Summative Assessment: Policy and Regulation in Practice
In this assessment, you select a legal issue in health care to determine relevant legal issues and regulations as well as actions that could be taken to improve the outcome.
The health care industry is heavily regulated by multiple sources. It is important for nurses to understand health care policy and regulatory environments for their local area to make sure they are following industry standards as well as not performing tasks nurses are not allowed to do locally.
Research common legal issues in health care that nurses frequently face or choose one of the legal case studies from the Nurses Service Organization.
Select a legal case study of interest or area in which you have experience.
Analyze the legal case study and ensure you include the following:
o Summarize the legal issues present in the case.
o Explain how these legal issues impact nursing practice.
o Summarize regulations, laws, and industry standards present in the case.
o Explain how the regulations, laws, and standards impact the nursing practice.
o Brainstorm risk mitigation techniques that the hospital could have employed to prevent the situation and increase compliance with the regulations, laws, or standards relevant to the situation.
o Determine actions the nurse could have taken to improve the outcome and increase compliance with the regulations, laws, or standards relevant to the situation
Full Answer Section
Regulations, Laws, and Industry Standards
Relevant regulations, laws, and standards include:
- The Joint Commission (TJC) National Patient Safety Goals: Emphasize the prevention of patient falls.
- State Nurse Practice Act: Outlines the scope of nursing practice and standards of care.
- Hospital policies and procedures: Specific guidelines for fall prevention and management.
These regulations and standards establish the framework for safe patient care and provide clear expectations for nurses.
Impact of Regulations on Nursing Practice
Compliance with regulations and standards is essential for protecting patients and avoiding legal repercussions. Nurses must be knowledgeable about these requirements and implement them consistently. Failure to do so can lead to disciplinary action, malpractice claims, and loss of licensure.
Risk Mitigation Techniques
To prevent similar incidents, the hospital could implement the following risk mitigation techniques:
- Comprehensive fall risk assessment: Regular evaluation of patients' fall risk.
- Staff education and training: Ongoing education on fall prevention strategies.
- Environmental modifications: Removal of fall hazards and implementation of safety measures.
- Electronic fall prevention systems: Use of technology to monitor patient movement and alert staff.
- Incident reporting and analysis: Thorough investigation of falls to identify trends and implement corrective actions.
Nurse Actions to Improve Outcome
The nurse could have taken the following actions to improve the outcome:
- Thorough fall risk assessment: Identifying the patient as high-risk.
- Implementation of fall prevention measures: Using bed alarms, gait belts, and frequent checks.
- Clear communication: Informing the patient and family about fall risks and prevention strategies.
- Documentation: Accurate and complete documentation of fall risk assessment and interventions.
By following these steps, the nurse could have potentially prevented the fall and mitigated the legal risks associated with the incident.
This case emphasizes the crucial role of nurses in patient safety and the importance of adhering to legal and regulatory requirements. By understanding and implementing best practices, nurses can help create a safer environment for patients and protect themselves from legal liability.
Sample Answer
Case Study: Patient Falls and Nursing Malpractice
Summary of Legal Issues
The case revolves around a patient fall resulting in severe injuries. Key legal issues include:
- Negligence: Did the nurse breach the standard of care by failing to implement fall prevention protocols?
- Malpractice: Did the nurse's actions or omissions directly cause the patient's injuries?
- Breach of duty: Did the nurse fail to fulfill their duty to the patient?
- Causation: Was there a direct link between the nurse's actions and the patient's injuries?
- Damages: Did the patient suffer harm as a result of the fall?
Impact on Nursing Practice
This case highlights the critical importance of adhering to established fall prevention protocols. Nurses must prioritize patient safety, accurately assess fall risk, and implement appropriate interventions. Failure to do so can result in severe consequences, including legal liability.