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Medical-Legal & Ethical Issues in Nursing

Alexa Schneider, PhD, PsyD, RN, FNP, LNCC, NY-SAFE

Objectives

Describe how current and future healthcare trends will impact legal and ethical issues in nursing.

Describe “best practices” that protect your license, influence quality of care and reduce risk.

Examine medical malpractice cases and the impact on the nurse and the various roles in the nursing profession.

Current and future healthcare trends

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Best Practicesthat protect your license, influence quality of care and reduce risk.

Medications

DNR

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Patient confidentiality

Patient Falls & Restraints

Incident reports

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Proper handoff communication

Abandonment

Sexual Misconduct

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Controlled Substances

Social Media

Telephone calls

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Pitfalls for NP’s

Red Flag Complaints

Documentation

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Documentation

Common Charting mistakes

Effective Documentation

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Red Flags

Documentation

Cases usually come to court a long time after the events occurred

Nurses usually have little or no recollection of the events surrounding the case and must rely on their documentation for what occurred.

Do you feel like your documentation would support you in a court of law?

2015 Statistics

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MEDICAL MALPRACTICE

Legal Role of the Nurse

Legal Negligence in Nursing

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Ways to Avoid Malpractice

ELEMENTS OF NEGLIGENCE

Deviation from the standard of care that results in harm to the patient

4 elements of negligence

Duty to act (Nurse – Patient relationship)

Breach of duty (SOC not followed - reasonably prudent nurse)

Damage (Physical & Psychological) No damage no case!

Causal connection (reasonably close connection between nurses conduct & injury)

All 4 must be proven

State Board of Nursing

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Nursing Charges

THREE CATEGORIES OF IMPAIRMENT

PROFESSIONAL Deficit in Medical Knowledge, Expertise or Judgment

BEHAVIORAL Includes unprofessional, unethical, or criminal conduct

MEDICAL Conditions which permanently impede or preclude a provider

from safely practicing medicine

Professional Misconduct

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Maintaining License & a Valid Registration Certificate

Code of Ethics

Grounds for Suspension & Revocation of License

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Be Competent in Your Practice

Impaired

Cases

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Professional Liability Coverage

Does having my own liability insurance policy make me a more likely target for a lawsuit?

Why need an individual professional liability policy?

Won’t employers insurance coverage protect me?

Conclusion

Embrace and participate in current and future nursing trends.

Maintain “best practices” that protect your license, influence quality of care and reduce risk.

Make the most of every day & have a grateful heart.