Nursing is a multifaceted profession that requires strong clinical skills, excellent problem-solving, top-notch communication skills, and a deep understanding of the legal obligations and implications of Nursing practice. The legal aspects of Nursing are just as important as the clinical aspects to ensure you are providing safe patient care. Here are some of the legal aspects of Nursing to know and understand.
Licensure and Certification
To legally practice as a Nurse, you must obtain and maintain a valid Nursing license or certification in the state you practice Nursing. Licensure is the process state boards of Nursing use to determine a Nurse has attained the educational and clinical requirements to practice Nursing competently.
Once licensure is obtained, each state has set requirements to maintain and renew licensure. Receiving and maintaining a Nurse's license is the first legal responsibility.
Scope of Practice
The Nursing scope of practice standardizes what a Nurse can and cannot do legally. For example, the scope of practice for LPN’s varies from that of an RN. Nurses must practice within the legal boundaries defined by the state in which they practice.
When Nurses deviate from their authorized scope of practice, it can result in legal consequences. Before practicing Nursing in any state, become familiar with the set scope of practice to avoid legal implications.
Medical Malpractice is when a Nurse fails to provide patient care that meets the established standards of the Nursing profession, which results in patient compromise or harm. Malpractice has severe legal and professional consequences and can ultimately result in the revocation of your Nursing licensure.
Nursing malpractice can include physical, emotional, or financial harm or injury to a patient, medication errors, failure to report, or documentation issues.
Accurate and comprehensive Nursing documentation is a crucial element of patient care. Laws and regulations mandate Nurses maintain proper Nursing documentation to enhance communication and serve as evidence in case of legal disputes or investigations.
To properly document your patient care, it is essential to use clear and objective language, write the facts, record care promptly, sign and date all entries, report any omissions or errors according to your facility's policies, and protect patient confidentiality and privacy. Nurses who maintain compliant documentation can protect themselves in the event of legal challenges.
Informed Consent is a fundamental ethical and legal aspect of Nursing of which all Nurses must become familiar. Informed consent involves obtaining permission from the patient or their legal representative before any procedure, treatment, or intervention.
Nurses play a critical role in informed consent as we spend the most time at the bedside. It is the responsibility of every Nurse to ensure patients are fully educated on the potential risks and benefits of the proposed healthcare action and all potential alternatives so they can make an informed decision that meets all ethical and legal standards.
Nurses are mandated reporters, which means all Nurses have a legal responsibility to report any suspected abuse or neglect of vulnerable individuals. Nurses must be vigilant and learn to recognize signs of abuse or neglect in children, the elderly, or other vulnerable populations.
Suppose you suspect abuse or mistreatment of a patient. In that case, it is your legal responsibility to report findings to organizations such as child protective services, elder services, or local law enforcement.
Legal issues in Nursing can have serious consequences. Staying updated on the laws and regulations specific to Nursing practice is essential to ensure you maintain the highest standards of patient care. To learn more about the legal regulations and obligations you should uphold, reach out to your state board of Nursing to learn more.