Legal Implications In Nursing Practice
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Legal Implications In Nursing Practice

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Legal Implications In Nursing Practice Legal Implications In Nursing Practice Presentation 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
    • Licensure
    • Risk Management
  • Law
    • “ The sum total of rules & regulations by which a society is governed.
    • As such, law is created by people & exists to regulate all persons”
    • GUIDO, 2001
  • 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
    • Constitutional law
    • Legislation law (Statutory law)
    • Administrative law
    • Common law
  • Constitutional 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
  • Administrative law
    • It creates rules & regulations to enforce the statutory laws.
  • Common Law
    • 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
  • Licensure
  • Licensure
    • 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
    • 3 criteria:
    • 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
    • Professional misconduct
    • Conviction to a crime
  • Risk Management
  • 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”
    • JCAHO 2003
  • 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
  • Restraint Policy
    • Restraints
    • 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.
    • documented.
    • 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
    • Jacket restraint
    • Belt restraint
    • Mitt or hand restraint
    • Mummy restraint
    • Elbow restraint
    • Crib nets
    • OVR
  • Occurrence Variance
    • 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
    • NON-Punitive
    • 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..
      • Patient falls
      • Medication Error
      • Loss of Valuables, belongings
      • Equipment malfunction
      • Property damage
    • Magsukul…….