Legal Aspects of Nursing

The standards of professional nursing practice are applied for all nurses regardless of role, population and specialty.

Federal and state laws will not have any impact the manner in which nursing is practiced.

In previous decades, prior to the growth of professional nursing practice, nurses were judged by the same standard of care as the ordinary man or woman, because a nurse was not considered a professional who delivered specialized care.

Malpractice is negligence, misconduct, or breach of duty by a professional that results in injury/damage to a patient.

Example of a common malpractice claims arise against nurses when nurses fail to assess, monitor, document, or communicate.

To prove malpractice, all 3 of the following elements must be proven by the plaintiff.

Know and follow your state's nurse practice act and your facility's policies and procedures may help minimize a nurse's risk of being sued for malpractice.

When you are served with a complaint or a letter of intent to sue, your first response should be to contact a representative of the plaintiff.

A staff nurse working in an institution such as a hospital is unlikely to need additional coverage, unless he or she practices outside of the hospital.

Malpractice insurance can help when the nurse are sued.