Chapter 8: Nursing Law, Liability & Legal Issues

Nursing Law, Liability & Legal Issues overview of nursing law and liability explores the complex relationship between the legal system and professional healthcare practice. It begins by distinguishing the two primary sources of law in the United States: statutory law, which consists of written legislation like the Nurse Practice Act, and common law, which is derived from historical judicial precedents and court decisions. The material differentiates between criminal law, which protects society and punishes offenses like felonies or misdemeanors, and civil law, which resolves private disputes. Within civil law, the focus is largely on tort law, categorized into unintentional, intentional, and quasi-intentional acts. Unintentional torts, specifically negligence and professional malpractice, require four proven elements for successful litigation: a professional duty, a breach of that duty, a direct causal link between the action and the harm, and actual resulting damages. The discussion also covers intentional torts such as assault, battery, false imprisonment, and patient abandonment, alongside quasi-intentional violations like defamation—consisting of libel and slander—invasion of privacy, and breaches of confidentiality. Critical clinical legal issues are addressed, including the requirements for valid informed consent, the mandates of the Patient Self-Determination Act, and the distinctions between various advance directives like living wills and medical durable powers of attorney. Furthermore, the chapter details the importance of do-not-resuscitate (DNR) orders and the legal yardsticks known as standards of care. To mitigate the risk of litigation, the text advocates for high-level professional skills, strong patient rapport, meticulous medical record documentation, and the use of structured communication frameworks like SBAR (Situation, Background, Assessment, Recommendation). Finally, it examines the necessity of professional liability insurance and the administrative process through which a state board of nursing may revoke a license due to unprofessional conduct or safety violations.