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Healthcare Law
The main sources of law include the U.S Constitution, statutory law, private law and case law. Some constitutional provisions that affect the nursing practice include the right to life and privacy. These provisions create the obligation by the nurse to safeguard the life and privacy of patients. The U.S Congress has implemented several statutes that grant individuals the right to receive various healthcare services (Swendiman, 2012). These statutes include the EMTALA law, which requires Medicare-funded healthcare facilities to provide emergency medical care in particular situations. Another statute is the Affordable Care Act (ACA), which gives Americans access to essential medical services. Laws influence the design and implementation of the professional standards that govern the conduct of nurses.
A nurse who violates a legal obligation created by the Constitution, statute or any other source of law can face a criminal prosecution. Nurses should use several strategies to avoid legal problems. First, nurses should educate themselves about the current rules and regulations governing their practice. One tool that nurses can use to attain this goal is the model of professional nursing practice regulation. A nurse can download this model from nursingworld.org. The model includes information such as the standards of practice and code of ethics for nursing. Secondly, nurses should communicate with the patients, caregivers and other healthcare providers to ensure that they implement safe, effective and quality care that responds to the patient’s needs (Black, 2013). Consultation with patients and caregivers reduces the risks of lawsuits due to the violation of patient’s consent and privacy. On the other hand, consultation with other clinicians allows the healthcare provider to clarify his or her assessments and care plans, and reduce the risk of medical errors.
References
Black, B. (2013). Professional nursing: concepts and challenges. St. Louis, MO: Elsevier Health
Sciences.
Swendiman, k. (2012). Health care: Constitutional rights and legislative powers. Retrieved from
