Sheila Lucas - Introduction



Nurse Leader’s Responsibility to Legal and Risk Management ApplicationSheila LucasFerris State University AbstractNurse leaders have a duty to ensure that safe patient care is being delivered under their direction. To do this a good understanding of legal and risk management issues is important to maintain proper patient care. Nurses are called to uphold these legal obligations through not only their licensure but also through their code of conduct, scope and standards of practice and ethical principles. Nurse leaders should use their understanding of legal rules and regulations to influence policies and procedures, mentor and discipline, and assist in the growth of the nursing profession.Nurse Leader’s Responsibility to Legal and Risk Management ApplicationNurse leaders are responsible for not only their own personal practice but the practice of the organizations they work for, the nurses they lead and the profession as a whole. Leaders should hold themselves to high moral, ethical and legal obligation to ensure the safe and reliable care delivery and patient satisfaction is maintained. “Accountability remains one of the hallmarks of nursing, and nurses will be held accountable for their actions while delivering patient care; therefore, all nurses must remain vigilant to the NPA and other laws, rules and regulations that govern nursing practice” (Grant and Ballard, 2011. P 7). The American Nurses Association’s (ANA) Nurse Administrator’s Scope and Standards of Practice (2009) has multiple references regarding nurse leader’s responsibilities. Some of these are to maintain and reflect the current statues, rule and regulations and standards in areas of planning, professional practice evaluation, ethics, and advocacy. “Upholding nurse practice acts, verifying and tracking licensure and credentialing of all applicable staff, abiding by nurses’ rights and compliance with regulatory and professional standards are duties of the nurse administrator at any level” (ANA, 2009. P. 11). The nursing code of ethics (ANA, 2009) also speaks to nurse’s responsibilities to provide legal care to patients and maintain patient’s rights. Health care is continuously changing and it is vital that nurse leaders are up to date on the legal aspect of health care and nursing services provided. Nurse leaders should have a basic knowledge of disciplinary and complaint process to be able to identify areas of potential nurse malpractice prior to any violations. Weld and Garmon (2009), identify that using risk management and malpractice concepts, leaders should be able to identify weak areas and improve nursing care and ward off infringements. One legal situation that is fundamental for nurses and nurse leaders to understand is the importance and use of legal guardianship and patient advocates. Patients’ rights can easily be violated when there is misunderstanding regarding the use of these documents. Nurses should also be influential leaders in their organizations by keeping current with laws and regulations for corporate compliance. Nurse leaders should model ethical behaviors that are in line with corporate compliance and encourage their colleagues to maintain these behaviors as well. Douglas (2007) discusses how corporate compliance is tied to moral and ethical behaviors and decisions made by nursing. “Nurse managers encourage their staff to participate in conversations about organizational values, professional codes, and how to obtain support for morally responsible comportment… The more open and supportive a nurse manager is, the more likely staff members will reveal incidences of cheating, stealing, or lying, and the less likely it is that such deception will occur” (Douglas, 2007. P. 17).Nurse leaders are instrumental in the development of organizational and department policies and procedures. Excellent understanding of legal limitations are essential to writing lawful policies of the healthcare organization. In addition, nurse leaders should inform frontline staff of new or updated policies and ensure that the policies and procedures that are in place are implemented and maintained (Richter, Mill, Muller, Kahwa, Etowa, Dawkins, & Hepburn, 2013). Richter, et, al. (2013), discusses nurse leaders role in policy development could be a more global obligation, such as the example of development of Acquired Immune Deficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV) protocols. As the nursing profession continues to expand, legal obligations and laws related to nursing and healthcare practices will also continue to evolve. Leaders should stay abreast on these changes to not only stay informed but to assist in the development, implementation and maintenance of the laws and regulations of nursing practice and licensure.ReferencesAmerican Nurses Association [ANA]. (2009). Nursing: Scope and standards for nurse administrators. Washington, D. C.Douglas, M. (2007). Ethics in practice. Encourage corporate compliance and disclosure. Nursing Management, 38(1), 16-17Grant, P. D., & Ballard, D. C. (2011). Law for nurse leaders: A comprehensive reference. New York: Springer Publishing Co.Richter, M., Mill, J., Muller, C., Kahwa, E., Etowa, J., Dawkins, P., & Hepburn, C. (2013). Nurses' engagement in AIDS policy development. International Nursing Review, 60(1), 52-58. doi:10.1111/j.1466-7657.2012.01010.xWeld, K., & Garmon Bibb, S. (2009). Concept analysis: malpractice and modern-day nursing practice. Nursing Forum, 44(1), 2-10. doi:10.1111/j.1744-6198.2009.00121.x ................
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