Legal Issues for Nurses

The Nurse Practice Act One of the most essential tools in any nurse's legal defense fund is to acquire a copy of the Nurse Practice Act, also known as "the Act" from your State Board of Nursing. "The Act" is the standard by which decisions will be made regarding issues relating to malpractice suits.

Answers to the types of questions listed below can be found in "the Act". If you don't have a copy from your state, visit the Nurse Practice Act and request one ASAP. And if you relocate, request a new one with your license.

Can an LPN care for patient with a Swan-Ganz catheter?

Can an LPN hang a piggyback with 50 cc's of fluid in it or push IV-meds?

What are the duties of a nurse's aid and are the RN's liable?

Policy and Procedures: Always review and double check the general nursing manual, as well as any that pertain to your specific area of practice. If your hospital has a policy that is different from "the Act" follow the guidelines in the "the Act".

For example: If your institution allows unlicensed personnel to insert Foley catheters but the policy found in the Nurse Practice Act requires that insertion be performed by licensed personnel only, the licensed nurse should insert the Foley.

Remember, if there is a negative outcome, the licensed nurse will be judged by the standards of "the Act" not by the hospitals policy. Insurance Clearly, insurance is essential. Shop around for a policy that suits your needs. Two types to look for are:

Occurrence - means the company that covered you during the period of the occurrence will be responsible for damage and expenses.

Claims - means the company will cover any claims made while the policy is in effect, no matter when the occurrence happened.

A few questions you may want to ask the insurance companies representative are: 1. Can I select my own attorney? 2. Does your company routinely settle claims or will I have my day in court? Continuing Education Continuing education is another essential. Not only does it keep you abreast of the most current changes and innovations in your area of specialty but it is one of the first things an attorney will check into if a claim is filed. Was this individual up to date on their Continuing Education?

Licensing and Certifications Clearly, you must keep all licensing and certifications current. This is another key area that an attorney will investigate if a claim is filed.

Important Industry Specific Terms to Know and understand Negligence - Failure to act as a reasonably prudent person would act under the same circumstances; failure to do something, to do something carelessly or recklessly Malpractice - Negligence by a professional. Assault - A threat or attempt to inflict bodily harm combined with the ability to commit the act :: If you move another inch, I'll have to tie you to the bed. Battery - Intentional harmful or offensive contact that occurs without consent :: Use of restraints without an order or a written policy of protocol. Libel - Publication of defamatory statements. Nurses Notes will be scrutinized for libel. Slander - Oral defamatory statements