Ethical and Legal Considerations for Nurse Leaders
Discussion Overview: Nurse leaders are responsible for ensuring that the standards of care are maintained in their respective clinical settings or department. There are several potential sources for liability and risk of malpractice among managers.
Discussion Prompt: For this week’s discussion, select one of the following topics and identify an example of a situation in which a nurse manager was held legally responsible for patient outcomes or the outcomes of the situation:
Note: Please select a situation that is not listed in the text as an example.
• Assignment, Delegation, and Supervision
• Duty to Orient, Educate, and Evaluate
• Failure to Warn
• Staffing Issues (Mandatory Overtime, Floating, or Temporary Staffing)
• Accreditation
• Social Media
• Professional Comportment
• Discharge planning or transfers between units or other healthcare organizations
Once you have identified a situation related to the above topics, address the following in your response: Provide a brief summary of the situation you have selected.
• Articulate what professional standard was not met.
• Identify the role of the nurse leader or manager in the situation.
• Discuss your thoughts regarding the burden of responsibility and liability that nurse leaders assume in their role.
• Given what you have learned, describe at least two resources, strategies, or support you would use in a similar situation.
Ethical and Legal Considerations for Nurse Leaders
Ethical and Legal Considerations for Nurse Leaders
Introduction
Nurse leaders play a crucial role in upholding standards of care and ensuring patient safety within healthcare settings. However, they also face the risk of liability and malpractice in various aspects of their managerial responsibilities. This discussion will focus on the topic of Discharge Planning or Transfers between Units or Other Healthcare Organizations and explore a situation where a nurse manager was held legally responsible for patient outcomes.
Selected Situation: Discharge Planning or Transfers
Summary: In this scenario, a nurse manager overseeing discharge planning failed to ensure a thorough assessment of a patient's post-discharge care needs. The patient, upon being discharged prematurely without adequate support in place, experienced complications at home and had to be readmitted shortly after.
Professional Standard Not Met: The professional standard of duty to ensure safe and appropriate discharge planning and continuity of care was not met in this situation.
Role of Nurse Leader: The nurse manager was responsible for overseeing the discharge planning process, coordinating with healthcare team members, and ensuring that the patient's post-discharge needs were adequately addressed.
Burden of Responsibility and Liability: Nurse leaders bear a significant burden of responsibility in ensuring that patients receive safe and effective care throughout their healthcare journey. In this context, failing to meet professional standards in discharge planning can lead to adverse patient outcomes and legal repercussions for the nurse manager.
Resources and Strategies:
1. Interdisciplinary Collaboration: Engage with other healthcare professionals, such as social workers and case managers, to ensure comprehensive assessment and planning for patient discharge.
2. Utilization of Evidence-Based Practices: Implement evidence-based protocols and tools for discharge planning to enhance the quality and safety of transitions of care.
3. Continuous Education and Training: Invest in ongoing education and training for nursing staff on discharge planning best practices, regulatory requirements, and patient-centered care principles.
Conclusion
In conclusion, nurse leaders must prioritize ethical and legal considerations in their managerial roles to prevent adverse patient outcomes and mitigate the risk of malpractice. By adhering to professional standards, actively engaging in discharge planning processes, and leveraging resources and strategies for support, nurse leaders can uphold the highest standards of care and promote patient safety within healthcare organizations.