Interrogations are questions that are used to obtain certain information from a legal party of an opposing party. As a rule, questions refer to general information. Queries work best for getting simple factual information. (Example: Medical records indicate that ECG strips were used during Mr. Smith`s treatment on June 6, 2011. Please indicate if the ECG device worked properly.) Each hearing should be limited to a “one question/one fact” format, in accordance with the Federal Rules of Civil Procedure. This means that each interrogation can only ask for one fact. The use of compound questions is generally not allowed. Once the complaint and response have been filed with the court, lawyers for both parties consider the appropriate applications (an application is an application to the court to make an order). The defence may file a motion to dismiss on the ground that the application does not contain any facts that make the defendant liable to the plaintiff. The defendant may file a motion to dismiss before responding to it. The plaintiff may apply for summary judgment stating that the facts making the defendant liable to him or her are not in dispute. A court that grants one of these advance requests can end the trial, which is why these are usually the first cases to take place.

If these requests are denied, the action will continue. Legal settlements/agreements from a court case are admissible throughout the court proceedings. As previously mentioned, nurses are required by law to report all unsafe and inappropriate practices by health care workers and personnel. Once identified, the nurse should attempt to stop unsafe and/or inappropriate practices and report it immediately. ANA American Nurses Association “Professional Standards” www.nursingworld.org, Brooke PS, Legal questions Nursing, October 2012, 42(10) p10-1 Long-term care facilities, nursing homes and skilled care facilities have been hit hard by the COVID-19 pandemic and, as a result, there are new federal guidelines and requirements to ensure quality of care for these facilities. Since March 2020, almost all care facilities have undergone targeted inspection by CMS. These will continue throughout 2021 and providers need to understand the evolution of CMS guidance. As mentioned above for telemedicine providers, LTC and care facilities should consult the CMS COVID-19 General Emergency Declaration Waivers for Health Care Providers. A number of general exemptions that excluded certain requirements for nursing homes have expired and these requirements are now in effect. They should also report if they discover that another health care provider is engaging in unsafe or illegal practices. The areas that pose the most legal risks associated with the Respondeat Superior doctrine include: While caring for others is a rewarding career, caring for others brings its own share of liability issues.

From malpractice to improper disclosure of information, there are legal consequences that every nurse should consider. Registered Nurse to Bachelor of Science in Nursing (RN to BSN) programs often delve deeper into this topic, but ongoing independent research is also helpful. Here are some common legal issues nurses may face: The plaintiff`s lawsuit seeks damages or relief from a defendant who allegedly caused the injury. The application shall set out the legal and factual grounds on which the plaintiff considers that the defendant is responsible for his offence. Nursing students, nurses and other members of the health care team should exercise extreme caution when posting on Facebook, Instagram, Twitter, Snapchat and other social media sites. Information about patients, patient care and/or health authorities should never be posted on social media. Members of the health care team who violate this policy may lose their jobs and face legal action, and students may be sanctioned or excluded from their program of care. Keep in mind that even if you plan to post in a private group, the information can become public. You may face serious consequences, such as; Disclaimer and Cancellation. Those who are aware of their legal responsibilities and obligations can better defend themselves or their patients in the event of a breach. In addition to negligence and malpractice, patient confidentiality is an important legal consideration for nurses and nursing students. Patient confidentiality is an individual`s right to keep personal and identifiable health information known as protected health information (PHI) confidential.

This right is protected by federal regulations called the Health Insurance Portability and Accountability Act (HIPAA). HIPAA was enacted in 1996 and was driven by the need to ensure the confidentiality and protection of personal health records and data in an environment of electronic health records and liability payers. There are two main sections of HIPAA, the Privacy Policy and the Security Rule. The Privacy Rule deals with the use and disclosure of individuals` health information. The security rule establishes national standards to protect the confidentiality, integrity and availability of electronically protected health information. HIPAA regulations go beyond medical records and apply to patient information shared with others. Therefore, all types of patient information should only be shared with members of the healthcare team who are actively caring for them. These are some of the legal issues one may face in nursing over the course of one`s career. A nurse needs to be aware of regulatory developments and stay informed. You may have dealt with legal and ethical issues in nursing. However, if you work as a health care nurse, it is your legal duty to fully comply with the laws. With the ever-changing and efficient technological environment related to health care, all patient care documentation is monitored more accurately, thoroughly and effectively by the federal government and all entities involved in the medical profession.

It is important to always care for our patients as competent, trained and competent professionals and to document their care with honesty, integrity and accuracy. Protecting our patients` privacy rights in all areas of their healthcare is a top priority for our current healthcare system, which is strengthened and maintained by the development of stricter HIPAA regulations. Failure to comply with these standards can result in serious consequences/sanctions for all healthcare providers involved. Misconduct is an act of omission or commission that does not meet established standards of due diligence and causes injury. Nurses must therefore provide all aspects of care in accordance with established standards of care in a safe and competent manner, as well as in a complete, appropriate and timely manner. The court clerk then issues a summons to the accused. The sheriff or a licensed server formally delivers the subpoena to the defendant. The subpoena contains a notice of claim and a copy of the complaint. Plaintiffs suing nurses may encounter common defences to protect caregivers. Nursing defenses may include: Living will: The written legal document outlines the types of medical treatment and life-sustaining measures the patient requests or refuses, such as mechanical breathing, tube or nutritional feeding, or resuscitation.

In some states, living wills may be called health declarations or health guidelines. Article 9: The nursing profession shall collectively, through its professional associations, articulate nursing values, maintain the integrity of the profession and integrate principles of social justice into nursing and health policies. symplr Compliance provides legal and regulatory content in its risk assessment management module of our powerful and flexible platform. We provide the software, tools and unique expert content you need to assess your regulatory compliance position and discover changes in health laws that impact your business. Learn more about symplr compliance and our comprehensive portfolio of GRC solutions. Because of nurses` intimate professional responsibilities, there are legal regulations that they must take into account. Nurses should keep abreast of applicable medical care laws, given the scope and severity of potential legal issues that may arise. An RN program at BSN often includes courses dedicated to these specific legal challenges, providing nurses with opportunities to report concerns appropriately and helping them protect their licenses and livelihoods.

Practicing without a current and valid license is illegal and is equivalent to practicing without a license. It is a professional, moral and legal duty of a nurse to report abuse, neglect, epidemics or other infectious diseases. If a nurse does not protect this information or share it with an unauthorized person via a platform, she may be subject to prosecution. Litigation can arise in the nursing profession, although health professionals make every effort to provide quality care. The objective of this course is to educate nurses about their responsibilities and accountability to patients and complex issues in basic legal situations. This course will help nurses become familiar with the legal aspects of nursing practice and be vigilant. Most states require nurses to be competent. A nurse performing a task for which she is not qualified may be prosecuted, and nurses are expected to reject an assignment for which they are not qualified. Unfortunately, the demands of patient care can put the nurse in a situation where she feels unqualified, such as floating in another unit.