Nurses face various types of legal liability in their work. This includes personal liability for their own actions, employer liability if an employee commits a tort, and supervisor liability for the actions of others they oversee. Nurses have a duty to ensure patients receive proper care, maintain patient confidentiality, avoid defamation and fraud, and obtain informed consent. Common issues nurses encounter legally include medication errors, assault/battery, false imprisonment, and liability in specialty areas like maternal/infant care. Proper documentation, compliance with policies and procedures, and maintaining licensure can help nurses meet their legal responsibilities.

1. LIABILITY OF NURSESLIABILITY OF NURSES
Submitted bySubmitted by
M.ThirumuruganM.Thirumurugan
M.sc. Nursing Ist yearM.sc. Nursing Ist year
Medicine & SurgeryMedicine & Surgery

2. INTRODUCTIONINTRODUCTION

3. COMMON LEGAL ISSUES IN NURSINGCOMMON LEGAL ISSUES IN NURSING
1.1. Personal liabilityPersonal liability
2.2. Employer liabilityEmployer liability
3.3. Supervisor liabilitySupervisor liability
4.4. Duty to report or seek medical care for patientDuty to report or seek medical care for patient
5.5. Confidentiality and right to privacyConfidentiality and right to privacy
6.6. Defamation of characterDefamation of character
7.7. Privileged communicationPrivileged communication
8.8. Informed consentInformed consent
9.9. FraudFraud
10.10. Assault and batteryAssault and battery
11.11. Medication errorsMedication errors
12.12. False imprisonmentFalse imprisonment

4. PERSONAL LIABILITYPERSONAL LIABILITY
As an educated professional you areAs an educated professional you are
legally responsible or liable for yourlegally responsible or liable for your
actions.actions.
Thus if physician or supervisor ask you toThus if physician or supervisor ask you to
do something that is contrary to your bestdo something that is contrary to your best
professional judgment and says “I willprofessional judgment and says “I will
take responsibility”take responsibility”

5. EMPLOYER LIABILITYEMPLOYER LIABILITY
The most common situation in which aThe most common situation in which a
person is held responsible for the action ofperson is held responsible for the action of
another in the employer – employeeanother in the employer – employee
relationship. In many instance, anrelationship. In many instance, an
employer can be held responsible for tortsemployer can be held responsible for torts
committed by an employee.committed by an employee.

6. SUPERVISOR LIABILITYSUPERVISOR LIABILITY
In the role of charge nurse or head nurse,In the role of charge nurse or head nurse,
supervisor (or) any other role that involvessupervisor (or) any other role that involves
delegation, supervision or direction ofdelegation, supervision or direction of
other people, the nurse is potentially liableother people, the nurse is potentially liable
for the actions of others.for the actions of others.

7. DUTY TO REPORT OR SEEK MEDICAL CAREDUTY TO REPORT OR SEEK MEDICAL CARE
FOR A PATIENTFOR A PATIENT
The nurse who is caring for a patient hasThe nurse who is caring for a patient has
legal duty to ensure that the patientlegal duty to ensure that the patient
receives safe and competent care. Thisreceives safe and competent care. This
duty requires that the nurse maintain anduty requires that the nurse maintain an
appropriate standard of care.appropriate standard of care.

8. CONFIDENTIALITY AND RIGHT TOCONFIDENTIALITY AND RIGHT TO
PRIVACYPRIVACY
Confidentiality and the right to privacy withConfidentiality and the right to privacy with
respect to ones personal life are basicrespect to ones personal life are basic
concern in our society. All informationconcern in our society. All information
regarding a patient belong to that patient.regarding a patient belong to that patient.

9. DEFAMATION OF CHARACTERDEFAMATION OF CHARACTER
Anytime that shared information isAnytime that shared information is
detrimental to a persons reputation, thedetrimental to a persons reputation, the
person sharing the information may beperson sharing the information may be
liable for defamation of character.liable for defamation of character.

10. PRIVILEGED COMMUNICATIONPRIVILEGED COMMUNICATION
It is an information shared by an individualIt is an information shared by an individual
with certain professional that does notwith certain professional that does not
need to be revealed even a court of law.need to be revealed even a court of law.
It can be occur between client andIt can be occur between client and
attorney, between nurse and patient,attorney, between nurse and patient,
nurse and doctor, nurse and othernurse and doctor, nurse and other
members.members.

11. INFORMED CONSENTINFORMED CONSENT
Every persons has the right to eitherEvery persons has the right to either
consent agree or refuse health careconsent agree or refuse health care
treatment. The law required that a persontreatment. The law required that a person
give voluntary and informed consent.give voluntary and informed consent.
– Consent for medical treatmentConsent for medical treatment
– Consent for surgical procedureConsent for surgical procedure
– Consent for nursing measuresConsent for nursing measures
– Consent for emergency careConsent for emergency care

12. FRAUDFRAUD
Fraud is a deliberate deception for theFraud is a deliberate deception for the
purpose of personal gain and is usuallypurpose of personal gain and is usually
prosecuted as a crime.prosecuted as a crime.

13. ASSAULT AND BATTERYASSAULT AND BATTERY
Assault is saying or doing something toAssault is saying or doing something to
make a person genuinely afraid that he ormake a person genuinely afraid that he or
she will be touched without consent.she will be touched without consent.
Battery involves a person when thatBattery involves a person when that
individual has not consented to that action.individual has not consented to that action.

14. FALSE IMPRISONMENTFALSE IMPRISONMENT
Making a persons stay in a place againstMaking a persons stay in a place against
his wishes is false imprisonment.his wishes is false imprisonment.
The person may be forced to stay eitherThe person may be forced to stay either
by physical or verbal means.by physical or verbal means.
Eg: Improper use of restraints mayEg: Improper use of restraints may
constitute false imprisonment “If you don’tconstitute false imprisonment “If you don’t
stay in bed. I’ll sedate you”stay in bed. I’ll sedate you”

15. MEDICATION ERRORSMEDICATION ERRORS
It is one of the most common cause of adverseIt is one of the most common cause of adverse
outcome for hospitalized patient.outcome for hospitalized patient.
Error may occur due to:Error may occur due to:
Inappropriate medication for the condition beingInappropriate medication for the condition being
treated,treated,
Incorrect dosage or frequency,Incorrect dosage or frequency,
Wrong route of administration,Wrong route of administration,
Failure to recognize drug interaction,Failure to recognize drug interaction,
Lack of monitoring drug side effects.Lack of monitoring drug side effects.

16. LEGAL ISSUES IN SPECIALTY PRACTICE AREASLEGAL ISSUES IN SPECIALTY PRACTICE AREAS
&&
COMMON CAUSES OF LAW SUITS AGAINST NURSES WHICH INCLUDECOMMON CAUSES OF LAW SUITS AGAINST NURSES WHICH INCLUDE
FOLLOWINGFOLLOWING
Maternal & Infant nursingMaternal & Infant nursing
Problem of medicationProblem of medication
Failure to adequately assess the clientFailure to adequately assess the client
Failure to report changes in the clientFailure to report changes in the client
AbortionAbortion
Nursing care of new bornNursing care of new born
Paediatric nursingPaediatric nursing
Medical surgical nursingMedical surgical nursing
Over looked sponges, instrument, needlesOver looked sponges, instrument, needles
BurnsBurns
FallsFalls
InjuryInjury
Loss or damageLoss or damage
Assault and batteryAssault and battery
Maintenance of records and reportMaintenance of records and report
Psychiatric nursingPsychiatric nursing
Operation theatreOperation theatre
Self dischargeSelf discharge

17. LEGAL RESPONSIBILITY OF NURSELEGAL RESPONSIBILITY OF NURSE
Responsibility of appointing and assigningResponsibility of appointing and assigning
Responsibility in quality controlResponsibility in quality control
Responsibility for equipmentResponsibility for equipment
Responsibility for observation andResponsibility for observation and
reportingreporting
Responsibility to protect publicResponsibility to protect public
Responsibility for record keeping andResponsibility for record keeping and
reporting.reporting.

18. RESPONSIBILITY FOR DEATH ANDRESPONSIBILITY FOR DEATH AND
DYINGDYING
List of do’s and don’ts as guidelines for safeList of do’s and don’ts as guidelines for safe
practice.practice.
Do’sDo’s
Documentation of all unusual incidence.Documentation of all unusual incidence.
Report all unusual incidence.Report all unusual incidence.
Follow policies and procedures as establishedFollow policies and procedures as established
by your employing agency.by your employing agency.
Keep your registration updated.Keep your registration updated.
Remain alert and focused.Remain alert and focused.
Practice safely with physicians verbal orders.Practice safely with physicians verbal orders.

19. Don’tsDon’ts
Remove side rails from patient bed.Remove side rails from patient bed.
Allow the patient to leave the hospital unlessAllow the patient to leave the hospital unless
there is an order of signed release.there is an order of signed release.
Accept money or gift from patient.Accept money or gift from patient.
Give advice that is contrary to physician order.Give advice that is contrary to physician order.
Take medications that belong to patient.Take medications that belong to patient.
Work as a licensed practical/ vocational nurse inWork as a licensed practical/ vocational nurse in
a state in which you are not licensed.a state in which you are not licensed.

20. CONCLUSIONCONCLUSION