In this section of the NCLEX-RN examination, you will be expected to demonstrate your knowledge and skills of legal rights and responsibilities in order to: Show
Some of the legal terms that you must be familiar with include these:
Identifying Legal Issues Affecting Staff and ClientsSome of the most commonly occurring legal issues that impact on nursing and nursing practice are those relating to informed consent and refusing treatment as previously detailed, licensure, the safeguarding of clients' personal possessions and valuables, malpractice, negligence, mandatory reporting relating to gunshot wounds, dog bites, abuse and unsafe practices, for example, informed consent, documentation, accepting an assignment, staff and client education relating to legal issues, and strict compliance with and adherence to all national, state, and local laws and regulations. LicensureAll registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocations of their license. Practicing without a current and valid license is illegal and it amounts to practicing without a license. The Safeguarding of Clients' Personal Possessions and ValuablesNurses are responsible for the safeguarding and respecting the clients' personal possessions and valuables; they must also NOT, under any circumstances, borrow or steal their personal possessions and valuables. Although policies and procedures relating to the safeguarding of clients' personal possessions and valuables may vary a little from one healthcare facility to another, these policies and procedures typically include discouraging clients to retain personal possessions and valuables while hospitalized, and then securing maintained and retained personal possessions and valuables in a locked and secure safe using an envelope that fully documents the client's name, room number and the contents of the envelope, including things like jewelry, cash and credit cards, that were collected from the client with their permission. Items that are placed in this envelope are itemized and listed using a description such as a "ring with a purple stone", a "yellow metal bracelet" or a "white metal necklace" rather than an amethyst ring, 14 carat gold bracelet or a sterling silver necklace because the nurse cannot determine and confirm that indeed these items are anything more than inexpensive costume jewelry. Items are listed on the envelope. What appears to be gold, sterling silver or a ruby may indeed be only an inexpensive gold, silver or ruby look alike and the nurse may have no idea whether it is real gold, silver or a ruby or not. For this reason these items are listed as "yellow metal", "silver metal" and a "red stone", respectively. In addition to jewelry, other valuable items that must be secured include cash, credit cards and legal documents. When the client is discharged from the facility or they choose to have their personal possessions and valuables returned to them, the nurse and the client check and confirm that all of the items listed on the envelope are indeed still in this envelope. The client also signs a statement that documents that they have been given back their personal possessions and valuables. MalpracticeMalpractice is an act of omission or commission that does not meet established standards of care and causes some injury. Nurses, therefore, must provide all aspects of nursing care according to established standards of care, in a safe and competent manner, and also done in a complete, appropriate and timely manner. The six essential components of malpractice include causation, foreseeability, damages to the patient, a duty that was owed to the client and this duty was breached, and, lastly, this breach of duty led to direct and/or indirect harm to the client. Actions of omission and commission that lead to client injury place the nurse in jeopardy for malpractice. NegligenceNegligence is also an act of omission or commission that does not meet established standards of care. It differs from malpractice because it lacks one or more of the six elements of malpractice that are essential to be considered malpractice. Mandatory ReportingNurses are legally mandated to report abuse, neglect, gunshot wounds, dog bites, some communicable diseases and any unsafe and/or illegal practices done by another health care provider. Informed Consent and Refusals of Treatment which was fully detailed previously. DocumentationAll documentation and all forms of documentation are considered legal documents. Some of the legal aspects of documentation, in addition to the legal mandates associated with confidentiality, include the strict legal prohibitions against altering a record, obliterating entries in the medical record, and falsifying documentation. Other guidelines for documentation include the use of permanent ink, the use of only accepted terms and abbreviations, legible writing, accurate spelling, proper grammar, accurate dating and time of the entry, the signature and title of the person who documented the entry, and a professional tone. If an error in documentation occurs, a thin line that does NOT obliterate the entry is drawn through the erroneous entry, the notation "Error" is written above the entry and the nurse signs this notation with their name and title. The Acceptance of an AssignmentNurse are legally accountable to accept only those assignments that are appropriate in terms of their nurse practice act and their scope of practice, and only those that the nurse believes that they are competent to perform. RELATED:
The Provision of Staff and Client Education Relating to Legal IssuesAs with other educational needs, nurses assess client and staff member educational deficits and educational needs relating to the legal issues that impact on their care and the care that nurses provide, respectively. After this assessment, educational activities to meet identified educational needs are planned, implemented and evaluated in terms of their effectiveness in meeting the educational need that was identified. Compliance With and Adherence to Other LawsNurses are also expected to comply and adhere to other national, state, and local laws and regulations. For example, the compliance with the Centers for Medicare and Medicaid Services must be adhered to, state laws relating to professional licensure and mandatory reporting must be complied with, and local laws relating to the disposal of biohazardous waste must also be followed without fail. Recognizing the Limitations of Self/Others and Seeking Assistance When NeededNurse are legally accountable to accept only those assignments that are appropriate in terms of their nurse practice act and their scope of practice, and only those that the nurse believes that they are competent to perform. Reviewing the Facility Policy, Federal Mandates and State Mandates Prior to Agreeing to Serve as an Interpreter for Staff or Primary Health Care ProvidersIn addition to following the policies and procedures of the particular employing healthcare organization, nurses must also follow and comply with any federal and state laws relating to interpreters and serving as an interpreter. Some of these laws include:
Since the year 1999, all healthcare organizations and agencies that get federal funding must provide interpreter services to those that need it. Educating Clients and Staff on Legal IssuesAs with other educational needs, nurses provide educational activities to clients, significant others, and other staff members about legal issues that can impact on the care that they provide. Reporting Client Conditions as Required by LawSome of the conditions that nurses are mandated by law to report some communicable diseases, gunshot wounds, and child and/or elder abuse or neglect. Reporting Any Unsafe Practice by Health Care Personnel and Intervene as AppropriateAs previously mentioned, nurses are legally mandated to report any and all unsafe and inappropriate practices of healthcare staff and personnel. Once identified, the nurse must attempt to cease the unsafe and/or inappropriate practices and immediately report it. Some examples of these practices and behaviors include improper client care, narcotic diversion, unsafe staffing practices and substance abuse by a member of the healthcare team. Providing Care That is Within the Legal Scope of PracticeLegally, nurses can only accept assignments and provide patient care that is appropriate in terms of their nurse practice act and their scope of practice, and only those that the nurse believes that they are competent to perform. These legal issues were extensively described and detailed previously. RELATED NCLEX-RN MANAGEMENT OF CARE CONTENT:
SEE – Management of Care Practice Test Questions
Alene Burke, RN, MSN Alene Burke RN, MSN is a nationally recognized nursing educator. She began her work career as an elementary school teacher in New York City and later attended Queensborough Community College for her associate degree in nursing. She worked as a registered nurse in the critical care area of a local community hospital and, at this time, she was committed to become a nursing educator. She got her bachelor’s of science in nursing with Excelsior College, a part of the New York State University and immediately upon graduation she began graduate school at Adelphi University on Long Island, New York. She graduated Summa Cum Laude from Adelphi with a double masters degree in both Nursing Education and Nursing Administration and immediately began the PhD in nursing coursework at the same university. She has authored hundreds of courses for healthcare professionals including nurses, she serves as a nurse consultant for healthcare facilities and private corporations, she is also an approved provider of continuing education for nurses and other disciplines and has also served as a member of the American Nurses Association’s task force on competency and education for the nursing team members.  Latest posts by Alene Burke, RN, MSN (see all) Which of the following is the nurse's legal responsibility when applying restraints select all that apply?Explain: When applying restraints, the nurse must document the type of behavior that prompted her to use them, document the type of restraints used, and obtain a physician's written order for the restraints.
What are the nurses responsibilities while restraints are in use?With any intervention, such as restraint use, nurses need to ensure they actively involve the patient, patient's family, substitute decision makers and the broader health care team. Nurses are also accountable for documenting nursing care provided, including assessment, planning, intervention and evaluation.
When applying restraints which action is most important?Terms in this set (38) When applying restraints, which action is most important for the nurse to take to prevent contractures? Pad skin and any bony prominences that will be covered by the restraint. Correct anatomical positioning where restraint is applied and is restricting movement.
What legal defense is important for nurses to develop?Which of the following legal defenses is the most important for a nurse to develop? The concept of accountability is of high priority in nursing practice. As a licensed professional, the nurse is always accountable, which means liable and answerable for his or her actions.
|
Which legal implication would the nurse understand about applying restraints to a client
zusammenhängende Posts
Urheberrechte © © 2024 IlerngutCOM Inc.
