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Legal Issues Facing Health Care Workers on a Daily Basis

OnDemand Webinar (90 minutes)

Gain a refresher on common legal issues that you must know about in order to stay out of malpractice claims and litigation.Nurses are expected to do more with less; to work long hours; and to deliver high standard of care. Government regulations, state laws and the threat of litigation lingering require that nurses remain knowledgeable of the latest and most current information that affects their clinical practice and be aware of the legal implication of documentation in the medical record regardless whether it is an electronic format or handwritten. Understanding the legal implications of health care is frequently stated "It's not if you get sued but when you get sued." There has been an increase in the number of malpractice cases in part, due to an increased awareness of patients' and consumers' rights. Nurses have to bear heavy responsibilities. Failure to fulfill these responsibilities may result in allegations of negligence that can lead to malpractice lawsuits. Allegations of negligence can arise against a nurse from almost any action or failure to act that result in patient injury. This information addresses related laws and regulations, malpractice, and ways of preventing malpractice allegations by defining the relevant issues nurses are facing in health care on a daily basis.

Authors

Rachel Cartwright-Vanzant, Ph.D., MS, RN, LHRM, Medical Legal Concepts, LLC

Agenda

Introduction

• The Forgotten Aim in Health Equity

• Electronic Health Records

Medical Mistakes

• Errors With Catastrophic Outcomes

• Patient Safety Strategies

Trends in Nursing Litigation Environment

• Nurses Role Change in Medical Malpractice Litigation

• Nurse as Custodian

• Nurse as Clinician

Legal and Ethical Implications

• Hospital Duties Owed to Patients

• Liability

• Delegation

• Negligence

Medical Malpractice - a Meritorious Case

• Standard of Care

• Policies and Procedures

• Documentation

Avoid Malpractice Allegations

• Professional Practices

• Professional Liability Insurance

• Incident Reports

• Documentation Vulnerabilities

Prevent Liability Claims

• Nursing Care

• Plan of Care

• Communication

Discovery of Information During Litigation

• Patient Information

• Clinician Information

• Electronic Communication

Laws/Statutes

• Code of Federal Regulations

• Nurse Practice Act

Federal Agencies

• Centers for Disease Control and Prevention

• Food and Drug Administration

• Occupational Safety and Health Administration

Regulatory Compliance

• Centers of Medicare and Medicaid Services

• The Joint Commission

• Health Insurance Portability and Accountability Act

• Health Information Technology for Economic and Clinical Health Act

Avoiding Legally Risky Documentation

Running Stop Signs