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