Legal Issues in Nursing
Nurses face legal issues daily. Those issues may be in connection to negligence, administering medication and advocating for the patient. The Nurse Practice Act lists all of the duties and role of a nurse, except the legal and ethica onesl. If these duties and regulations are not followed, the nurse is at risk of losing his license and facing a malpractice suit.
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Nurse Practice Act
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Each state has what is called a Nurse Practice Act. The guidelines and laws outlined in the act pertain to all nurses who are licensed in that particular state. Nurse limitation is one of those laws. Each nurse has a limitation on what he is allowed and trained to do. He must follow the chain of command, especially with the care of a patient. If he does not have the authority or knowledge to give a prescription, analyze a lab report, or advise the patient on treatment, he may not legally do so. Any wrong information or practice he commits is punishable by the law and the patient or family may file a suit against him and the health agency or hospital he works for.
Patient's Advocate
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A nurse has a legal obligation to act as the patient's advocate in case of emergency. The nurse is to act as the liaison between the patient and the health care provider, such as a physician. The nurse will monitor the patient, ensuring that if any complications or abnormalities arise, a physician notified immediately. The nurse is legally obligated to keep the personal data and information of the patient private; not doing so is a violation of the code of ethics for nurses.
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Administering Medication
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Nurses are responsible for administering the correct doses and medications to patients. If the nurse gives a fatal dosage amount, she may face legal malpractice suits. It is also the responsibility to research the patient's records, or ask the patient and family members if there are any allergies or complications that may pose a risk if a certain medication is administered.
Informed Consent
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When a nurse is administering treatment, she must explain what the effects and outcomes could be, and any other important information. It is the responsibility of the nurse to confirm that the patient or family member who will sign the informed consent form is coherent, and understands all the negatives and aspects of the treatment. The nurse, patient, or patient family member will sign the informed consent form in front of a witness, a physician or another nurse. Not having this legal document signed and in front of a witness could be a legal issue for the nurse if complications arise during treatment.
Negligence
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It is the responsibility of the nurse to monitor the patient. If a patient calls for a nurse to come and assist him in going to the restroom for example, the nurse is to assist, or if the is busy with another patient, have another nurse assist the patient. Ignoring the patient or responding after a a lengthy delay could be considered negligence, and if the patient is hurt from trying to move himeself, the nurse could face legal suits. Also, it could be considered negligence if a physician orders the nurse to administer a prescription, and the nurse did not do so.
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