Chapter 12
Legal Accountabilities in the
Health Care Environment
Patient Safety Issues
• Mandatory overtime• Reduction of nursing leadership • Long hours• The right to refuse an assignment
Discrimination• Federal statutes covering discrimination based on– Employment – Race– Color– Religion– Gender
Discrimination• Federal statutes covering discrimination based on – Sexual harassment– Pregnancy– Age discrimination– Disability
Specific Discriminations• Sexual harassment• Age• Gender• Abilities (ADA)
– Dependency
Legal Instruments
• Power of Attorney (POA) • Durable Power of Attorney • Advance Directive
HIPAA• Enacted by Congress
– Reduces administrative costs by standardizing electronic health care transactions
– Encourages electronic transmission for these transactions
Negligence• Conduct that falls below the standard established by law
• Conduct that places others at risk of harm
Malpractice Case?
• To establish a malpractice case, a patient must prove four elements:– Nurse owed individual duty of care – Care was breached – Breach resulted in injury – Injury caused actual damage
Informed Consent
• Encompasses an individual’s granting consent– Expressed or implied– Right to refuse treatment
• Competent versus incompetent
The Nurse Practice Act• Purpose
– Protects public from unsafe practitioners
– Ensures quality nursing practice rendered by qualified practitioners
• Defined by each state
Good Samaritan Statutes • Act must be volunteer in nature
– Person receiving help must not object – Rescuer must be acting in good faith– Services must be free – Within the limits of a license