Georgia Baptist College of Nursing
of
Mercer University
NUR 210 Nursing Concepts, Processes, and Skills
Unit 1: Professional and Personal Development
Part 8: Legal Concepts Related to Nursing
Lesson Objectives: Upon completion of this lesson the student will:
1.
Define commonly used legal terms.
2.
Describe the sources of law in the United States.
3.
Identify tort law classification.
4.
Discuss the standard of care and the regulation of nursing practice as
related to negligence.
5.
Discuss nursing malpractice litigation.
6.
Identify the most common nursing acts where nurses incur liability.
7.
Describe specific legal issues in specialty practice.
8.
List specific nursing behaviors which can reduce liability associated with
nursing practice.
9.
Explain the legal responsibilities of the student nurse.
10.
Discuss selected issues in the workplace.
11.
Discuss legal aspects of informed consent.
12.
Discuss legal issues relating to death and dying.
13.
Discuss legal issues relating to delegation.
Content Outline:
1.
Commonly used terms
1.1. Common law
1.2. Criminal law
1.3. Due process
1.4. Malpractice
1.5. Civil law
2.
Sources of Law
2.1. Common law
2.2. Constitutional law
2.3. Statutory law
2.4. Administrative law
3.
Tort law
1.1. Negligence/malpractice
1.2. Intentional torts
4.
Standard of care/Regulation of nursing practice
1.1. Nurse practice act
1.2. Standards of practice
1.3. State licensure
1.4. National certification
5.
Selected examples of negligence in nursing
5.1. Failing to monitor the patient as ordered by the physician
5.2. Failing to communicate a change in patient status
5.3. Failing to provide for the patient's safety
5.4. Improper administration of medication
5.5. Failing to question an inappropriate order
5.6. Failing to provide patient education
6.
Elements of Malpractice
7.
Delegation
7.1. Definition of delegation
7.2. How to effectively delegate
8.
Informed consent
9.
Legal issues related to death and dying
9.1. Advance directives
9.2. Do not resuscitate orders (DNR)
10.
Rights and liability of the student nurse
Teaching/Learning Activities
1.
2.
3.
Lecture/discussion
Visual aids
Legal handout
Critical Thinking Focus:
Think about situations in which you feel you may need to breach a patient’s
confidentiality. Explain your rationale.
Review the policy and procedure for restraints in your clinical site. What do you
identify as legal safeguards for the protection of the patient.
Review the attached legal handout and analyze all legal issues.
Reading Requirements:
Potter, P.A., & Perry, A. G. (2001). Fundamentals of nursing (5th ed., pp. 423443). St. Louis: Mosby.
Suggested Readings:
Brooke, P. (2003). How good a Samaritan should you be? Nursing, 33(6), 46-47.
Giordano, K. (2003). Examining nursing malpractice: A defense attorney’s
perspective. Critical Care Nurse, 23(2), 104-107.
Legal questions (2003). Nursing, 33(7), 68-69.
Martin, K., & Cepero, K. (1999). You’re being deposed? Remain calm. Nursing
99, 29(3), 60-61.
Michael, J. (2002). Expert witnessing brings nursing expertise into the legal
arena. Nursing Management, 33(3), 23-24.
Rev. 12/03/BB