Medical durable power of attorney Health care proxy designates another person

Medical durable power of attorney health care proxy

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Medical durable power of attorney: Health-care proxy, designates another person to make health-care decisions for a person if the client becomes incompetent or unable to make such decisions.
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Issues in Health-Care Litigation (cont’d) Patient Self-Determination Act (cont’d) Each state outlines its own requirements for executing and revoking the medical durable power of attorney and living wills. It is the nurse’s responsibility to know the laws of their state regarding living wills Documents and rules can be accessed on the state’s website. They are legal documents and are enforceable under the law.
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Legal Concepts Good Samaritan Law: written to encourage health-care professionals to help in emergency situations. Reduces the professional liability when responsible care is used. Care given must be in the professional’s scope of practice and training. Rests on the concept of
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Legal Concepts (cont’d) True emergency: exists when a person will either die or have a permanent injury if not treated immediately. Consent is considered implied; the person, if awake or able, would want care. Can be used with children under 18.
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Legal Concepts (cont’d) Statute of limitation: a time period after which a malpractice suit cannot be filed. Generally, 2 years after the discovery of injury In children, up to age 21
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Legal Concepts (cont’d) Expert witness: a person called to provide special information or opinions in cases that require special study or experience. Usually an instructor or nursing supervisor Can give opinions—usually testimony only allows facts
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Protection Against Lawsuits Maintain good medical records. Establish good relationships with clients. Keep nursing skills current. Assess the client frequently for changes. Maintain professional manner. Avoid making statements that may admit fault.
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Protection Against Lawsuits (cont’d) Don’t criticize other professionals. Stay within your scope of practice. Be definite about instructions. Take extra precautions with telephone orders. Monitor the care of those you supervise. Check the condition of health-care equipment you are using.
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Protection Against Lawsuits (cont’d) If in doubt, stop! Watch for adverse outcomes (medications, treatments, etc.). If you suspect a lawsuit, notify your insurance carrier immediately. Never tell a patient you have malpractice insurance. If a suit is filed, don’t talk to anyone but your lawyer.
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Protection Against Lawsuits (cont’d) SBAR S ituation B ackground A ssessment R ecommendation Using a systematic communication approach reduces the likelihood of confusion
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Student Clinical Practice Many nurses work with student nurses. Student nurses do NOT practice on the instructor’s nor the staff’s license. Students practice under an EXEMPTION in the nurse practice act that allows non-nurses to practice nursing in certain situations. Students are liable for their own actions. Instructors and registered nurses (RNs) can be held liable under supervisor liability.
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