Nurse Practitioner's Legal Reference

Overview

In today's litigious society, you need to know how the law can protect you as a nurse practitioner -- and how it can hurt you, too. This book guides you step-by-step through the myriad legal issues affecting your profession, offering clear guidelines and proactive measures that will help you make sound decisions in the ever-changing health care arena.

The clear-cut winner, this indispensable new reference provides complete, up-to-date coverage ...

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1st Edition, Fine Clean, tight & bright. No ink names, tears, chips, etc. ISBN 1582550972

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Overview

In today's litigious society, you need to know how the law can protect you as a nurse practitioner -- and how it can hurt you, too. This book guides you step-by-step through the myriad legal issues affecting your profession, offering clear guidelines and proactive measures that will help you make sound decisions in the ever-changing health care arena.

The clear-cut winner, this indispensable new reference provides complete, up-to-date coverage of the legal issues that matter to you most, including:

  • Certification requirements, scope of practice, and standards of care.
  • Prescriptive authority in all 50 states
  • Credentialing, collaborative agreements, and cotnract negotiations
  • Ways to avoid abuse and fraud
  • U.S. Supreme Court rulings on abortion, organ transplantation, confidentiality, informed consent, right to die, euthanasia, and more.

Written by leading nurse attorneys with advice from the top experts in health care law, this reference gives you:

  • Concise solutions to controversial ethical dilemmas, patients' rights issues, and conflicts with colleagues
  • Recommendations on how to respond to a malpractice summons, prepare for interrogatories and depositions, and defend your testimony in a cross-examination
  • Authoritative guidelines for documentation, prescription writing, professional liability coverage, and more.
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Product Details

  • ISBN-13: 9781582550978
  • Publisher: Springhouse Publishing Company
  • Publication date: 3/28/2001
  • Edition number: 1
  • Pages: 384
  • Product dimensions: 6.04 (w) x 9.02 (h) x 0.97 (d)

Table of Contents

Contributors
Foreword
1 Nurse Practitioner Practice and the Law 1
Understanding the NP 1
Regulating NP practice 2
Resolving possible violations 22
Distinguishing NP practice from medical practice 26
Issues currently facing legislative or judicial review 27
2 Legal Risks and Responsibilities on the Job 31
Basic standards 31
Practicing medicine 32
Law and legislation 32
Prescriptive authority 32
Health care facilities 40
Quality care 49
Risk management strategy 53
Patient teaching 56
Caring for a minor 58
Caring for an abused patient 62
Caring for a mentally ill or developmentally disabled patient 68
Caring for a suspected criminal 75
Reimbursement issues and liability 80
3 Legal Issues on the Job 93
Collaborative practice 93
Contracts 100
Rationale for contracts 102
Contract structure 105
Successful negotiation 113
Employee rights 116
4 Legal Risks While Off Duty 122
Legal protection for Good Samaritans 122
Giving free health care advice 127
Donating NP services 130
Acting during a disaster 131
5 Malpractice Liability 134
Understanding malpractice law 136
Understanding statutes of limitation 147
Avoiding malpractice liability 151
Liability insurance 160
Defending yourself in a lawsuit 167
6 Legal Aspects of Documentation 176
Purpose and value of accurate documentation 176
Legal significance of the medical record 177
NP documentation 181
Telephone triage 191
Computerized medical records 195
Legal concerns: the 21st century 197
7 Ethical Decision Making 200
Definitions 200
Ethical theories 201
Law vs. ethics 203
Moral dilemmas 203
Basis of ethical decisions 208
8 Ethical Conflicts in Clinical Practice 213
Right to die 214
Organ transplantation 222
Perinatal ethics 229
AIDS 232
Abortion and reproductive technology 238
Genetic engineering and screening 250
9 Ethical Conflicts in Professional Practice 255
Respecting the patient's autonomy 255
Confidentiality and the right to privacy 259
Whistle-blowing 262
Substance abuse among practitioners 265
10 Patients' Rights 270
Documents upholding patients' rights 271
Informed consent and the law 278
The patient who refuses treatment 286
Patient's right to privacy 295
When the patient demands his records 301
Patient discharge against medical advice 303
When a patient dies 306
11 NPs in a Changing Health Care Marketplace 310
The health care marketplace 310
How changes in health care will affect NPs 317
The role of NPs in shaping health care today 318
Advancing your career 319
Glossary 324
App. A Understanding the Judicial Process 342
App. B Interpreting Legal Citations 344
App. C Types of Law 346
Court case citation index 349
General index 353
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Foreword

Preface

As a nurse practitioner (NP), you play an integral role in the delivery of health care. How you make decisions and deliver that care to your patients is greatly impacted by the ever-changing health care marketplace. More than ever, you are faced with difficult legal and ethical dilemmas that can adversely affect your practice. The challenges that you encounter may raise numerous questions that have important ethical and legal ramifications, for example:

  • Are you entitled by your state nurse practice act to be an independent NP?
  • What do you do if the pharmacist refuses to fill the prescription without a physician's signature?
  • how do you ensure the rights of patients who are HIV-positive or have AIDS?
  • Does having professional liability insurance make you more vulnerable to malpractice lawsuits?

...This handy reference addresses...issues that confront NPs who are new in their role as well as those who have been honing their skills for several years...

Ginny Wacker Guido, RN, MSN, JD; Associate Dean and Director, Graduate Studies, College of Nursing, Univ of North Dakota.

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