privacy and expect to be deprived of it. Any unauthorized disclosure or disclosure of patient identification information is illegal under the Health Insurance Portability and Accountability Act (HIPAA). Nurses may refrain from openly discussing patient care – orally or in writing – with those who are not entitled to access it. This includes maintaining confidentiality in the presence of other nursing colleagues and health care providers. 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. Tillett J Legal Issues in Youth Care. Nurse Pract, September 2011, 36(9) p8-9 According to experts, racial and ethnic differences in healthcare are among the most important patient safety issues for 2021. We have seen this reflected in disparities in medical care between minorities in terms of access to health care, testing and vaccination during the COVID-19 pandemic.
The following studies illustrate the problem: All documentation and all forms of documentation are considered legal documents. The legal aspects of documentation, in addition to the legal requirements associated with confidentiality, include strict legal prohibitions on altering a record, deleting entries in the medical record, and falsifying documents. Staffing: The appropriate staff is the responsibility of the hospital, but also of the nurse, who is responsible for the proper and safe observation of medical care. Adequate staffing also includes the placement of nurses specially trained in specialized areas. A hospital is legally liable for negligence if staff do not meet the standards of care of state licensing regulations – for example, the requirement to assign specially prepared nurses to specific departments. Legal issues in nursing are almost always related to possible harm to the patient. The most egregious example of harm, active euthanasia, is illegal in any state — even Oregon`s euthanasia law is subject to legal review — and a nurse who commits such acts can be charged with murder. But other, seemingly minor, problems can also have legal consequences. A medication error, failure to document, report changes in the patient`s condition, or act outside the practice area may result in a nurse being taken to court.
Standards of care begin with the code of care. This document, written by the American Nurses Association, addresses issues such as patient first, maintaining confidentiality, treatment of impaired nurses, and other potential ethical issues. Many of the topics of the Code of Ethics are transferred to nursing practice legislation, which provides specific guidance on what constitutes the practice of law. While there are similarities in nursing practice records, each state has its own law, and the nurse should be familiar with all aspects of nursing practice law in their state. 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. All registered and registered general nurses or professional nurses must currently be licensed to practice nursing in their state of practice. The license protects the consumer public and guarantees that the nurse has completed a state-approved nursing school, passed her licensing exam, and has also met the requirements of the license within each two-year period without suspension or revocation of her license. Excerpts written by Carolyn Hunter RN, MA, She is a nursing education consultant for the National Center of Continuing Education, Austin, Texas. She has been a nursing expert for 25 years. She was a member of the Washington State Board of Nursing (now Washington State Quality Assurance Commission) for 10 years.
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.