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Liability issues for occupational health nurses: an overview

F D Ivey, M W Morris

    AAOHN Journal : Official Journal of the American Association of Occupational Health Nurses
    |January 1, 1993
    PubMed
    Summary
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    Occupational health nurses must understand state Nurse Practice Acts to prevent malpractice. Key elements of a malpractice case include duty, breach of duty, causation, and damages.

    Area of Science:

    • Nursing Law
    • Healthcare Liability
    • Professional Ethics

    Background:

    • Occupational health nurses require knowledge of state-specific Nurse Practice Acts.
    • Malpractice litigation against nurses frequently involves negligence.
    • Understanding potential liability for intentional torts is crucial for occupational health nurses.

    Purpose of the Study:

    • To inform occupational health nurses about legal responsibilities.
    • To outline the essential components of a nursing malpractice claim.
    • To emphasize the importance of adhering to the standard of care.

    Main Methods:

    • Review of legal principles governing nursing practice.
    • Analysis of common causes for malpractice suits against nurses.

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  • Identification of elements required to establish a malpractice case.

    • Main Results:

    • Nurse Practice Acts define the scope of nursing practice and legal obligations.
    • Negligence is the most common basis for malpractice suits.
    • Intentional torts, breach of confidentiality, and informed consent issues also pose liability risks.

    Conclusions:

    • Occupational health nurses must be knowledgeable about their state's Nurse Practice Act.
    • Awareness of negligence and intentional torts is vital for mitigating legal risks.
    • Understanding the four elements of malpractice (duty, breach, causation, damages) is essential for professional practice.