Legal protections in Nursing Practice
How can we protect ourselves from legal
liabilities
1. Good Samaritan Acts
- Theses are laws designed to protect health
care providers who provide assistance at the
scene of an emergency against claims of
professional negligence unless it can be shown
that there was a gross departure from the
normal standard of care or willful wrongdoing
on their part.
Guidelines for nurses who choose to
render emergency care include:
1. Limit actions to those normally considered
first aid if possible
2. Do not perform actions which nurse does
not know how to perform
3. Offer assistance but do not insist
4. Have someone call or go for additional help
5. Do not leave the scene until the injured
person leaves or another qualified person take
over
6. Do not accept compensation
2. Professional Liability Insurance
- These are protections given by some of the
employers which covers the employees,
including nurses.
- Not present to all hospitals (esp. small
clinics)
3. Carrying out a Physician's Orders
- Nurses are expected to analyze
procedures and medications ordered by the
physician or primary care provider.
- It is the responsibility of the nurse to seek
clarification of ambiguous or seemingly
erroneous orders from the physician.
REMEMBER: The "4" Qs
1. Question any orders a client questions
2. Question any order if the client's condition
has changed
3. Question and record verbal orders to avoid
miscommunications
4. Question any order that is illegible, unclear
or incomplete
Types of Doctor's Orders
* Verbal Orders
* Written Orders
Verbal and Telephone Orders
Verbal Orders - are instructions for client care
that are given during face to face
conversations.
Telephone Orders - are obtained from a
physician during a telephone conversation.
* When obtaining phone orders, it is
important to repeat the dosages of drugs and
to spell drug names for confirmation and
accuracy.
* Some nurses ask a second nurse to listen
to a telephone order on an extension.
4. Providing competent Nursing Care -
competent practice is a major legal safeguard
for nurses.
5. Documentation
Client's Medical Chart - is a legal document
and can be produced in court as evident
6. The Incident Report
- also known as "unusual occurence report"
- an agency record of an incident or unusual
occurence
- these are used to make all facts available
to agency personnel, to contribute to statistical
data of incidents.
REMEMBER:
1. Identify the client by name, initials and
hospital or identification number;
2. Give the date, time and place of the incident;
3. Provide a brief decription of the incident.
Aboid any conclusion or blames. Describe the
incident as you saw it even if your impressions
differ from those of the others;
4. Incorporate the clients account of the
incident. State the client's comments by using
direct quotes (as verbatim)
5. Identify all witness to the incident
6. Identify the equipment by number and any
medication by name and dosage
Legal Protection for Nurses
* Function within the scope of nursing practice
(RA 9173)
* Follow the policies and procedures of the
employing agency
* Build and maintain good rapport with clients
* Always check the identity of a client to make
sure it is the right client
