Nursing Guides & Resources: Legal Issues in Nursing

Malpractice occurs when a nurse or caretaker deliberately fails to provide a reasonable duty of care to a patient. This means that a nurse is expected to meet current standards of practice when assigned to a patient. That includes following the procedures and policies of the organization and meeting the requirements of their nursing license. 

To show that malpractice occurred, the party bringing the lawsuit has to prove that a duty existed between the nurse and patient. In addition, it has to be proven that there was a breach of that duty that could possibly cause harm to the patient and that injury was caused by the nurse's actions that resulted in damages. 

A common defense against malpractice is the Good Samaritan laws which protects those providing aid during medical emergencies. Each state has some form of the Good Samaritan law.

Negligence is similar to malpractice, however, the intent to cause harm is different. In malpractice, it has to be shown that the nurse or caretaker deliberately took the actions that caused harm. For example, forgetting to give a patient their medication could be considered negligence.

Defamation is when someone makes a hurtful or malicious statement in writing and presents it as facts. Additionally, if a hurtful or malicious statement is spoken, it is considered libel which is a type of defamation. Nurses and caregivers need to be careful when communicating with patients and coworkers to make sure that only facts are presented. 

Battery is the intentional harmful or offensive touching of someone without their consent. This is something that nurses need to be aware of as they often work closely with patients and if necessary, touch the patient. For example, a nurse might need to bathe a patient or might need to administer medication. Before undertaking any procedure, it is necessary that a nurse verifies the patient consents to the procedure as the patient may refuse care. If the patient doesn't understand the request, the nurse should ask the provider to speak to the patient and clear up any misunderstanding.

Patients have a right of an expectation of confidentiality and is protected by HIPPA laws. For nurses and caregivers, this means they have to be careful to not disclose a patient's confidential information. This includes discussing a patient or their care with other coworkers who do not have a right to know about it. Sharing a patient's information, whether verbally or in writing, with someone who is not authorized to have that information is illegal.