MDC Wk 15 Nursing Role and Scope Legal Systems & Problems Discussion

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Qereveviren25

Health Medical

Miami Dade College

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Please answer the following. Each answer must be at least 3 paragraphs for each question to receive full credit. Research at least 3 sources to substantiate your answer and include in your references. As usual, be sure to post on at least two other students board and include a reference.

Additionally, you are expected to reply to two other students and include a reference that justifies your post. Your reply must be at least 3 paragraphs.

1. What is the importance of the legal system for nurses?

2. Describe strategies for avoiding legal problems in Nursing.

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Chapter 15 Law and the Professional Nurse Sources of Law • Statutory law • Administrative law (regulatory) • Case law • Enforcing the law – Civil – Criminal Civil Case Flowchart Complaint Answer Dismissed without prejudice Application for default judgment Trial setting conference Settlement conference Compulsory arbitration Default judgment Trial Settlement Notice of decision/aw ard Judgment Dismissed Appeal and motion to set trial Judgment Nursing Scope and Standards • Nursing scope of practice describes who, what, where, when, why, and how of nursing practice • Standards of nursing practice defined as “authoritative statements of the duties of all registered nurses, regardless of role, population or specialty, are expected to perform competently” Professional Performance Standards • Ethics • Leadership • Education • Collaboration • Evidence-based practice and research • Professional practice evaluation • Quality of practice • Resource utilization • Communication • Environmental health • Cultural congruence Standards: State Boards of Nursing • Develop scope of practice statements for licensure • Expand scope statements for advanced practice nurses • Make decisions about new practices and procedures • Define new categories of licensure, recognition, and certification • Determine appropriateness and level of discipline • Define state accreditation of nursing educational programs Evidence of Standards of Care Used in Court • Statutes • Agency regulations • Accreditation standards • Facility documents such as policies and procedures, job descriptions • Professional nursing guidelines • Manufacturers’ instructions related to medical equipment • Nursing literature • Expert testimony Negligence and Malpractice • Negligence is defined as the failure to act as a reasonably prudent person would have acted in a specific situation • Malpractice is the failure of a professional to use such care as a reasonably prudent member of the profession would use under similar circumstances, which leads to harm Elements to Prove in Successful Malpractice Case • Duty owed to the patient • Breach of the duty owed the patient • Foreseeability • Causation • Injury or harm • Damages Avoiding Malpractice and Negligence • Manage stress • Adhere to standards of care • Work in environments that encourage examination of incidents • Change systems to lower the risk of malpractice Nursing Licensure • Registration • Mandatory licensure • Certification • Endorsement • Nurse Licensure Compact • National Council of State Boards of Nursing initial licensure exam (NCLEX) The Nursing Licensure Compact Explained Video https://www.ncsbn.org/364.htm State Boards of Nursing • Obligation to protect safety of public • Nurse Practice Acts • Disciplinary actions • Alternative programs Board of Nursing Complaint Process: Investigation to Resolution Video https://www.ncsbn.org/426.htm Informed Consent • A brief but complete explanation of the patient diagnosis and proposed treatment or procedure • The name and qualifications of the person who will perform the procedure or treatment • Information related to available alternatives to the recommended treatment • Information related to possible complications of the treatment or procedure • An explanation related to the patient’s right to refuse treatment without having care discontinued Standards of Informed Consent • The medical standard—what is regarded as a material risk in the medical community • What a reasonable patient would need to know • What a particular patient needs to know Nurse’s Role in Informed Consent • Facilitating informed consent for patient care as a part of providing patient-centered care • Advocate for patient • Witness to patient signature Transparent Health−The Story of Michael Skolnik Video https://youtu.be/n83gd1piUu4 Privacy and Confidentiality • Privacy is the right of a person to be free from unwanted intrusion into the person’s personal affairs • Confidentiality of patient information is the obligation of all healthcare providers HIPAA (1 of 2) • Patients must be informed of their privacy rights • Patients must be informed as to who will see their records and for what purpose • Patients have the right to inspect and obtain a copy of their medical records • Personal data may not be used for marketing HIPPA (2 of 2) • Valid authorization to release health information must contain certain information, such as a copy of the signed authorization given to the patient, in understandable language, and information about how the patient may revoke this authorization • Although information may be used for research purposes to assess outbreak of a disease, all individual identifiable data must be removed Your New Rights Under HIPAA Video https://youtu.be/3-wV23_E4eQ HIPAA Complaint Process Five Rights of Delegation • The right task • The right circumstances • The right person • The right direction and communication • The right supervision and evaluation The National Council of State Boards of Nursing’s Delegating Effectively Video https://www.ncsbn.org/378.htm Model of Professional Nursing Practice Regulation http://www.nursingworld.org/modelofpracticereg ulation
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Explanation & Answer

Attached.

Running Head: CHAPTER 15 RESPONSE

Title
Name
Institutional Affiliation
Course
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CHAPTER 15 RESPONSE

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Question One: Importance

Both nursing and legal systems are devoted to assisting their patients along with
the society in general by facilitating justice and improvements in the healthcare
systems. Legal systems, in general, as a leading force for people's relations, peoplegroup relations, or groups-group relations (Masters, 2018). For guidance purposes,
legal systems should be established while abiding by the fundamental principles
presented in the guiding document of the country (i.e. the document is found in the
constitution of the USA). The principles presented in this constitution assembly and
religious liberty, liberty from undue interference by the country's government, and so
forth.
As indicated by Masters, (2018), nursing legal systems develop health and
nursing policy goals that help secure or protect the public's safety when receiving
nursing care. In other words, these policies help characterize...


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