chapter 3
Nursing Practice and the Law
OBJECTIVES
After reading this chapter, the student should be able to:
■Identify three major sources of laws.
■Explain the differences between various types of laws.
■Differentiate between negligence and malpractice.
■Explain the difference between an intentional and an
unintentional tort.
■Explain how standards of care are used in determining
negligence and malpractice.
■Describe how nurse practice acts guide nursing practice.
■Explain the purpose of licensure.
■Discuss issues of licensure.
■Explain the difference between internal standards and
external standards.
■Discuss advance directives and how they pertain to clients’
rights.
■Discuss the legal implications of the Health Insurance
Portability and Accountability Act (HIPAA)
OUTLINE
General Principles
Meaning of Law
Sources of Law
The Constitution
Statutes
Administrative Law
Types of Laws
Criminal Law
Civil Law
To r t
Quasi-Intentional Tort
Negligence
Malpractice
Other Laws Relevant to Nursing Practice
Good Samaritan Laws
Confidentiality
Slander and Libel
False Imprisonment
Assault and Battery
Standards of Practice
Use of Standards in Nursing Negligence Malpractice
Actions
Patient’s Bill of Rights
Informed Consent
Staying Out of Court
Prevention
Appropriate Documentation
Common Actions Leading to Malpractice Suits
If a Problem Arises
Professional Liability Insurance
End-of-Life Decisions and the Law
Do Not Resuscitate Orders
Advance Directives
Living Will and Durable Power of Attorney for Health Care (Health-Care Surrogate)
Nursing Implications
Legal Implications of Mandatory Overtime
Licensure
Qualifications for Licensure
Licensure by Examination
NCLEX-RN
Preparing for the NCLEX-RN
Licensure Through Endorsement
Multistate Licensure
Disciplinary Action
Conclusion21