NursingPlex

    Legal and Ethical Practice

    Principles, consent, privacy, documentation and reporting

    Fundamentals

    Ethical principles

    AutonomyRespecting the patient's right to decide (including refusal)
    BeneficenceDoing good
    NonmaleficenceDoing no harm
    JusticeFair distribution of care
    FidelityKeeping promises
    VeracityTelling the truth
    AccountabilityTaking responsibility for your actions

    Legal terms

    Negligence vs. malpracticeFailure to act as a reasonable person would; malpractice is professional negligence
    Elements of malpracticeDuty, breach of duty, causation, damages (harm)
    Assault / batteryThreat of touch / unwanted touch (e.g., treating without consent)
    False imprisonmentRestraining or detaining without legal cause or order
    DefamationSlander (spoken) / libel (written)

    Consent and advance directives

    • Valid consent: competent adult, informed, voluntary. Minors need a parent or guardian, except emancipated minors and situations allowed by state law (e.g., STI, contraception, pregnancy care).
    • In a true emergency, implied consent applies.
    • Advance directives: living will (wishes) and durable power of attorney for health care (decision-maker). Ask about them on admission (Patient Self-Determination Act).
    • DNR means no CPR, not "no care". POLST: portable medical orders for seriously ill patients.
    • Leaving against medical advice: explain risks, notify the provider, have them sign the AMA form if willing, document.

    Privacy (HIPAA)

    • Share only the minimum necessary, only with people involved in care or authorized by the patient.
    • No details by phone unless the caller is verified (e.g., a code or password).
    • Never post anything about patients on social media, even without names.
    • Patients can see and request copies of their records.
    • Log off; don't look up records you don't need (including your own family's).

    Documentation

    • Facts, objective, timely; quote the patient where useful.
    • Errors: follow the electronic correction process (paper: single line, "error", initials). Never delete, erase or use correction fluid.
    • Late entries labeled as late.
    • Incident reports are for quality improvement: don't mention them in the chart; document only the event and care given.

    Mandatory reporting

    • Suspected child abuse or neglect, elder or dependent-adult abuse (proof isn't required).
    • Certain communicable diseases (to the health department).
    • Some injuries (e.g., gunshot wounds), per state law.
    • Impaired or unsafe practice by a colleague: report through the chain of command.

    Good Samaritan laws protect emergency care given in good faith, within your training, off duty and without payment.

    Priority An order you believe is unsafe: don't carry it out; clarify with the prescriber, and if still unsafe, use the chain of command. Following an unsafe order doesn't protect you.

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