A nursing checklist of actions to decrease liability notes a number of different ways to help ...

Answer to #1

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The nursing checklist of actions to decrease liability provided a number of suggestions that can be adopted from a risk management standpoint. Some of these actions include: 1) communicate with your patients and keep them informed, 2) maintain ongoing monitoring of the process and outcome of patient care through incident reports, sentinel events, etc., 3) develop physical, mental, and verbal no abuse policies to be followed by all professional and nonprofessional staff, and 4) avoid the use of telephone and verbal orders and if used be sure to repeat the order back to the practitioner to maintain clarity and promote patient safety.

Answer to #2

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Defamation is an intentionally false communication or publication (Black's Law Dictionary, 2005). Other terms that relate to defamation are: slander (verbal communication) and libel (written communication). DNAR refers to a do not attempt resuscitation order on a patient, but is not a term specific to defamation.

Answer to #3

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Criminal law concentrates on the actions of individuals that intentionally do harm to others. Some areas of criminal law that affect nurses and nursing practice include: 1) criminal background checks, 2) prohibition against substance abuse, and 3) reportability of physical abuse. Medicare requirements and eligibility fall under the administrative law category.

Answer to #4

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In the event that you as a nurse are named as a defendant in a malpractice case, it is important to understand some criteria and guidelines when working with attorneys. LaDuke (2002) noted a number of helpful suggestions: 1) keep costs sensible (expenses should be explained up front and sometimes a retaining fee is paid), 2) be attentive (read the documents your attorney provides), 3) set your own course (insist on a collaborative relationship with your attorney for the duration of your case), 4) retain a specialist (professional malpractice, professional disciplinary proceedings, and employment disputes require the expertise of a specialist in those areas), 5) DO notify your insurance carrier as soon as you are aware of a real or potential liability issue, and 6) weed through the writing (your attorney needs to explain all facts and opinions).

Answer to #5

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Some reasons why nurses may consider carrying their own malpractice insurance pertain to an employer's liability coverage that might not protect them if it is found that they acted outside their scope of employment (e.g., NAP who started an IV) or failed to comply with facility policies and procedures. In addition, nurses are being named individually as defendants more frequently, and it would be advantageous for a nurse to be assured of a sound defense independent of the nurse's employer.

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