Legal Aspects of Gerontological Nursing

Chapter 8
Legal Aspects of Gerontological

Nursing
Older Adults: Legal Issues
• Older Adults may be easy victims of unscrupulous

practices due to:
– The multiple problems faced by older adults.
– A high prevalence of frailty.
– A lack of familiarity with laws and regulations.
Advocacy: An Integral Part of
Gerontological Nursing
• Nurses need to be concerned about protecting the rights
of their elderly patients.
• Nurses must have knowledge of basic laws and ensure
that their practice falls within legally sound boundaries.
Legal Risks Associated with
Gerontological Nursing
• Working in highly independent roles.
• Having responsibility for nonprofessional staff.
• Working with patients with multiple and complex
conditions.
• Giving advice or guidance to patients and families in
difficult situations.
Laws Governing Gerontological Nursing
Practice
• Public Laws: govern relationships between private
parties and the government.
– The scope of nursing practice.
– The requirements for being licensed as a home
health agency.
• Private Laws: involve relationships between individuals
and organizations.
– Involves contracts and torts.
Examples of Torts
• Wrongful acts against another party:

– Assault
– Battery
– False imprisonment
– Invasion of privacy
Factors Increasing Liability for Nurses
• Working without sufficient resources.

• Not checking agency policy or procedure.
• Bending a rule.
• Giving someone a break.
• Taking shortcuts.
• Trying to work when physically or emotionally exhausted.
Malpractice: Conditions That Warrant
Damages
• Duty: a relationship between the nurse and the patient
in which the nurse has assumed responsibility for the
care of the patient.
• Negligence: failure to conform to the standard of care.
• Injury: physical or mental harm to the patient, or
violation of the patient’s rights resulting from the
negligent act.
Consent
• Patients are entitled to know the full implications of

procedures.
• Patients make an independent decision as to whether or
not they choose to have a procedure performed.
• Consent must be obtained before performing any medical
or surgical procedure.
– Performing procedures without consent can be
considered battery.
Procedures Requiring Consent
• Any entry into the body, either by incision or through

natural body openings.
• Any use of anesthesia.
• Use of cobalt or radiation therapy.
• Use of electroshock therapy or experimental procedures.
• Any type of research participation, invasive or not.
• Any procedure, diagnostic, or treatment, that carries
more than a slight risk.
Elements of an Informed Consent Form
• Written description of the procedure and its purpose also

explained by the person performing it.
• List of alternatives to the procedure.
• List of expected consequences and risks.
• Witnessed and dated signature of the patient.
• Consent obtained by the person performing the
procedure.
Competency Issues
• Persons who are mentally incompetent are unable to give

legal consent.
• Often staff will turn to the next of kin to obtain consent
for procedures.
– The appointment of a guardian is the responsibility of
the court.
– Staff should encourage family members to seek legal
guardianship of the patient.
Legal Risks for Nurses
• Permitting unqualified or incompetent persons to deliver

care.
• Failing to follow up on delegated tasks.
• Assigning tasks to staff members for which they are not
qualified or competent.
• Allowing staff to work under conditions with known risks.
Potential Areas of Liability for Nurses
• Administering Medications.
• Using restraints.
• Accepting phone orders.
• Following no-code orders.
• Dealing with end-of-life issues.
• Pronouncing death.
Advance Directives
• Advance directives express the desires of a competent

adult regarding:
– Terminal care
– Life-sustaining measures
– Other acts pertaining to death and dying
Examples of Elder Abuse
• Inflicting pain or injury.

• Stealing or mismanaging funds.
• Misusing medications.
• Causing psychological distress.
• Withholding food or care; or sexually abusing
• Exploiting, or confining a person.
Signs of Elder Abuse
• Delay in seeking necessary medical care

• Malnutrition
• Dehydration
• Skin breaks, bruises
• Poor hygiene and grooming
• Urine odor, urine-stained clothing/linens
• Excoriation or abrasions of genitalia
Signs of Elder Abuse (cont.)
• Inappropriate administration of medications

• Repeated infections, injuries, or preventable
complications from existing diseases
• Elder’s evasivenss in describing condition, symptoms,
problems, and home life
• Unsafe living environment
• Social isolation
• Anxiety, suspiciousness, and depression
Source
• Eliopoulos, C. (2005). Gerontological Nursing, (6th ed.).

Philadelphia: Lippincott, Williams & Wilkins (ISBN 0-
7817-4428-8).

Legal Aspects of Gerontological Nursing

Uploaded by

Copyright:

Available Formats

Legal Aspects of Gerontological Nursing

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Legal Aspects of Gerontological Nursing

Uploaded by

Copyright:

Available Formats

Chapter 8

Legal Aspects of Gerontological

• Older Adults may be easy victims of unscrupulous

• Wrongful acts against another party:

• Working without sufficient resources.

• Patients are entitled to know the full implications of

• Any entry into the body, either by incision or through

• Written description of the procedure and its purpose also

• Persons who are mentally incompetent are unable to give

• Permitting unqualified or incompetent persons to deliver

• Advance directives express the desires of a competent

• Inflicting pain or injury.

• Delay in seeking necessary medical care

• Inappropriate administration of medications

• Eliopoulos, C. (2005). Gerontological Nursing, (6th ed.).

You might also like