Chapter 12 Legal Accountabilities in the Health Care Environment

Patient Safety Issues Mandatory overtime Reduction of nursing leadership Long hours The right to refuse an assignment

Discrimination Federal statutes covering discrimination based on –Employment –Race –Color –Religion –Gender

Discrimination Federal statutes covering discrimination based on –Sexual harassment –Pregnancy –Age discrimination –Disability

Specific Discriminations Sexual harassment Age Gender Abilities (ADA) –Dependency

Legal Instruments Power of Attorney (POA) Durable Power of Attorney Advance Directive

HIPAA Enacted by Congress –Reduces administrative costs by standardizing electronic health care transactions –Encourages electronic transmission for these transactions

Negligence Conduct that falls below the standard established by law Conduct that places others at risk of harm

Malpractice Case? To establish a malpractice case, a patient must prove four elements: –Nurse owed individual duty of care –Care was breached –Breach resulted in injury –Injury caused actual damage

Informed Consent Encompasses an individual’s granting consent –Expressed or implied –Right to refuse treatment Competent versus incompetent

The Nurse Practice Act Purpose –Protects public from unsafe practitioners –Ensures quality nursing practice rendered by qualified practitioners Defined by each state

Good Samaritan Statutes Act must be volunteer in nature –Person receiving help must not object –Rescuer must be acting in good faith –Services must be free –Within the limits of a license