Legal Aspects of Nursing

33問 • 2年前

問題一覧

 a rule of conduct pronounced by controlling authority, which may be enforced.  3 essential characteristics of every law:  the authority or the right to declare the rule exists  such rule is pronounced or expressed and that its source can be identified  a right to enforce the same must be provided

Law

 department of law which comprises all legal rules and principles effecting the practice of nursing  includes the study and interpretation of rules and principles and their application in the regulation of the practice of nursing

Nursing Jurisprudence

Functions of Law in Nursing

- Provides a framework, - Delineates - Helps to establish - Assists in maintaining

- first law that had to do with the practice of nursing - Act No. ______ in ______. - Regulated the practice of medicine provided for the examination and registration of nurses in the Philippine Islands - Applicants need to be only twenty years old, of good physical health and good moral character. - Graduates of intermediate courses of the public school could enter the school of nursing, which was then giving only two years, and a half of instruction. These graduates were called first class nurses. Those who desired to be second-class nurses filed an application with the district health officer in the district where they resided.

Act No.2493 in 1915

______: Act ______ was passed First True Nursing Law - created among others a board of examiners for nurses

1919, Act 2808

_______: The first board examination in the Philippines was given.

1920

___________: Philippine Nursing Law or R.A. _____ was passed. - regulated the practice of nursing in the Philippines

June 19, 1953, R.A. 877

_________: Presidential Proclamation of a Nurses' Week (one of the landmarks in the history of the nursing profession in the Philippines) is the Under Proclamation No. ______ dated ________ the President of the Philippines designated the last week of ______ every year beginning in ______ as Nurses' Week.

October 17, 1958, 539

There are laws governing the practice of Nursing, one of which is: - AN ACT PUNISHING THE MALPRACTICE OF ANY MEDICALPRACTITIONER IN THE PHILIPPINES AND FOR OTHER PURPOSES

House Bill No. 4955

As nurses begin their professional obligations, their legal responsibilities begin as well. Their license to practice attests that they are qualified under the law to practice their profession. The Philippine Nursing Act of 1992 is the best guide the nurse can utilize as it defines the scope of nursing practice. There are also standards of care that may be used as criteria in evaluating their work. The nurses are enjoined to be familiar with the Philippine Nursing Law, and the standards of nursing care, other laws which affect nursing practice and their code of ethics.

Legal Liabilities in Nursing

When nurses undertake to practice their profession, they are held responsible and accountable for the quality- of performance of their duties. Nurses employed in an agency, institution, or hospitals are responsible directly to their immediate supervisors. Private duty nurses, being independent practitioners, are held to a standard of conduct that is expected of reasonably prudent nurses. The standard is clearly defined, legal expectation to which nurses are held accountable. A nurse assumes responsibility and accountability for all nursing care delivered.

Responsibility and Accountability for the Practice of Professional Nursing

- refers to the execution of duties associated with a nurse’s particular role. That is, the nurse is responsible for providing care within established standards of the profession. The responsible nurse demonstrates characteristics of reliability and dependability.

Responsibility

- refers to the ability to answer for one’s own actions. The nurse is accountable to herself most of all. He/she also balances accountability to the patient, the profession, the employing institution, and society.

Accountability

________ - the commission or omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstances would or would not do, and acting or the non-acting is the proximate cause of injury to another person or his property

Professional Negligence

- an obligation one has incurred or might incur through any act or failure to act. - When the nurse fails to meet the legal expectations of care, the client can initiate action if harm or injury is incurred by the client.

Liability

 implies the idea of improper or unskillful care of a patient by a nurse  also denotes stepping beyond one's authority with serious consequences

Malpractice

Nursing students are responsible for acquiring the knowledge and skills necessary to become a safe practitioner. Included in this knowledge and skill development is the awareness of ethical principles and the process of ethical decision making. Nursing students must act as reasonably prudent persons, equivalently with education and experience, when performing nursing duties. They must perform only those tasks that they are competent to perform.

Legal Responsibilities of Students

- Under the Philippine Nursing Act of ______ R.A. ______ nursing students do not perform professional nursing. They are to be supervised by their Clinical Instructors. - In order that the errors committed by nursing students will be avoided/minimized, the following measures should be taken: - Nursing students should always be under the ________ of their Clinical Instructors. - They should be given _____ that are in level of their training, experience and competency. - They should be advised to seek ______ specially if they are performing a procedure for the first time. - They should be ______ to the policies of the nursing unit where they are assigned. - Their performance should be ______ frequently to determine their strengths and their weaknesses. - Frequent _______ with the students will reveal their problems, which they may want to bring to the attention of their instructors or vice-versa. Discussions of these problems will iron out doubts and possible solutions may be provided

Liability for the Work of Nursing Students, 2002, R.A. 9173, Supervision, Assignments, Guidance, Oriented, Assessed, Conferences

- Nurses now participate in complex intravenous therapy procedures that were once performed only by doctors. Because of this change, nurses must remember that their legal right to give intravenous injections is based on the Philippine Nursing Act of 1991 Section 28 which state that "in the administration of intravenous injections, special training shall be required according to protocol established."

Intravenous Therapy and Legal Implications

There are legal risks by telephone orders. These may be misunderstood or misinterpreted by the receiving nurse. Sometimes too, messages from telephones may sound unclear or garbled because of some trouble in the telephone lines. Most importantly, the signature of the ordering physician is not present and this order may later be denied incase errors exist or court litigations arise.

Telephone Orders

The value of _______ is both scientific and legal. As a record of illness and treatment, it saves duplication in future cases and aids in prompt treatment. The record supplies rich material for medical and nursing research. It serves as a legal protection for the hospital, doctor and nurse by reflecting the disease or condition of the patient and his management. Nurses must remember the rule. "If it was not charted, it was not observed or done,"

Medical Records

When a nurse or a clinical instructor countersigns the charting of a nursing student, she attests that she has personal knowledge of information and that such is accurate and authentic. Anyone who countersigns without verification commits herself to possible legal risk.

Charting Done by Nursing Students

Legal Safeguards

Written Consent, Incident Reports

The consent signed by the patient or his authorized representative/legal guardian on admission is for the initial diagnosis and treatment. Subsequent treatments/operations require individual, informed consent.

Consent to Medical and Surgical Procedures

Consent is an authorization, by a patient or a person authorized by law to give the consent on the patient's behalf that changes a touching from non-consensual to consensual.

Nature of Consent

A written consent should be signed to show that the procedure was the one consented to and that the person understood the nature of the procedure, the risks involved and the possible consequences. A signed special consent is necessary before any medical or surgical treatment is done such as x-rays, special laboratory tests, blood transfusions, operations, cobalt therapy, or chemotherapy and the like.

Proof of Consent

Ordinarily, the patient is the one who gives the consent in his own behalf. However, if he is incompetent (such as in the case of minors or the mentally ill) or physically unable and is not an emergency case, consent must be taken from another who is authorized to give this in his behalf.

Who Must Consent

Parents, or someone standing in their behalf, give the consent to medical or surgical treatment of a minor. Parental consent is not needed however, if the minor is married or otherwise emancipated.

Consent of Minors

A mentally incompetent person cannot legally consent to medical or surgical treatment. The consent must be taken from the parents or legal guardian.

Consent of Mentally ill

When an emergency exists, no consent is necessary because inaction at such time may cause greater injury. A mother who is on the advanced stage of labor or a patient who goes to the emergency room gives an implied consent to an immediate treatment or attendance.

Emergency Situation

A patient who is mentally and legally competent (sane mind and of legal age) has the right to refuse to permit touching of his body or to submit to a medical or surgical procedure. Examples are those patients who, because of their religious beliefs, may refuse blood transfusion.

Refusal to Consent

Sterilization is the termination of the ability to produce offsprings. The husband and the wife must consent to the procedure if the operation is primarily to accomplish sterilization. When the sterilization is medically necessary, the sterilization is an incidental result such as in cases of abruption placenta, ectopic pregnancies or ruptured uterus, the patient's consent alone is sufficient.

Consent for Sterilization

The primary purpose of an incident report is to document and prevent possible consequent injuries. Classifying an event, as an incident does not imply that someone made a mistake, it only means that something unusual happened.

Incident Reports

Latin Abbreviations

JULLIANNE DANDAN · 43問 · 2年前

Latin Abbreviations