Ethical and Legal Considerations for Nurse Leaders
Discussion Overview: Nurse leaders are responsible for ensuring that the standards of care are maintained in their respective clinical settings or department. There are several potential sources for liability and risk of malpractice among managers.
select one of the following topics and identify an example of a situation in which a nurse manager was held legally responsible for patient outcomes or the outcomes of the situation:
select a situation that is not listed in the text as an example.
• Assignment, Delegation, and Supervision
• Duty to Orient, Educate, and Evaluate
• Failure to Warn
• Staffing Issues (Mandatory Overtime, Floating, or Temporary Staffing)
• Accreditation
• Social Media
• Professional Comportment
• Discharge planning or transfers between units or other healthcare organizations
Once you have identified a situation related to the above topics, address the following in your response: Provide a brief summary of the situation you have selected.
• Articulate what professional standard was not met.
• Identify the role of the nurse leader or manager in the situation.
• Discuss your thoughts regarding the burden of responsibility and liability that nurse leaders assume in their role.
• Given what you have learned, describe at least two resources, strategies, or support you would use in a similar situation.
Sample Solution
Brief Summary:
A 78-year-old patient, Mrs. Jones, undergoes knee replacement surgery. The nurse manager creates the discharge plan, assigning discharge teaching and medication education to an unlicensed nursing assistant (UNA) without proper oversight by a registered nurse (RN). Mrs. Jones is discharged home on pain medication but is not adequately informed about potential side effects or proper medication management. Following discharge, Mrs. Jones experiences a medication overdose and suffers serious complications.
Full Answer Section
Professional Standard Not Met: The nurse manager failed to meet the standards of care in several ways:- Improper Delegation:Assigning medication education, a complex task requiring nursing judgment, to an unlicensed nursing assistant (UNA) who is not qualified for such tasks.
- Inadequate Discharge Planning:Failing to ensure the discharge plan included proper medication education by a qualified RN and clear instructions for Mrs. Jones.
- Delegated a complex task to an unqualified staff member.
- Did not provide adequate supervision or ensure competency of the UNA delegated the task.
- Failed to ensure clear communication and education for Mrs. Jones regarding her medication regimen.
- American Nurses Association (ANA):The ANA provides guidelines for delegation and patient education. Utilizing these resources can ensure proper task assignment and patient teaching.
- Competency Assessments:Regularly assess the competency of all staff members, including UNAs, to ensure they can perform delegated tasks safely and effectively.
- Standardized Discharge Planning Tools:Implement standardized tools to ensure all discharge plans include essential elements like medication education and follow-up instructions.
- Open Communication with Staff:Encourage open communication among staff regarding concerns about workload, staffing shortages, or delegation issues. This allows for early identification and resolution of potential problems.