Legal aspects of requiring physician orders, changing records, documenting who first assists.
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Biomedical subjects
Publications and source records attributed to E K Murphy.
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Perioperative nurses are concerned about their patients understanding the procedures they will undergo. The legal system agrees that patients have the right to be informed about and consent to surgical procedures; informed consent is a legal right. No state, however, has recognized a formal role for the perioperative nurse in the enforcement of this right. Case law has consistently found that the necessary interchange for informed consent is vested in the patient-physician relationship, and it views broadening this legal responsibility as more disruptive than beneficial. When everyone is responsible, it is more difficult to ensure that someone actually talks to the patient. Present law makes that someone the surgeon. The role of the perioperative nurse includes informing the surgeon if the patient's informed consent has not been documented in accordance with agency policy, documenting having done so, and taking any additional actions required by agency policy. Perioperative nurses who suspect overreaching by surgeons should inform their administrators. The perioperative nurse should not unilaterally get involved in the physician-patient relationship. The patient has sought the services of the surgeon, not the nurse.
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These cases illustrate the need for nurses to closely monitor the various tort reform legislation initiatives in all states. Many tort reform proposals are intended to reduce the liability exposure of physicians and hospitals. In doing so, these proposals may inadvertently increase the nurses' exposure. Nurses must monitor tort reform proposals before they are passed into law because they may cause a disproportionate impact on nurses. Nurses also need to lobby for amendments to existing statutes that do not protect nurses.
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