|
|
|
xi | |
| Preface |
|
xiii | |
| Abbreviations |
|
xv | |
|
|
|
1 | (16) |
|
|
|
1 | (1) |
|
|
|
1 | (1) |
|
The Two Principal Subdivisions of Law |
|
|
2 | (1) |
|
The Two Principal Divisions of Law |
|
|
3 | (1) |
|
|
|
4 | (1) |
|
|
|
5 | (1) |
|
|
|
6 | (1) |
|
Intentional Torts against Persons |
|
|
7 | (8) |
|
Patients' Bills of Rights |
|
|
15 | (2) |
|
|
|
17 | (10) |
|
Definition of Malpractice |
|
|
17 | (1) |
|
|
|
17 | (1) |
|
Required Elements of Malpractice |
|
|
18 | (3) |
|
The Legal Doctrine of Res Ipsa Loquitur |
|
|
21 | (1) |
|
The Legal Doctrine of Vicarious Liability |
|
|
22 | (5) |
|
|
|
27 | (6) |
|
Principal Types of Legal Defense |
|
|
27 | (6) |
|
Standards of Nursing Care |
|
|
33 | (8) |
|
Definition of Standard of Care |
|
|
33 | (1) |
|
Application of Standards of Care in Nursing Malpractice |
|
|
34 | (1) |
|
Expert Witnesses and Standards of Care |
|
|
35 | (1) |
|
Sources of Standards of Care |
|
|
35 | (3) |
|
Application of Standards of Care in Nursing Practice |
|
|
38 | (3) |
|
The Nurse at Risk for a Malpractice Lawsuit |
|
|
41 | (12) |
|
Common Bases of Nursing Malpractice Lawsuits |
|
|
41 | (1) |
|
The Nurse Most Likely to Be Sued |
|
|
42 | (1) |
|
The Patient Most Likely to Sue |
|
|
42 | (1) |
|
|
|
43 | (1) |
|
Other Instances of Potential Liability |
|
|
44 | (6) |
|
Liability Risks in Advanced Practice Nursing |
|
|
50 | (3) |
|
|
|
53 | (16) |
|
Steps in the Legal Process |
|
|
53 | (1) |
|
Initiation of a Malpractice Lawsuit |
|
|
54 | (1) |
|
|
|
55 | (4) |
|
|
|
59 | (5) |
|
|
|
64 | (1) |
|
|
|
65 | (1) |
|
|
|
65 | (4) |
|
Surviving Notification of a Nursing Malpractice Lawsuit |
|
|
69 | (6) |
|
The Nurse and the Legal Process |
|
|
69 | (1) |
|
|
|
69 | (3) |
|
What to Do if You Are Sued |
|
|
72 | (1) |
|
What Not to Do if You Are Sued |
|
|
72 | (3) |
|
Preparing for and Surviving a Deposition and a Trial |
|
|
75 | (14) |
|
Deposition Procedures and Protocols |
|
|
75 | (3) |
|
The Expert Witness at a Deposition |
|
|
78 | (1) |
|
Preparing for a Deposition |
|
|
79 | (1) |
|
|
|
80 | (1) |
|
Survival Tactics for the Deponent |
|
|
80 | (6) |
|
|
|
86 | (3) |
|
|
|
89 | (16) |
|
Nursing Documentation As a Risk Management Strategy |
|
|
89 | (1) |
|
|
|
90 | (6) |
|
Nursing Diagnoses: Legal Aspects |
|
|
96 | (2) |
|
Documenting Discharge Teaching and Planning |
|
|
98 | (1) |
|
|
|
99 | (3) |
|
|
|
102 | (3) |
|
The Medical Record As Evidence in Nursing Malpractice |
|
|
105 | (8) |
|
|
|
105 | (5) |
|
Legal Implications of Tampering with the Medical Record |
|
|
110 | (3) |
|
Legal Implications of Informed Consent |
|
|
113 | (12) |
|
|
|
113 | (1) |
|
Consent in Nursing Practice |
|
|
114 | (2) |
|
|
|
116 | (1) |
|
Required Elements of Informed Consent |
|
|
116 | (4) |
|
|
|
120 | (1) |
|
|
|
120 | (1) |
|
Responsibility for Obtaining Informed Consent |
|
|
121 | (1) |
|
The Nurse As a Witness to Informed Consent |
|
|
122 | (1) |
|
Witnessing Other Legal Documents |
|
|
123 | (2) |
|
Legal Implications of Advance Directives and No-Code Orders |
|
|
125 | (10) |
|
|
|
125 | (2) |
|
Types of Advance Directives |
|
|
127 | (2) |
|
Informing the Patient Regarding Advance Directives |
|
|
129 | (1) |
|
Nurses' Roles in Advance Directives |
|
|
129 | (1) |
|
Documenting Advance Directives in the Medical Record |
|
|
130 | (1) |
|
Compliance with Advance Directives |
|
|
131 | (1) |
|
Organ Donation and Advance Directives |
|
|
132 | (1) |
|
|
|
132 | (3) |
|
|
|
135 | (12) |
|
Professional Responsibility for Coverage |
|
|
135 | (1) |
|
The Need for Malpractice Insurance |
|
|
135 | (1) |
|
|
|
136 | (1) |
|
Mistaken Perceptions of Malpractice Insurance |
|
|
137 | (1) |
|
Types of Malpractice Insurance Policies |
|
|
138 | (1) |
|
Reading and Understanding a Policy |
|
|
139 | (5) |
|
|
|
144 | (3) |
|
The National Practitioner Data Bank |
|
|
147 | (12) |
|
The Creation of the National Practitioner Data Bank |
|
|
147 | (1) |
|
Definition of ``Health Care Practitioner'' |
|
|
148 | (1) |
|
Confidentiality of Data Bank Information |
|
|
149 | (1) |
|
What Must Be Reported to the Data Bank |
|
|
149 | (2) |
|
Who Must Report to the Data Bank |
|
|
151 | (1) |
|
Who Can and Who Must Query the Data Bank |
|
|
152 | (2) |
|
Legal Implications of a Hospital's Failure to Query the Data Bank |
|
|
154 | (1) |
|
Attorney Access to the Data Bank |
|
|
155 | (1) |
|
|
|
156 | (3) |
|
Disciplinary Actions by State Boards of Nursing under Nurse Practice Acts |
|
|
159 | (14) |
|
History of Nurse Practice Acts |
|
|
159 | (1) |
|
Content and Purpose of a Nurse Practice Act |
|
|
160 | (1) |
|
|
|
161 | (1) |
|
Scope of Nursing Practice |
|
|
161 | (1) |
|
|
|
162 | (1) |
|
|
|
162 | (1) |
|
Violations of a Nurse Practice Act |
|
|
163 | (1) |
|
Bases for Disciplinary Actions by a State Board |
|
|
164 | (1) |
|
Types of Disciplinary Actions by a State Board |
|
|
164 | (1) |
|
|
|
165 | (3) |
|
|
|
168 | (5) |
|
Roles of the Professional Nurse in the Legal Process |
|
|
173 | (10) |
|
Nurses' Roles in the Legal Process |
|
|
173 | (1) |
|
Why Nurses Elect to Function in These Roles |
|
|
173 | (1) |
|
|
|
174 | (1) |
|
The Nurse As a Testifying Expert |
|
|
174 | (4) |
|
The Nurse As a Consulting Expert |
|
|
178 | (2) |
|
Becoming a Testifying Expert and/or a Consulting Expert |
|
|
180 | (1) |
|
Implications for the Nursing Profession |
|
|
181 | (2) |
| Appendix I. State Laws on Patient Access to Medical Records |
|
183 | (4) |
| Appendix II. List of Web Sites |
|
187 | (4) |
| Appendix III. List of State Boards of Nursing |
|
191 | (10) |
| Glossary |
|
201 | (10) |
| Bibliography |
|
211 | (4) |
| Index |
|
215 | |
Other versions by this Author