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In today's litigious society, it can be easy for the nursing staff to become involved directly or indirectly in legal matters. However, just as the amount of cases has increased, there are some common themes among legal battles involving nursing practitioners that have stood out. By understanding some of the issues at work, nurses can avoid many of the trouble or high risk areas that might create future legal situations.
Over-stressed and exhausted individuals can make errors which could develop into legal entanglements. Though, with today's nursing shortage, longer hours and increased patient load may be unavoidable. Here are a few areas in which nurses could possibly be placed in a legal situation.
Negligence
Obviously, if a nurse is neglecting the patients in his or her care, the nurse can be held responsible for the negligence. Negligence is the failure to take an action that should be attended to. Medication not administered, care not given, supervision not provided-all of these things may qualify as negligence. A patient has the right to expect that a certain level of care would be provided to them. If this level is not maintained, the patient may have grounds for pursuing legal action to remedy the results of the negligent activities.
Malpractice
As opposed to negligence, malpractice is doing something wrong when it was reasonable to expect that the activity would be done correctly. For example, if a nurse does range of motion movements on a patient incorrectly and causes additional strain or pain to the joints, this might be considered malpractice, since it is to be expected that a nurse would be trained in doing such tasks correctly. It does not matter why the malpractice occurred, but it can be the result of fatigue or incomplete or inadequate training. Malpractice is tied to legal risks in many hospital settings each year, although it is more commonly thought of in connection with doctors than nursing staff.
Accidents
An accident is an unforeseen circumstance that is not necessarily due to negligence on the part of the nurse. An accident might occur if a nurse's action is done incorrectly with full knowledge of the correct way to perform the task. An accident could also occur if a patient who is allowed to be out of bed without supervision slips and falls. Although it is a legal risk, this scenario may not be as difficult to defend as negligence or malpractice. However, since the victim may be looking for someone to blame for their misfortune, the nurse may very well be tied up with legal issues in this particular situation.
The Actions of Another
If the actions of other personnel or staff fall under the heading of negligence or malpractice and it is not reported, you may potentially be held accountable for legal implications resulting from negative activities. If a nurse knows of a co worker who is abusing drugs, for example, and that nurse allows that activity to continue, the nurse can be held responsible for any harm that is caused while that nurse was under the influence. If someone under a nurse's supervision is not adequately trained in transferring patients, that nurse has some responsibility to encourage them to learn the missing skills. This is to protect the patient and the staff member from injury.
Documentation
One of the greatest legal defences a nurse has is to always document properly. This can work the other way as well though, and a nurse can be held responsible if there are documentation errors. The patient's charts are the legal record of actions taken medically on their behalf. It is critically important that such records be complete and accurate. If there is a controversial order on the chart, in the view of the nurse, then it would be wise to verify. Legal risks are higher if the charting is done incorrectly, or inadequately.
Certification and Licensing
A nurse that does not have current certification and licensing may become involved in legal entanglements, particularly if any other activities attract the attention of the authorities. Practicing medicine without being properly trained can be dangerous for the patient, but can result in huge fines and even prison time for the person who is found guilty of such acts.
These examples represent occasions when a nurse may be involved in activities that cause risk legally either to the nurse or the other medical staff in the facility. Different types of nursing situations may be more prone to risk than others. For example, a hospital setting may be more likely to have certain types of legal risks. Home health care may display another type of risk, while nursing home care may represent another entire group of risk factors.
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