Five Legal Issues in Nursing Everyone Needs to Know

• There are many legal issues in nursing to be aware of during one’s nursing practice. 
• Violations of any of these legal issues can result in ramifications as severe as termination of employment, loss of licensure, and even jail time. 
• The five major areas for legal concerns include negligence or malpractice, defamation, patient confidentiality, battery, and mandatory reporting. 

Nursing is an honorable and rewarding profession that allows you to serve humanity.  

However, it has its liability issues and legal pitfalls. You should know the legal considerations when stepping into a professional career. Unaware nurses may have to face significant ramifications.  

You may have studied legal and ethical issues in the nursing profession. But when you are working as a registered nurse in a healthcare setting then it becomes your legal duty to fully comply with the laws.  

You can face serious consequences such as; admonishment and cancellation. Those who are well aware of their legal responsibilities and obligations can better advocate for themselves or on behalf of their patients if a breach occurs.  

While the implications vary widely based on the accusations, nurses may face the following:  

• Loss of trust by patients, colleagues, and employers  
• Unpaid leave from work  
• Demotion  
• Job termination  
• Criminal charges  
• Heavy fines or penalties  
• Jail time  
• Loss of any specialized board credentials and certifications  
• Cancellation of licensure on a temporary or permanent basis  

Five Legal Issues in Nursing

These five legal issues in nursing are liable to registered nurses working in any healthcare setting:

• Negligence or Malpractice  
• Patient confidentiality  
• Defamation  
• Battery   
• Mandatory reporting   

Negligence or Malpractice

As the name shows negligence is referred to;  

• Overlooking or lacking in due care  
• Carelessness  
• Deviation from the set standard of care  

Malpractice and negligence are similar terms that are used interchangeably.  

However, malpractice is a more specific term that only focuses on standards of care. Negligence can sometimes be unintentional but malpractice is considered intentional.  

The law defines it as the “failure of a professional person in accordance with prevailing professional standards or failure to foresee the consequences of their actions.” 

A registered nurse can be liable for negligence and malpractice when their actions result in serious mistakes.  

For example; commitment of a medication error by administering the wrong medication, lack of provider notification, lack of communication, or forgetting to note the patient status. In such scenarios, a nurse can be liable for malpractice allegations.  

Patient Confidentiality

Health Insurance Probability and Accountability Act (HIPAA) 1996, applies to nurses. This act protects patients’ confidential electronic information and allows patients to control their identifiable health information.  

A nurse patient-relationship is one-to-one, which makes a nurse privy to a variety of patient’s health records. According to the Code of Ethics for nurses, a nurse has to maintain the confidentiality and privacy of patients’ electronic data, insurance records, or other health-related records.  

If a nurse fails to protect this information or share it with any unauthorized individual through any platform, then he/she will have to face legal actions.  

Defamation

Defamation is referred to “making some accusatory or false statements”.  

These statements can be libel i.e., written statements or slanders.  

The example; making fun of a colleague, patient, or supervisor on social media, character assassination, or gossiping about false claims that can harm someone’s reputation.   

Battery

Battery is associated with physical harassment or “touching someone without their consent” according to RegisteredNursing.org. 

Nurses should consider when proximity or physical contact with the patient is required. They should always ask permission before further proceeding.  

Patients have the right to deny the help or physical interaction and even the treatment. They can ask for legal activity if one touches them without their proper consent.   

Mandatory Reporting

It’s a nurse’s professional, moral, and legal duty to report abuse, neglect, epidemics, or any other communicable to infectious diseases. 

One should also report if they find any other healthcare provider is performing unsafe or illegal practices.  

Nurses should do everything in the best interest of their patients.  

The Bottom Line

These are some of the legal issues in nursing that one may face during their career. A nurse should stay informed and updated about changing regulations. 

One should know and understand their state nurse practice act so that one can familiarize oneself with the rules. A nurse should uphold the ANA and other professional nursing associations’ code of ethics.  

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