Professional Documents
Culture Documents
Legal Issue
Legal Issue
Faculty Of Nursing
Ethics
Clinical Alert
Students do not practice on their instructor's or another nurse's license. Each nurse
and nursing student is responsible and accountable for providing safe client care.
Nursing students are not considered employees of the agencies in which they
receive clinical experience because these nursing programs contract with agencies
to provide clinical experiences for students. In cases of negligence involving such
students, the hospital or agency (e.g., public health agency) and the educational
institution will be held potentially liable for negligent actions by students. Some
nursing schools require students to carry individual professional liability insurance.
Nursing students need to be aware that most state boards of nursing require a
reporting of prior criminal history when
applying for licensure. A person with past felony and some misdemeanor offenses
may be denied licensure even though that individual graduated from an approved
nursing program. Nursing students who are unsure of their personal situation are
advised to contact their state board of nursing for more information. Students in
clinical situations must be assigned learning experiences within their capabilities
and be given reasonable guidance and supervision. Nursing instructors are
responsible for assigning students to the care of clients and for providing
reasonable supervision. Failure to provide reasonable supervision or the
assignment of a client to a student who is not prepared and competent can be a
basis for liability.
Students who work as part-time or temporary nursing assistants or aides must also
remember that legally they can perform only those tasks that appear in the job
description of a nurse's aide or assistant. Even though a student may have received
instruction and acquired competence in administering injections or suctioning a
tracheostomy tube, the student cannot legally perform these tasks while employed
as an aide or assistant. While acting as a paid employee, the student is covered for
negligent acts by the employer, not the school of nursing.
PRACTICE GUIDELINES Legal Protection for Nurses
• Function within the scope of your education, job description, and nurse practice
act.
• Follow the procedures and policies of the employing agency.
• Build and maintain good rapport with clients.
• Always check the identity of a client to make sure it is the right client.
• Observe and monitor the client accurately. Communicate and record significant
changes in the client's condition to the physician.
• Promptly and accurately document all assessments and care given.
• Be alert when implementing nursing interventions and give each task your full
attention and skill.
• Perform procedures correctly and appropriately.
• Make sure the correct medications are given in the correct dose, by the right
route, at the scheduled time, and to the right client.
• When delegating nursing responsibilities, make sure that the person who is
delegated a task understands what to do and that the person has the required
knowledge and skill.
• Protect clients from injury.
• Report all incidents involving clients.
• Always check any order that a client question.
• Know your own strengths and weaknesses. Ask for assistance and supervision in
situations for which you feel inadequately prepared.
• Maintain your clinical competence. For students, this demands study and practice
before caring for clients. For graduate nurses, it means continued study to maintain
and update clinical knowledge and skills.
References