Legal and Ethical Considerations for Nursing

Introduction

• Lecturer: Professor Hoffman
• Focus on legal and ethical considerations for nursing
• Previous module covered standards defining nursing practice (ANA standards, Nurse Practice Act, etc.)

Learning Objectives

• Explain legal liability terms
• Understand elements of legal liability
• Understand patient confidentiality
• Understand ANA social media guidelines
• Recognize purpose and provisions of ANA Code of Ethics

Legal Boundaries and Liability

• State Nurse Practice Act: Defines legal boundaries for nurses
  • Failure to adhere can result in legal liability and disciplinary actions

Legal Liability

• Negligence vs. Malpractice
  • Negligence: Lack of due care, deviation from standard care
  • Malpractice: Professional negligence with reckless intent
• Both handled in civil court

Criteria for Negligence/Malpractice

1. Recognized duty owed to patient
2. Failure to provide owed duty
3. Foreseeable adverse results
4. Demonstrated cause of injury
5. Injury resulting in damage

• All criteria must be met to prove negligence/malpractice

Patient Confidentiality

• A patient right under federal and state guidelines
• HIPAA (1996): Health Insurance Portability and Accountability Act
  • Violations include gossiping, unsecured records, unauthorized access, etc.
  • Student nurses must follow HIPAA regulations

Social Media Guidelines

• ANA principles for nurses using social media
  • Violations may lead to liability and disciplinary actions
• Review ANA tips for social media use

Ethics in Nursing

• Ethics: Guide for proper and acceptable action
  • Beneficence, non-maleficence, autonomy, justice
• ANA Code of Ethics: Contains nine provisions

Conclusion

• Next module: Nursing process and ANA Standards of Nursing Practice