Legal responsibilities of a nurse

Legal responsibilities of a nurse

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  LEGAL RESPONSIBILITIES OFA NURSE Pooja dhimaan Tutor Lakshmi bai batra college of nursing New delhi
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  Probably no othernursing specialty area demand as great a need for knowledge of the law and ethics as does psychiatric mental health nursing. Psychiatric nurses are confronted on a daily basis with the interface of legal issues as they attempt to balance the rights of the patient with rights of society. Nurses must be aware of: • Both the laws in the state in which they practice. • Patient’s rights • Criminal and civil responsibilities of mentally ill patients. • Legal documentation Thus, knowledge of the law regarding psychiatry in the area where the nurse is practicing helps her to protect herself from liability and the patient from unnecessary detention and mistreatment. The nurse should • Protect the patient’s rights • Keep legal records safely • Maintain confidentiality of patient information • Take informed/substitute consent from patient/relatives for any procedure • Explain based on level of anxiety, span of attention and level of ability to decide.
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  Nursing Malpractice Malpractice involvesthe failure of professionals to provide proper and competent care that is given by the members of their profession, resulting in harm to the patient. For malpractice the following elements of nursing negligence must be proved: A legal duty of care existed: • The nurse performed the duty negligently • The damages were suffered by the plaintiff as a result • Damages were substantial Common areas of liability in psychiatric services: • Patient suicide • Failure to diagnose • Problems related to ECT • Misuse of psychoactive prescription drugs • Breach of confidentiality • Failure to obtain informed consent • Inadequate supervision by trainers and employees • Failure to report abuse
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  Steps to avoidliability in psychiatric services: • The nurse is responsible in reporting information to co-workers involved in patient care. • Maintain the records accurately and clearly. • Maintain confidentiality of patients information. • Practice within the scope of state laws and nurse practice act. • Collaborate with colleague to determine the best course of action • Use established practice standard to guide decisions and action • Always put patient rights and welfare first • Develop effective interpersonal relationship with patients and family • Document all assessment data, treatment, interventions and evaluation of the patients response to care accurately and thoroughly Confidentiality During the nurse-patient relationship a lot of information is gathered through direct and indirect sources, which is both verbal and written. Confidentiality refers to the non-disclosure of private information related to one individual to another, such as from patient to nurse.
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  informed Consent Informed consentis more than simply getting a patient to sign a written consent form. It is a process of communication between a patient and a nurse that results in a patient’s authorization or agreement to a specific medical intervention. The informed consent should include: • The patient’s diagnosis if known • Nature and purpose of a proposed treatment or procedure • Mode of administering the treatment • The risk and benefit of a proposed treatment or procedure • Alternate treatment procedures-risks and benefits • The risks and benefits of not receiving treatment Substituted Consent It refers to the situation where a patient is not capable of giving their own consent to the proposed treatment. In such case authorization is given by another individual, being a guardian appointed by the court or the kith and kin on behalf of the patient. Record Keeping Nursing notes and progress records constitute legal documents and hence should be maintained carefully. They should be non-judgmental and the statements made should be objective in nature.