Obtaining informed consent.
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Biomedical subjects
Publications and source records attributed to E E Hogue.
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Lack of sufficient staff on a nursing unit is a problem frequently encountered by nurses and nurse managers. Nurses should understand the legal implications of staffing problems and resolve situations in a manner that poses minimal risk to themselves.
As first reported in the September/October 1988 issue of Pediatric Nursing, payors have taken an active role in the process of making discharge decisions in order to save money. Recent court decisions since the landmark Wickline v. The State of California case in 1987 have addressed this issue of shared liability between payors and providers.
A recent Florida court case has clearly signaled that nurses may be increasingly involved in activities that may result in violation of state and federal antitrust laws. Nurses must review their referral practices for patterns similar to the Florida case and modify their practices to reflect the recent court decision.
In Cruzan v. Director, Missouri Department of Health, the U.S. Supreme Court considered for the first time the circumstances under which nutrition and hydration may be withheld from an incompetent. This important decision is described along with possible implications for pediatric nurses.
A common misperception is that nurses must tolerate physical violence and possible injury from patients. It is important for nurses to take action to protect both themselves and other patients.
Who is legally liable for health care treatment decisions--payors or providers? Nurses need to understand the implications of recent court decisions that deal with this question.
Self-referral practices by providers have brought them under increasing criticism and legal actions by outside organizations. Nurses who refer patients should be aware of recent legal developments concerning self-referral practices.
Consent for minors is an issue health care institutions must deal with frequently. Development of a mature minors policy is a worthwhile ethical and legal undertaking for every institution.
With certification of specialty nurses here to stay, nurses and certifying organizations must understand several legal issues associated with the process.
With nurses more frequently involved in lawsuits, understanding how to prepare for depositions is extremely important to the success of a case.
Opportunities exist for nurses in advanced practice to successfully seek third party reimbursement by paying close attention to technical details in existing payment mechanisms. One recent case in Oregon yielded positive results when such an approach was used.
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