Article 9: The nursing profession shall collectively, through its professional associations, articulate values of care, maintain the integrity of the profession and integrate principles of social justice into health and care policies. The items are listed on the envelope. What looks like gold, sterling silver or ruby may actually be just a cheap gold, silver or ruby aspect, 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. As with other educational needs, nurses provide educational activities to clients, relatives and other staff on legal issues that may affect the care they provide. Medical power of attorney or medical power of attorney: A medical power of attorney is a legal document that designates a person – called a health representative or health worker – to make decisions in case a patient is unable to do so. However, it is different from a power of attorney that authorizes someone to make financial transactions for the patient. Because a living will cannot cover every possible situation, a patient may also want a medical power of attorney to appoint someone as a health worker. This designated person is guided by the living will, but has the power to interpret the patient`s wishes in situations not described in the living will.
A medical power of attorney may be indicated if the family is divided or in conflict with the patient`s health wishes. It is an essential part of the court process that allows representative counsel to uncover the truth, clarify the facts, determine the strengths and weaknesses of the case, plan a litigation strategy, and facilitate and negotiate an agreement for both parties before the trial begins. Because of nurses` intimate professional responsibilities, there are legal regulations that they must take into account. Nurses should keep abreast of applicable medical care laws, given the scope and severity of potential legal issues that may arise. An RN program at BSN often includes courses dedicated to these specific legal challenges, providing nurses with opportunities to report concerns appropriately and helping them protect their licenses and livelihoods. Some of the most common legal issues affecting nursing care and practice are those related to informed consent and refusal of treatment described above, licensing, protection of clients` personal belongings and valuables, malpractice, negligence, mandatory reporting of gunshot wounds, dog bites, abuse and unsafe practices. Like what. Informed consent, documentation, acceptance of an order, training of employees and customers on legal matters, and strict compliance with and compliance with all national, state and local laws and regulations. Tanga HY, Drug Diversion Nurse and Nursing Manager: Legal, Regulatory, Ethical, Humanistic and Practical Considerations. JONAS Healthc Law Ethics Regul, January-March 2011, 13(1) p13-6 The defendant or his lawyer has a certain period of time to appear in person before the court. The defendant is required to file a document called a „response.” The response relates to the facts and legal claims contained in the complaint. The response tells the court which facts of the complaint the defendant agrees with and/or disagrees.
As a nurse, your human responsibility includes the ability to perform the health treatments prescribed by your patients safely and responsibly as prescribed. (If weekends, holidays, or preferred shifts tend to cause problems or staff shortages at your medical facility, it may be necessary to take steps to move up the chain of command at your health care facility to ensure safe and appropriate medical care for patients in your care.) They should also report if they discover that another health care provider is engaging in unsafe or illegal practices. As previously mentioned, nurses are required by law to report all unsafe and inappropriate practices by health care workers and personnel. Once identified, the nurse should attempt to stop unsafe and/or inappropriate practices and report it immediately. Interrogations are questions that are used to obtain certain information from a legal party of an opposing party. As a rule, questions refer to general information. Queries work best for getting simple factual information. (Example: Medical records indicate that ECG strips were used during Mr. Smith`s treatment on June 6, 2011. Please indicate if the ECG device worked properly.) Each hearing should be limited to a „one question/one fact” format, in accordance with the Federal Rules of Civil Procedure. This means that each interrogation can only ask for one fact. The use of compound questions is generally not allowed.
Long-term care facilities, nursing homes and specialized care facilities have been hit hard by the COVID-19 pandemic and, as a result, new federal policies and requirements are aimed at ensuring quality of care for these facilities. Since March 2020, almost all care facilities have undergone targeted inspection by CMS. These will continue throughout 2021 and providers need to understand the evolution of CMS guidance. As mentioned above for telemedicine providers, LTC and care facilities should consult the CMS COVID-19 General Emergency Declaration Waivers for Health Care Providers. A number of general exemptions that excluded certain requirements for nursing homes have expired and these requirements are now in effect. This course has been written to provide a better understanding of the legal basis for the rights and obligations of patients and providers, as well as the mechanisms available for enforcement by health professionals, public health professionals and managers, ministries of health and judicial personnel, patient advocacy groups and patients themselves. Muller LS, Dimola M. „Legal and Regulatory Issues.” Prof Case Manag, Sep 2012, 17(5) p241-4 The Good Samaritan Law legally refers to a person voluntarily providing assistance to an injured person in an emergency situation. Normally, when a volunteer assists a stranger, the person providing the assistance owes the stranger the responsibility to be reasonably careful.
A person is not required by law to provide first aid in most states unless it is part of a job description. However, some states will consider it an act of negligence if a person does not at least call for help. In general, if an unconscious victim cannot respond, a good Samaritan can help them on the basis of implied consent. However, if the victim is conscious and able to react, a person should always ask permission to help them first. Theories of liability in cases of medical malpractice and personal injury include the following legal theories: Rule 4: The nurse has the authority, responsibility and responsibility for the practice of nursing; makes decisions; and takes action consistent with the commitment to health promotion and optimal care. Other significant changes include CDC requirements for LTC and care facilities to report COVID-19 data weekly: All licensed and licensed general or professional nurses must currently be licensed to practice nursing in their state of practice. The license protects the consumer public and ensures that the nurse has graduated from a state-licensed nursing school, passed her licensing exam, and has also continuously met the relication requirements for each two-year period without suspension or revocation of her license. For many Americans, access to care has always been problematic, but a recent CDC study found that four in 10 adults in the U.S. are avoiding access to care due to issues related to the COVID-19 pandemic.
In addition, 12% of adults neglected emergency care during the pandemic and 32% did not receive routine care. The study found that some populations were more negatively affected than others, such as black and Latino patients, patients with chronic conditions, and unpaid family caregivers. Computer forensics experts ensure that no digital evidence is overlooked and assist at every stage of a forensic investigation or litigation, regardless of the number or location of computer sources. Forensic experts assist lawyers in their most complex and sensitive investigations or disputes related to electronic evidence. The four legal elements of medical error or bodily injury must be proven in order to successfully win a case. If only one element is not present, the action shall be dismissed. ANA American Nurses Association „Professional Standards” www.nursingworld.org, Brooke PS, Legal questions Nursing, October 2012, 42(10) p10-1 Julie M. Mroczek, BSN, RN-BC, CLNC, is a Certified Legal Nurse Consultant in North Platte, NE, and has spent the last 5 years researching and developing injury and malpractice cases for lawyers. She has worked as an inpatient nurse, clinical research coordinator for pharmaceutical companies, and was a licensed case manager for Great Plains Home Health and Asera Care Hospice in downtown Nebraska. Each state will have a legal law governing the practice of nursing. This is called the Nursing Practice Act. Each state adopts rules known as administrative law to establish standards of care.
The standard of care is listed for each practice area and usually follows with examples of violations and penalties for each standard. The state will appoint a committee of nurses and members of the public to help draft these rules (laws) and form a disciplinary body. Leave applications are similar to hearings, but may serve a different purpose. Applications for authorization identify issues that are clarified and those that are not further addressed or challenged.