Legal Aspects of Nursing Practice

Running head: HEALTHCARE ASSIGNMENT
HEALTHCARE ASSIGNMENT
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Introduction:
The Standards of Professional Nursing Practice form the ethical standards of the
nursing profession. Nursing professionals are expected to comply with the ethical standards
so as to exhibit competency in their scope of practice. In this regard, it should be mentioned
that the professional standards are dynamic and subject to change with the evolution of the
nursing profession. Also, the application of the standards of practice might change based on a
critical clinical circumstance. Nurses irrespective of their speciality practice must be
stringently aware of the ethical standards so as to deliver positive care delivery to the
patients. As stated by Nursingcenter.com (2019), the legal implication of nursing practice
affects the quality of the care provided to the patients. The legal aspects play a significant
role in shaping the care environment and determining the manner in which patient data is
stored or disseminated to a third party. Therefore, it can be mentioned that the quality of the
nursing care provided by the nurses is dependent upon the legal standards of the nursing
practice. According to Zahedi et al. (2013), the standards of the nursing profession serves as a
guideline or a handy legal document that directs the manner in which care is expected to be
delivered to the patients. It is important to note here that the standards of practice are not
drafted by an autonomous institution or an authority but is a collective outcome of the
minimal set of proficiency required for a care professional to practice within a care
environment. In addition to this, federal as well as state laws impact nursing practice to a
significant extent. The healthcare industry forms the most regulated sector of commerce
which is directly influenced by the federal and state legislations. Also, certain legislations are
also imposed by government sponsored programs as well as private programs. Taking into
consideration the possibility of criminal as well as civil liabilities and sanctions within the
healthcare system, Nurses must be stringently aware of the current legislations and laws with

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regard to patient care. This paper intends to throw light on the legal standard of care for the
nurses and discuss its implication on nursing practice.
Background:
History of nursing practice suggests that a decade ago Nurses were not treated as
professionals who deliver care but were treated as ordinary civilians. Also, the progress notes
were not treated as a part of authentic medical record (Burkhardt and Nathaniel 2013).
However, the profession has evolved over time and is now accepted as a healthcare
specialization. Nursing at present times is equipped with higher education and advanced
technology that has subsequently changed the standard of practice. In this regard, it should
be mentioned that the standard of care can be treated as a legal document that covers the
ethics related to the scope of practice. In particular, the defined competencies elaborate the
manner in which Nurses are expected to care for patients under special clinical scenarios.
Malpractice:
The year 1975, marks the year of the landmark judgement when Nurses were
recognised as professionals who were worthy to be protected under the protection law
(Zahedi et al. 2013). Negligence claims against nursing professionals since the year 1975
were treated as malpractice (Burkhardt and Nathaniel 2013). Nurses were recognized as
specialized care professionals who rendered treatment on the basis of nursing practice. Also,
the physician’s opinion with regard to nurses were ruled out because it was affirmed that the
nursing professionals are a separate body of care professionals who have their special set of
education, skills and training.

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Protection Status:
Nursing professionals are protected in each states under statues that direct the ‘statue
of limitation’ (Govinfo.gov 2019). The statue of limitation can be defined as the time period
after the injury has taken place and the injured party might register her claim. Now,
considering a case where the nurse is subjected to ordinary negligence, the statue of
limitation could be significantly extended. In general the time period lasts up to 2 years since
the date of the medical accident (Jimenez-Herrera and Axelsson 2015). However, the period
could be extended in cases of deaths and wrong paediatric treatment. It should also be noted
that the statues of limitations vary from one state to another. Nurses are typically protected by
legislations and the decision related to justice rests with nurses who have experienced similar
situation with a similar kind of patient. However, with the advancement of the nursing
practice, there is a shift from the national standard of care towards advanced nursing practice.
Nursing Standard of Care in legal context:
The legal aspect of the nursing standard of care is exclusive of the public health codes
or the state legislations. The guidelines of a healthcare institution determine the specifications
of the standard of care. Also, nursing professionals possess a general understanding about the
nursing knowledge that that of physicians. Therefore, it is feasible to consider the testimony
from a nursing professional who practices similar circumstances. For instance, considering
the case of a wound care nurse the standard of care must be equivalent to that of an ordinary
nurse practitioner who practices in the area of wound and has delivered to a patient in the
similar condition or under similar circumstances. However, the legal implication differs in
case of nurses who are certified by national associations of nursing education.