select a legal issue in health care to determine relevant legal issues and regulations as well as actions that could be taken to improve the outcome.
The health care industry is heavily regulated by multiple sources. It is important for nurses to understand health care policy and regulatory environments for their local area to make sure they are following industry standards as well as not performing tasks nurses are not allowed to do locally.
Research common legal issues in health care that nurses frequently face or choose one of the legal case studies from the Nurses Service Organization.
Select a legal case study of interest or area in which you have experience.
Analyze the legal case study and ensure you include the following:
Summarize the legal issues present in the case.
Explain how these legal issues impact nursing practice.
Summarize regulations, laws, and industry standards present in the case.
Explain how the regulations, laws, and standards impact the nursing practice.
Brainstorm risk mitigation techniques that the hospital could have employed to prevent the situation and increase compliance with the regulations, laws, or standards relevant to the situation.
Determine actions the nurse could have taken to improve the outcome and increase compliance with the regulations, laws, or standards relevant to the situation.
Cite at least 3 evidence-based, peer-reviewed sources published within the last 5 years to support your positions.
Sample Answer
Legal Issue in Healthcare: Failure to Monitor and Documentation Errors Leading to Patient Harm
I will analyze a common scenario in healthcare litigation that often involves nurses: a failure to adequately monitor a patient and subsequent poor documentation, resulting in significant harm or death.
This issue often arises in cases involving patients receiving high-risk medications (e.g., opioids), those post-surgery, or those with rapidly changing conditions.
⚖️ Legal Analysis of the Case
1. Summarize the Legal Issues Present in the Case
The primary legal issue is medical negligence (a form of tort law) specifically tied to:
Breach of Duty: The nurse failed to meet the accepted standard of care by not performing required and timely patient assessments (e.g., checking vital signs, respiratory rate, pain level) as dictated by hospital policy or professional nursing guidelines.
Causation: The patient's subsequent injury or death was a direct and foreseeable result of the nurse's failure to monitor and intervene. For example, if a patient on a narcotic developed respiratory depression that went unobserved and untreated, the lack of monitoring caused the hypoxemia and resulting brain injury or death.
Documentation Errors: Inadequate, incomplete, or inaccurate charting exacerbates the legal risk. Poor documentation makes it difficult, if not impossible, to prove that the nurse fulfilled their duty of care, often leading to an assumption in court that an intervention or assessment was not performed.
2. Explain How These Legal Issues Impact Nursing Practice
These issues directly impact nursing practice by defining the standard of care and emphasizing accountability:
Increased Scrutiny: Every action or lack of action a nurse takes is evaluated against what a reasonably prudent nurse with similar training would have done under similar circumstances.
Professional Liability: Nurses face the risk of malpractice lawsuits, which can lead to license suspension, disciplinary action, and financial liability (though typically covered by employer or individual malpractice insurance).
Documentation as Defense: The legal system relies on the medical record as the primary evidence. If it wasn't documented, legally, it didn't happen. This forces nurses to ensure their charting is timely, accurate, and reflects the full scope of their assessment and interventions.
📜 Regulations, Laws, and Industry Standards
3. Summarize Regulations, Laws, and Industry Standards Present in the Case
State Nurse Practice Act (NPA) (Law): The NPA in the state where the nurse practices is the most fundamental law. It defines the scope of practice, educational requirements, and disciplinary guidelines for nurses. Failure to monitor and assess a patient falls outside the defined professional standard of care required by the NPA.