Professional Documents
Culture Documents
NUR101
FALL 2008
LECTURE #21
K. Burger, MSEd, MSN, RN,CNE
PPP by: Sharon Niggemeier RN MSN Revised kburger8/06
Legal Aspects
-educational requirements
-licensing exam (NCLEX)
-maintenance and renewal
-suspension and revocation
-professional misconduct proceedings
Take a look at www.op.nysed.gov/nurse.htm
The State Board of Nursing may revoke or
suspend a nurses license for willfully violating
the nurse practice act:
• drug/ETOH abuse (most common)
• fraud ( in obtaining license)
• conviction of a felony
• gross or ordinary negligence
• previous disciplinary actions in other states
• physical / mental impairments
• practicing after your license expires
Types of Legal Action- Crimes
• Criminal Action
– a wrong against persons and society
– criminal court
– punishable by imprisonment
Felony
Misdemeanor
Types of Legal Actions- Torts
• Civil Action- Tort
– A wrong against an individuals rights or
property
– civil court
– punishment usually with monetary settlement
– tort may also be a crime and tried in both courts
Intentional
Unintentional
Torts
• Intentional: • Unintentional:
fraud negligence
invasion of privacy Malpractice =
defamation of negligence as it
character applies to a
false imprisonment profession
assault and/or battery
Elements of Malpractice
FOUR elements must be • Injury(damages)-
met to prove guilty of nurses act caused harm
malpractice • Proximate cause-
• Duty- (relationship) reasonable cause and
nurses responsibility to effect can be shown
provide care in an between the omission
acceptable manner or commission and the
• Breach of Duty- failed harm
to provide care in
acceptable manner
Common Malpractice Allegations
• Failure to maintain safety
• Improper technique/treatment
• Failure to monitor and report
• Medication errors
• Failure to follow policy/procedures
• Poor documentation
• Improper use of equipment
Protecting Yourself