Leadership and Management
Legal Aspects of Nursing
o Often an NCLEX-RN® question asks who should explain a surgical procedure to the client. The
answer is the health care provider. Remember that it is the nurse’s re
...
Leadership and Management
Legal Aspects of Nursing
o Often an NCLEX-RN® question asks who should explain a surgical procedure to the client. The
answer is the health care provider. Remember that it is the nurse’s responsibility to be sure that the
operative permit is signed and is on the chart. It is not the nurse’s responsibility to explain the
procedure to the client.
o Often questions are asked regarding the Good Samaritan Act, which is the means of protecting a
nurse when she or he is performing emergency care.
Good Samaritan Act: Protects health practitioners against malpractice claims for care
provided in emergency situations (e.g., the nurse gives aid at the scene to an automobile
accident victim).
o If the nurse carries out a health care provider’s prescription for which he or she is not prepared and
does not inform the health care provider of his or her lack of preparation, the nurse is solely liable
for any damages.
If the nurse informs the health care provider of his or her lack of preparation in carrying out
a prescription and carries out the prescription anyway, the nurse and the health care
provider are liable for any damages.
o Assignments are often tested on the NCLEX-RN. The Nurse Practice Acts of each state governs
policies related to making assignments. Usually, when determining who should be assigned to do a
sterile dressing change, for example, a licensed nurse should be chosen—that is, an RN or licensed
practical nurse (LPN) that has been checked off on this procedure.
o Restraints of any kind may constitute false imprisonment. Freedom from unlawful restraint is a
basic human right and is protected by law.
Apply restraints properly; check restraints frequently to see that they are not causing injury
and record such monitoring; remove restraints as soon as possible; use restraints only as a
last resort
o A patient must give written consent before health care providers can use or disclose personal health
information; health care providers must give patients notice about providers’ responsibilities
regarding patient confidentiality; patients must have access to their medical records; providers who
restrict access must explain why and must offer patients a description of the complaint process;
patients have the right to request that changes be made in their medical records to correct
inaccuracies; health care providers must follow specific tracking procedures for any disclosures
made that ensure accountability for maintenance of patient confidentiality; patients have the right
to request that health care providers restrict the use and disclosure of their personal health
information, though the provider may decline to do so.
Leadership and Management
o Assertive communication starts with “I need” rather than with “You must.”
o Motivation comes from within an individual. A nurse leader can provide an environment that will
promote motivation through positive feedback, respect, and seeking input. Look for responses that
demonstrate these behaviors.
o Effective leadership involves assertive management skills (i.e. democratic/participative). Look for
responses that demonstrate that the nurse is using assertive communication skills.
o Delegating to the right person requires that the nurse be aware of the qualifications of the
delegator: appropriate education, training, skills, experience, and demonstrated and documented
competence.
Five Rights of Delegation (as defined by the National Council of State Boards of Nursing)
Right task: Is this a task that can be delegated by a nurse?
Right circumstance: Considering the setting and available resources, should
delegation take place?
Right person: Is the task being delegated by the right person to the right person?
Right direction/communication: Is the nurse providing a clear, concise description
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