What Is Legal Responsibility in Nursing

In addition to negligence and malpractice, patient confidentiality is an important legal consideration for nurses and nursing students. Patient confidentiality is an individual`s right to keep personal and identifiable health information known as protected health information (PHI) confidential. This right is protected by federal regulations called the Health Insurance Portability and Accountability Act (HIPAA). HIPAA was enacted in 1996 and was driven by the need to ensure the confidentiality and protection of personal health records and data in an environment of electronic health records and liability payers. There are two main sections of HIPAA, the Privacy Policy and the Security Rule. The Privacy Rule deals with the use and disclosure of individuals` health information. The security rule establishes national standards to protect the confidentiality, integrity and availability of electronically protected health information. HIPAA regulations go beyond medical records and apply to patient information shared with others. Therefore, all types of patient information should only be shared with members of the healthcare team who are actively caring for them. Fortunately, the American Nurses Association (ANA) publishes guidelines for ethical nursing practices in the United States. As the nursing profession evolves, the ANA`s Code of Ethics Handbook also publishes updates, particularly on controversial issues related to end-of-life decisions. While the basic ethical principles of nursing remain the same, your employer should keep you informed of current changes and issues through advice and regular training. Rule 7: The nurse promotes the profession in all roles and situations through research and scientific research, the development of professional standards, and the development of nursing and health policies.

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. For example, informed consent, documentation, acceptance of an order, training employees and customers on legal matters, and strict compliance and compliance with all national, state, and local laws and regulations. Nurses are required by law to report abuse, neglect, gunshot wounds, dog bites, certain communicable diseases, and any unsafe and/or illegal practices of another health care provider. A nurse has a legal responsibility to advocate for the patient in all health cases, including emergencies. The nurse will be the link between the doctor and the patient. The nurse has a legal obligation to monitor the patient and monitor any abnormalities or complications that may occur. If something happens, the nurse should see a doctor to take care of the patient immediately. 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. The American Nursing Association (ANA) guides nursing practice with the Code of Ethics for Nurses. [12] This Code provides a framework for ethical management and guidance for decision-making.

The Code of Ethics for Nurses serves the following purposes: Practising without a valid licence is illegal and equivalent to practising without a licence. All registered and registered general nurses or professional nurses must currently be licensed to practice nursing in their state of practice. The license protects the consumer public and guarantees that the nurse has completed a state-approved nursing school, passed her licensing exam, and has also met the requirements of the license within each two-year period without suspension or revocation of her license. All documents and forms of documentation are considered legal documents. The legal aspects of documentation, in addition to the legal requirements associated with confidentiality, include strict legal prohibitions on altering a record, deleting entries in the medical record, and falsifying documents. Article 9: The nursing profession shall collectively, through its professional associations, articulate nursing values, maintain the integrity of the profession and integrate principles of social justice into nursing and health policies. By the way, if you have an interest in law, in addition to being a nurse, why not combine the two and become a legal nurse consultant (CNL). A CNL must first become a registered nurse. They are seen as the link between the health and legal systems in cases of personal injury, medical malpractice or criminal law.

A career as a forensic nurse would also be a good option for you. As a nurse, you may also face ethical issues such as competence. A nurse is required to keep abreast of all the latest developments regarding a patient`s care. You are also responsible for overseeing the patient`s care and treatment and communicating any concerns and findings to the patient`s physician or other health care professional. As a caregiver, open communication with the patient about their treatments and prognosis is necessary. Nurses are accountable not only to their patients, but also to other staff. It is imperative that nurses recognize that they have an obligation and obligation to consider all consequences of their actions when meeting the medical and mental health needs of their patients, regardless of race, gender, political views or religious beliefs. Nursing students, nurses and other members of the health care team should exercise extreme caution when posting on Facebook, Instagram, Twitter, Snapchat and other social media sites. Information about patients, patient care and/or health authorities should never be posted on social media. Members of the health care team who violate this policy may lose their jobs and face legal action, and students may be sanctioned or excluded from their program of care. Keep in mind that even if you plan to post in a private group, the information can become public.

The nurse takes care of the patient she is monitoring at all times. If the patient needs help with issues such as hygiene, the nurse has a legal responsibility to help the patient. If a nurse does not monitor and care for the patient, it can be considered patient negligence, which is unethical and illegal. The patient may try to move and use the toilet on their own, and be physically injured in the process. Some patients may self-harm under the influence of medications, which should not happen if the nurse gives proper attention to her patient. Nurses have direct and frequent access to patients` personal health information and are responsible for protecting it. Patients have a right to privacy and expect to be deprived of it. Any unauthorized disclosure or disclosure of patient identification information is illegal under the Health Insurance Portability and Accountability Act (HIPAA). Nurses may refrain from openly discussing patient care – orally or in writing – with those who are not entitled to access it.

This includes maintaining confidentiality in the presence of other nursing colleagues and health care providers. 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.