Legal Implications In Nursing PracticePresentation Transcript
Legal Implications in Nursing Practice MOHAMMED ALHABSI INDANAN Clinical Instructor King Abdul Aziz Specialist Hospital- Taif Kingdom of Saudi Arabia
Legal Implications in Nursing
Sources of law
Civil & Common law in Nursing practice
“ The sum total of rules & regulations by which a society is governed.
As such, law is created by people & exists to regulate all persons”
Functions of the Law in Nursing
It provides a framework for establishing which nursing actions in the care of clients are legal.
It differentiates the nurse’s responsibilities from those of other health professionals.
It helps establish the boundaries of independent nursing action.
It assist in maintaining a standard of nursing practice by making nurses accountable under the law.
Sources of Law
Legislation law (Statutory law)
The supreme law of a country.
Creates legal rights & responsibilities and a foundation of a system of justice.
Legislation law (Statutory law)
Enacted by any legislative body
The regulation of nursing is a function of state law
It creates rules & regulations to enforce the statutory laws.
Laws evolving from court decisions.
Interpreting & applying the constitutional or statutory law.
TYPES OF LAW PUBLIC LAW PRIVATE LAW CRIMINAL LAW CONTRACT LAW TORT LAW
Criminal Law Felony Misdemeanor
Categories of Civil Law Intentional Tort Assault Battery False Imprisonment Quasi-Intentional Tort Invasion of Privacy Defamation of Character Slander & Libel Unintentional Tort Negligence Malpractice
In order to prove that negligence or malpractice has occurred, circumstances must be present & must be proven in a court of law these are:
Harm must have occurred to the individual
One person must be in a situation where he had duty towards the person harmed
The person must be found to have failed to fulfill his/her duties
The harm must be shown to have been caused by the breach of duty.
Liability Personal Liability Employer Liability Supervisory Liability
Is a legal permit that a government agency grants to individuals to engage in the practice of a profession & to use a particular title.
Nursing Licensure is mandatory
For a profession or occupation to obtain the right to license its members, it generally must meet
There is a need to protect the public’s safety or welfare
The occupation is clearly delineated as a separate, distinct area of work.
There is a proper authority to assume the obligations of the licensing process e.g. board of nursing
Grounds for Revocation of license
Incompetent nursing practice
Conviction to a crime
Patient Safety in Health Care
“ The degree to which the risk of an intervention & risk in the care environment are reduced for a patient & other persons, including health care practitioners”
Purposes of Risk Management
The department focuses on identification & prevention of risk exposures within the organisation that could:
Cause injury to patient, visitors, & employees
Jeopardize the safety & security of the environment
Result in costly claims & lawsuits with subsequent financial loss to the organisation
2 main Areas of Risk Management
Clinical Risk Management
e.g. medical error, sentinel event
Environmental Risk Management
e.g. safety, security & preventive maintenance
Patient Safety Goals:
Improve the process of Patient Identification
Eliminate wrong-site, Wrong Patient & Wrong Procedure Surgery
Improve the effectiveness of Communication among Caregiver
Improve the Safety of High Alert Medications
5. Improves Safety in Infusions Pumps
6. Improve the effectiveness of Clinical Alarm systems
7. Reduce the risk of healthcare-acquired infections
8. Accurately & completely reconcile medications across the continuum of care
9. Reduce the risk of patient harm resulting from falls
are protective devices used to limit the physical activity of the client or part of the body.
Purpose: is to prevent the client from injuring self or others.
2 Classification of Restraints PHYSICAL CHEMICAL
Any order for Restraint & the Implementation of the Restraint order must be:
In accordance with a written modification to the patient plan of care.
Implemented in the least restrictive manner possible.
In accordance with safe appropriate restraining techniques.
Ended at the earliest possible time.
Practice Guidelines for Restraint Application
Obtain a consent
Ensure the order is provided
Assess the restraint every 30 minutes
Release restraint at least 8 hours
Never leave patient unattended if restraint is removed
Provide emotional support
5 Criteria before Selecting Restraint
It restricts the client’s movement as little as possible
It doesn’t interfere with the client’s treatment or health problems
It is readily changeable
It is safe for the particular client
It the least obvious to others
Kinds of Restraints
Mitt or hand restraint
Any event which happens or may happen which is not consistent with normal standard, usually in clinical practice or routine patient care, or threatens the health or life of a patient, a visitor, an employee or a student, or which involves loss or damage to personal or Hospital property.
Occurrence Variance Report
Utilized as a quality tool for Continuous Quality Improvement ONLY
Not be placed in the pt’s record
Should be reported as soon as possible or within 24 hours
Handled & maintained in a confidential manner
Criteria of OVR
Should be completed for any UNUSUAL, UNEXPECTED or UNANTICIPATED Occurrences and for any event which has or may have an adverse patient outcome..