Legal Issues in Nursing

Legal Issues in the Nursing Practice

By Isabella Perez

Department of Nursing, Long Island University

Contemporary Topics in Nursing

Laws in the professional nursing practice are needed because in order to provide the best quality care to the public and protect them in legal issues.The American legal system has the U.S Constitution, that is broken down to 3 equal branches. The branches are judicial, executive and legislative. The U.S constitution is basically the principles and gives the guidelines for the people to live in a well being world. The judicial branch is when they decide the situation/person is guilty or not guilty. They will resolve the situation. The executive basically enforces the laws on the people. The legislative branch basically has the most power and controls everything. There are a few laws broken down to the parts. There is the common law, statutory law, administration law, civil law and criminal law.(Black.2020)

Laws, rules, and regulations are extremely important to the practice in many aspects. It helps to prepare the nurse to give the best care to the public. It ensures safety between the nurse and the patient. It prevents mistakes from happening that could lead to a malpractice. It's also a legal protection for nurses in certain cases. It ensures a professional and trustworthy practice to the public.(Black.2020)

The Nurse Practice Act (NPA) gives a person a legal right to practice in nursing. The Nurse Practice Act tends to be a little different in each state. The Nurse Practice Act rules are enforced by the State board of Nursing. It defines the professional nursing practice. The reason a nurse needs a license is because it protects the public health, safety and welfare. It's determined based on the person's education in the field, their legal titles and abbreviations nurses may use. It provides the disciplinary actions for the nurses license for certain situations. Without the NPA, the health industry wouldn't be safe.(Black.2020)

The State Boards of Nursing is specific in each state who's qualified and practice in a safe health environment. It's basically the partnership with the NPA. It also enforced the minimum criteria for the nursing education. The school could only operate if they are approved by the state. When a person applying for licensure must graduate from a state approved nursing education program. The boards of nursing has the right to punish the nurse if they are being dangerous to the public health. They could give the nurse probation ,suspension or the could revoke the license. Every nursing student must pass the NCLEX-RN in order to practice in the field.(Black.2020)

When a nurse fails to provide the appropriate care for the patient can lead to malpractice. Malpractice is when a medical professional gives improper treatment to the patient. It becomes a lawsuit against the medical professional. This becomes a big threat to the hospital and the professional license. The most common malpractice is negligence. So when the nurse fails to raise the side-rails after surgery and that patient fell out of the bed, that nurse's liability issues is being negligent to the patient. This nurse failed in many aspects. Failed to monitor the patient.Failed to use proper patient protective devices. Failed to supervise the patient. Failed at taking care of the patient safety. The importance of bedrails prevents patients from falling out of the bed. The patient will need another person to help them out. depending of that situation outcome, the boards can put the nurse on probation or suspension. They can even revoke their license.(Black.2020)

Laws and regulations are needed, so the public has a safe healthcare environment. If we don't have a safe healthcare environment, it can lead to disasters.

References

Black,B.P.(2020).Professional Nursing: Concepts & Challenges(9th Ed.).Elsevier