Misconduct is an act of omission or commission that does not meet established standards of due diligence and causes injury. Nurses must therefore provide all aspects of care in accordance with established standards of care in a safe and competent manner, as well as in a complete, appropriate and timely manner. Rule 4: The nurse has the authority, accountability and responsibility for the practice of nursing; makes decisions; and takes action consistent with the commitment to health promotion and optimal care. Rule 5: The nurse has the same duties as others, including the responsibility to promote health and safety, maintain integrity and morals, maintain competence and pursue personal and professional development. Some of the legal terms you need to know are: Law – Ethics – Legal Liability – Liability – Liability – Liability – Due Diligence – Education As with other educational needs, nurses assess educational deficits of clients and staff, as well as educational needs regarding legal issues that affect their care or care. As a result of this evaluation, educational activities aimed at addressing the identified educational needs are planned, implemented and evaluated according to their effectiveness in meeting the identified educational needs. In addition to negligence and malpractice, patient confidentiality is an important legal consideration for nurses and nursing students. Patient confidentiality is an individual`s right to keep personal and identifiable health information known as protected health information (PHI) confidential. This right is protected by federal regulations called the Health Insurance Portability and Accountability Act (HIPAA). HIPAA was enacted in 1996 and was driven by the need to ensure the confidentiality and protection of personal health records and data in an environment of electronic health records and liability payers. There are two main sections of HIPAA, the Privacy Policy and the Security Rule.
The Privacy Rule deals with the use and disclosure of individuals` health information. The security rule establishes national standards to protect the confidentiality, integrity and availability of electronically protected health information. HIPAA regulations go beyond medical records and apply to patient information shared with others. Therefore, all types of patient information should only be shared with members of the healthcare team who are actively caring for them. 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. In addition to legal considerations, there are also ethical guidelines for care. Nursing students, nurses and other members of the health care team should exercise extreme caution when posting on Facebook, Instagram, Twitter, Snapchat and other social media sites. Information about patients, patient care and/or health authorities should never be posted on social media. Members of the health care team who violate this policy may lose their jobs and face legal action, and students may be sanctioned or excluded from their program of care. Keep in mind that even if you plan to post in a private group, the information can become public. The American Nursing Association (ANA) guides nursing practice with the Code of Ethics for Nurses.
[12] This Code provides a framework for ethical management and guidance for decision-making. The objectives of the Code of Ethics for Nurses are to: Some of the most common legal issues affecting nursing and nursing practice are those relating to informed consent and refusal of treatment, as described above, admission, protection of clients` personal belongings and valuables, malpractice, Negligence, Mandatory reporting of gunshot wounds, dog bites, abuse, and unsafe practices, such as informed consent, documentation, acceptance of an order, training employees and customers on legal matters, and strict compliance with and compliance with all national, state, and local laws and regulations. Nurses are required by law to report abuse, neglect, gunshot wounds, dog bites, certain communicable diseases, and any unsafe and/or illegal practices of another health care provider. How does HIPAA affect you as a student nurse? You must comply with HIPAA guidelines from the moment you start providing patient care. Student nurses can be sanctioned or banned from their nursing program if they violate HIPAA. Nurses who violate HIPAA rules may be terminated from their jobs or subject to legal action. The following field lists common types of HIPAA violations and ways to prevent them. To avoid being sued for negligence or malpractice, it is important that nurses and nursing students follow the scope and standards of practice care set out in their state`s nursing practice law. the American Nurses Association; and employer policies, procedures and protocols to avoid the risk of losing their care licence. Examples of nurses` breaches of duty that may be considered negligence:[4] Chris Cox addresses issues of risk management and accountability for nurses, particularly those in broad roles. As mentioned earlier, nurses are required by law to report all unsafe and inappropriate practices by health workers and health care personnel.
Once identified, the nurse should attempt to stop unsafe and/or inappropriate practices and report it immediately. All documents and 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. The items are listed on the envelope. What looks like gold, sterling silver or ruby may actually be just an aspect of inexpensive gold, silver or ruby and the nurse may not know whether or not it is real gold, silver or ruby. For this reason, these items are listed as “yellow metal”, “silver metal” or “red stone”. In addition to jewelry, other valuables that need to be secured include cash, credit cards, and legal documents. Rule 7: The nurse promotes the profession in all roles and situations through research and scientific research, the development of professional standards, and the development of nursing and health policies. Changing boundaries in health care roles have raised concerns among some nurses about their legal responsibilities.
This is partly due to a lack of education about the underlying legal basis for health care. This section explains the law regarding standards of care, due diligence, vicarious liability and liability insurance. In addition to these principles, the ANA has also provided this advice to nurses and nursing students who use social media:[10] As discussed earlier in this chapter, nurses can be reprimanded or their license revoked if they do not properly comply with the Nursing Practice Act in the state where they practice. Nurses can also be held liable for negligence, malpractice or breach of patient confidentiality. Nurses are required by law to accept only those duties that are appropriate to their right to practice and field of practice, and only those that they consider competent.