Show Open Resources for Nursing (Open RN) As discussed earlier in this chapter, nurses can be reprimanded or have their licenses revoked for not appropriately following the Nurse Practice Act in the state they are practicing. Nurses can also be held legally liable for negligence, malpractice, or breach of patient confidentiality when providing patient care. Negligence and Malpracticeis a “general term that denotes conduct lacking in due care, carelessness, and a deviation from the standard of care that a reasonable person would use in a particular set of circumstances.” is a more specific term that looks at a standard of care, as well as the professional status of the caregiver.” To prove negligence or malpractice, the following elements must be established in a court of law:
To avoid being sued for negligence or malpractice, it is essential for nurses and nursing students to follow the scope and standards of practice care set forth by their state’s Nurse Practice Act; the American Nurses Association; and employer policies, procedures, and protocols to avoid the risk of losing their nursing license. Examples of nurses breach of duty that can be viewed as negligence include:
Patient ConfidentialityIn addition to negligence and malpractice, patient confidentiality is a major legal consideration for nurses and nursing students. is the right of an individual to have personal, identifiable medical information, referred to as protected health information (PHI), kept private. This right is protected by federal regulations called the Health Insurance Portability and Accountability Act (HIPAA). HIPAA was enacted in 1996 and was prompted by the need to ensure privacy and protection of personal health records and data in an environment of electronic medical records and third-party insurance payers. There are two main sections of HIPAA law, the Privacy Rule and the Security Rule. The Privacy Rule addresses the use and disclosure of individuals’ health information. The Security Rule sets national standards for protecting the confidentiality, integrity, and availability of electronically protected health information. HIPAA regulations extend beyond medical records and apply to patient information shared with others. Therefore, all types of patient information should only be shared with health care team members who are actively providing care to them. How do HIPAA regulations affect you as a student nurse? You are required to adhere to HIPAA guidelines from the moment you begin to provide patient care. Nursing students may be disciplined or expelled by their nursing program for violating HIPAA. Nurses who violate HIPAA rules may be fired from their jobs or face lawsuits. See the following box for common types of HIPAA violations and ways to avoid them.
Common HIPAA Violations and Ways to Avoid Them
Social Media GuidelinesNursing students, nurses, and other health care team members must use extreme caution when posting to Facebook, Instagram, Twitter, Snapchat, and other social media sites. Information related to patients, patient care, and/or health care agencies should never be posted on social media; health care team members who violate this guideline can lose their jobs and may face legal action and students can be disciplined or expelled from their nursing program. Be aware that even if you think you are posting in a private group, the information can become public. The American Nurses Association (ANA) has established the following principles for nurses using social media:
In addition to these principles, the ANA has also provided these tips for nurses and nursing students using social media:
Read more about the ANA’s Social Media Principles. View the Social Media Guidelines for Nurses video from the National Council of State Boards of Nursing (NCSBN) on using social media responsibly. Code of EthicsIn addition to legal considerations, there are also several ethical guidelines for nursing care. There is a difference between morality, ethical principles, and a . refers to “personal values, character, or conduct of individuals within communities and societies.” An ethical principle is a general guide, basic truth, or assumption that can be used with clinical judgment to determine a course of action. Four common ethical principles are beneficence (do good), nonmaleficence (do no harm), autonomy (control by the individual), and justice (fairness). A code of ethics is set for a profession and makes their primary obligations, values, and ideals explicit. The American Nursing Association (ANA) guides nursing practice with the Code of Ethics for Nurses. This code provides a framework for ethical nursing care and a guide for decision-making. The Code of Ethics for Nurses serves the following purposes:
The ANA Code of Ethics contains nine provisions. See a brief description of each provision in the following box.
Provisions of the ANA Code of Ethics Provision 1: The nurse practices with compassion and respect for the inherent dignity, worth, and unique attributes of every person. Provision 2: The nurse’s primary commitment is to the patient, whether an individual, family, group, community, or population. Provision 3: The nurse promotes, advocates for, and protects the rights, health, and safety of the patient. Provision 4: The nurse has authority, accountability, and responsibility for nursing practice; makes decisions; and takes action consistent with the obligation to promote health and to provide optimal care. Provision 5: The nurse owes the same duties to self as to others, including the responsibility to promote health and safety, preserve wholeness of character and integrity, maintain competence, and continue personal and professional growth. Provision 6: The nurse, through individual and collective effort, establishes, maintains, and improves the ethical environment of the work setting and conditions of employment that are conducive to safe, quality health care. Provision 7: The nurse, in all roles and settings, advances the profession through research and scholarly inquiry, professional standards development, and the generation of both nursing and health policy. Provision 8: The nurse collaborates with other health professionals and the public to protect human rights, promote health diplomacy, and reduce health disparities. Provision 9: The profession of nursing, collectively through its professional organizations, must articulate nursing values, maintain the integrity of the profession, and integrate principles of social justice into nursing and health policy. The ANA Center for Ethics and Human RightsIn addition to publishing the Code of Ethics, the ANA Center for Ethics and Human Rights was established to help nurses navigate ethical and value conflicts and life-and-death decisions, many of which are common to everyday practice.
Check your knowledge with the following questions: A “general term that denotes conduct lacking in due care, carelessness; and a deviation from the standard of care that a reasonable person would use in a particular set of circumstances. A “specific term that looks at a standard of care, as well as the professional status of the caregiver. Keeping your patient’s Protected Health Information (PHI) protected and known only by those health care team members directly providing care for the patient. A code that applies normative, moral guidance for nurses in terms of what they ought to do, be, and seek. Personal values, character, or conduct of individuals within communities and societies. |