Patients rely on nurses not just for medical treatment, but for their safety and general well-being. Nurses have big responsibilities. Both law and professional ethics outline the high standards nurses must maintain in performing their duties. When nurses don't live up to their responsibilities, there can be legal consequences. These vary based on the laws violated and the severity of a nurse's actions. In all cases, state boards of nursing take the lead in disciplining nurses.
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State boards of nursing take incidents of wrongdoing very seriously. When a patient, family member or another health care professional files a compliant against a nurse, state boards conduct investigations. If investigation shows that a nurse violated either law or ethics, a nursing board will take action against a nurse's license. This can involve imposing limitations such as requiring a nurse to work under the supervision of another nurse or not being allowed to handle controlled substances. Serious incidents are likely to lead to suspension or revocation of a nurse's license. If a nurse is known to have licenses in other states, nursing boards will alert the others about the incident and action.
Medical facilities and clinics have policies about what happens when nurses violate law and their professional responsibilities. Nurses can lose their jobs if a facility or nursing board investigation determines wrongdoing. They also terminate based on criminal convictions. In some cases, a medical facility may terminate a nurse who sustains a drug conviction, even if it's not work related. Many facilities feel that because nurses handle narcotics and other controlled substances, drug offences cannot be tolerated. Their human resources policies usually reflect this.
Most violations of nursing regulations don't come with criminal penalties. Still, there are actions a nurse can take that are criminal. Patient abuse, theft of controlled substances, kidnapping and purposeful overdosing of patients as "mercy killing" are all things nurses have done that result in criminal prosecution. Intentional sale and distribution of patient information and Medicare billing fraud can result in federal prosecution.
Patients and their families can hold nurses accountable through civil law. Nurses are liable for malpractice, abuse and neglect. Irrespective of criminal prosecution and its results, patients and their families can seek damages for harm or wrongful death caused by a nurse. In many states, the law allows plaintiffs to file suit against individual clinicians in addition to their medical facilities.
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- American Nurses Association: Legal Basics for Professional Nursing; Mabel H. Smith
- Washington Department of Health: State Disciplines Healthcare Provider, February 2, 2010
- Oregon State Board of Nursing: Disciplinary Actions Taken in February 2011
- Abramson, Brown and Dugan; The Law of Nursing Malpractice; Mark A. Abramson et al.
- University of Washington: UW/WSNA UWMC Nurisng Contract - Article 17 - Corrective Action