Liability of nurses thirumurugan

LIABILITY OF NURSESLIABILITY OF NURSES

Submitted by Submitted by M.ThirumuruganM.Thirumurugan

M.sc. Nursing Ist yearM.sc. Nursing Ist yearMedicine & SurgeryMedicine & Surgery

INTRODUCTIONINTRODUCTION

COMMON LEGAL ISSUES IN COMMON LEGAL ISSUES IN

NURSINGNURSING 1.1. Personal liability Personal liability

2.2. Employer liabilityEmployer liability

3.3. Supervisor liability Supervisor 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 character Defamation of character

7.7. Privileged communication Privileged communication

8.8. Informed consentInformed consent

9.9. Fraud Fraud

10.10. Assault and batteryAssault and battery

11.11. Medication errors Medication errors

12.12. False imprisonmentFalse imprisonment

PERSONAL LIABILITY PERSONAL LIABILITY

As an educated professional you are As an educated professional you are legally responsible or liable for your legally responsible or liable for your actions.actions.

Thus if physician or supervisor ask you to Thus if physician or supervisor ask you to do something that is contrary to your best do something that is contrary to your best professional judgment and says “I will professional judgment and says “I will take responsibility” take responsibility”

EMPLOYER LIABILITYEMPLOYER LIABILITY

The most common situation in which a The most common situation in which a person is held responsible for the action of person is held responsible for the action of another in the employer – employee another in the employer – employee relationship. In many instance, an relationship. In many instance, an employer can be held responsible for torts employer can be held responsible for torts committed by an employee. committed by an employee.

SUPERVISOR LIABILITY SUPERVISOR 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 involves supervisor (or) any other role that involves delegation, supervision or direction of delegation, supervision or direction of other people, the nurse is potentially liable other people, the nurse is potentially liable for the actions of others. for the actions of others.

DUTY TO REPORT OR SEEK MEDICAL DUTY TO REPORT OR SEEK MEDICAL CARE FOR A PATIENTCARE FOR A PATIENT

The nurse who is caring for a patient has The nurse who is caring for a patient has legal duty to ensure that the patient legal duty to ensure that the patient receives safe and competent care. This receives safe and competent care. This duty requires that the nurse maintain an duty requires that the nurse maintain an appropriate standard of care. appropriate standard of care.

CONFIDENTIALITY AND RIGHT CONFIDENTIALITY AND RIGHT TO PRIVACYTO PRIVACY

Confidentiality and the right to privacy with Confidentiality and the right to privacy with respect to ones personal life are basic respect to ones personal life are basic concern in our society. All information concern in our society. All information regarding a patient belong to that patient. regarding a patient belong to that patient.

DEFAMATION OF CHARACTER DEFAMATION OF CHARACTER

Anytime that shared information is Anytime that shared information is detrimental to a persons reputation, the detrimental to a persons reputation, the person sharing the information may be person sharing the information may be liable for defamation of character. liable for defamation of character.

PRIVILEGED COMMUNICATIONPRIVILEGED COMMUNICATION

It is an information shared by an individual It is an information shared by an individual with certain professional that does not with 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 and It can be occur between client and attorney, between nurse and patient, attorney, between nurse and patient, nurse and doctor, nurse and other nurse and doctor, nurse and other members. members.

INFORMED CONSENTINFORMED CONSENT

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

FRAUDFRAUD

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

ASSAULT AND BATTERYASSAULT AND BATTERY

Assault is saying or doing something to Assault is saying or doing something to make a person genuinely afraid that he or make a person genuinely afraid that he or she will be touched without consent. she will be touched without consent.

Battery involves a person when that Battery involves a person when that individual has not consented to that action. individual has not consented to that action.

FALSE IMPRISONMENT FALSE IMPRISONMENT

Making a persons stay in a place against Making a persons stay in a place against his wishes is false imprisonment. his wishes is false imprisonment.

The person may be forced to stay either The person may be forced to stay either by physical or verbal means.by physical or verbal means.

Eg: Improper use of restraints may Eg: Improper use of restraints may constitute false imprisonment “If you don’t constitute false imprisonment “If you don’t stay in bed. I’ll sedate you”stay in bed. I’ll sedate you”

MEDICATION ERRORSMEDICATION ERRORS

It is one of the most common cause of adverse It 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 being Inappropriate 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.

LEGAL ISSUES IN SPECIALTY PRACTICE AREAS LEGAL ISSUES IN SPECIALTY PRACTICE AREAS &&

COMMON CAUSES OF LAW SUITS AGAINST NURSES WHICH COMMON CAUSES OF LAW SUITS AGAINST NURSES WHICH INCLUDE FOLLOWINGINCLUDE FOLLOWING

Maternal & Infant nursing Maternal & Infant nursing Problem of medication Problem of medication Failure to adequately assess the client Failure to adequately assess the client Failure to report changes in the client Failure to report changes in the client Abortion Abortion Nursing care of new born Nursing care of new born Paediatric nursing Paediatric nursing Medical surgical nursing Medical surgical nursing Over looked sponges, instrument, needles Over looked sponges, instrument, needles Burns Burns Falls Falls Injury Injury Loss or damage Loss or damage Assault and battery Assault and battery Maintenance of records and report Maintenance of records and report Psychiatric nursing Psychiatric nursing Operation theatreOperation theatreSelf discharge Self discharge

Legal responsibility of nurseLegal responsibility of nurse

Responsibility of appointing and assigningResponsibility of appointing and assigning

Responsibility in quality control Responsibility in quality control

Responsibility for equipment Responsibility for equipment

Responsibility for observation and Responsibility for observation and reporting reporting

Responsibility to protect public Responsibility to protect public

Responsibility for record keeping and Responsibility for record keeping and reporting. reporting.

RESPONSIBILITY FOR DEATH AND RESPONSIBILITY FOR DEATH AND DYINGDYING

List of do’s and don’ts as guidelines for safe List of do’s and don’ts as guidelines for safe practice. practice.

Do’sDo’sDocumentation of all unusual incidence.Documentation of all unusual incidence.Report all unusual incidence.Report all unusual incidence.Follow policies and procedures as established Follow 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.

Don’ts Don’ts Remove side rails from patient bed.Remove side rails from patient bed.Allow the patient to leave the hospital unless Allow 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 in Work as a licensed practical/ vocational nurse in a state in which you are not licensed. a state in which you are not licensed.

CONCLUSIONCONCLUSION