Running head: UNDERSTANDING LEGAL ISSUES IN NURSING

Nurse Leaders: Understanding Legal Issues in Nursing

Chelsea C Melrose
Ferris State University

UNDERSTANDING LEGAL ISSUES IN NURSING

Abstract
The following paper will explore various aspects of nursing law that nurse leaders are
accountable to have a basic understanding of. Understanding legal aspects of nursing will help
promote a culture of safety for their patients and staff. The three areas that will be discussed are:
nurse practice acts, corporate liability and risk management. According to Roussel (2013),
leaders must possess a basic understanding of the laws pertaining to health care, abide by the
laws, and make every effort to institute safeguards for the protection of the public, employees,
and of the organization (p 558).

UNDERSTANDING LEGAL ISSUES IN NURSING

Nurse Leaders: Understanding Legal Issues in Nursing

Healthcare is a fast paced, intense career where human error can be the difference
between life and death. Nurse leaders are under pressure to create a work environment and
promote a culture that is safe for not only the patients, but also for the staff. According to
Roussel (2013), leaders must possess a basic understanding of the laws pertaining to health
care, abide by the laws, and make every effort to institute safeguards for the protection of the
public, employees, and of the organization (p 558). The following paper will explore concepts
that nursing leaders are accountable to be aware of and uphold in practice.
Nurse Practice Acts
Nurses at all levels, not just nursing leaders, should have a basic awareness and
understanding of what their states nursing practice act entails. A nurse practice act defines the
scope of nursing practice and contains the legal parameters of practice; each state has its own
(Grant & Ballard, 2011). Each state also has a nursing board that regulates nursing practice by
regulating license and education requirements. When a malpractice suit goes to court, often times
the nurse practice act is looked to for guidance with the case. Nurse practice acts are amended
and changed therefore, it is important for leaders to stay current with issues that could potentially
affect nurses and thus, their work environment. According to Grant and Ballard (2011), As a
result of the changes in health care, it has become increasingly important for nurses to
understand the law and how it affects nursing practice {p 13).
Corporate Liability
As stated previously, nurse leaders are accountable for promoting and maintaining a safe
work environment not only for the patients, but the employees as well. It is also the
responsibility of the healthcare organization to ensure sound management practices, safe
operations, and appropriate behavior of employees (Roussel, 2013). Nursing leaders are expected
to confront and address situations when safety is compromised. This requires leaders to be aware

UNDERSTANDING LEGAL ISSUES IN NURSING

of potential areas of liability: inadequate staffing, floating, chain of command and supervisor
issues (Roussel, 2013).
Risk Management
Risk management is a process that identifies, analyzes and treats potential hazards in a
hospital (Mostafa, 2009). According to Mostafa (2009) risk management in health care is a
structured process for minimizing potential liability to health care providers, avoiding harm to
patients, stabilizing health care providers insurance costs and protecting hospitals from ruinous
financial losses (p 1136). Many hospitals have a risk management department, however the
responsibility doesnt stop there. Nursing leaders should think of risk management as a shared
responsibility. A successful risk management fosters trust and credibility, which means the nurse
leader should not sit in isolation away from everyday operations but should be actively involved
in the functions of the area they manage and work closely with risk management personnel
(Grant & Ballard, 2011). Nurse leaders can be proactive by developing a risk management plan
for their areas, such as implementing an occurrence reporting system.
Conclusion
With more demands for services and the rising costs of healthcare, it is imperative for
nurse leaders to build a culture of safety for their patients and staff. An important part of creating
a safe environment is having an understanding of the laws that surround health care and nursing.
The previous sections only touch on a few of the principles that nursing leaders should be aware
and have a basic understanding of. There is an element of risk of when practicing in health care
today, therefore knowing your states nurse practice act is a great start. Second, having an
understanding of your organizations corporate compliance and liability will help the leader
maintain standards of practice as outlined by their hospitals regulatory organization and identify
potential areas for risk. Last, understanding risk management concepts will allow the nurse
leader to be proactive and prevent potential hazards.

UNDERSTANDING LEGAL ISSUES IN NURSING

UNDERSTANDING LEGAL ISSUES IN NURSING

References
Grant, P., & Ballard, D. (2011). Law for Nurse Leaders. New York, NY: Springer Publishing
Company, LLC.
Mostafa, G. (2009). Enhancing nurses' knowledge and awareness about risk management:
System design. Eastern Mediterranean Health Journal, 15(5), 1135-1144.
Roussel, L. (2013). Management and leadership for nurse administrators (6th ed.). Burlington,
MA: Jones and Barlett Learning.