International Nurse Must know Nursing Legal Issues-

By:  wwww.SkyBlueCross.org 
It is good career to be nurse in North America , However, To ensure Happy Life, All International Nurses not oinly need to keep professional level updated, but also need know Nursing Legal Issues very well.


As their professional roles expand, nurses are

naturally becoming more vulnerable to the types of

lawsuits that have plagued physicians for years. Malpractice is the legal term for negligence by any

licensed professional. Case law began recognizing

nurses as professionals in the mid-1970s, and has

lately come to see registered nurses as "assertive, decisive healthcare providers,"

according to a 1985 New York appellate court opinion."

[Nurseweek, May, 2000]



With the exception of advanced practice nurses in private practice, and

the ever growing ranks of nurse entrepreneurs, most nurses continue to

function as employees. While it has generally been the accepted practice

of nurses to be covered under the umbrella policy of their employer this gives

rise to potential conflicts of interest and may not be in the best interests

of the nurses.



As nurses increasingly find themselves named as individual defendants in

medical malpractice cases, issues related to legal representation arise.

Hospital nurses covered under the liability policy of their employer find themselves

represented by an attorney whose client is actually the hospital.

The potential for an impermissible conflict of interest is manifest under these

circumstances since the interests of the nurse are often quite different from

those of the hospital.



Separate legal representation is required if the representation of one client

will have an adverse effect on the representation of another. The divided

loyalties of hospital counsel present such a situation. Nurses need personal

counsel to protect their individual interests.



For example, discovery issues, including possible assertions of privilege,

may be very important to the nurse personally but not very important to

the hospital. In addition, situations may arise where the hospital's trial

strategy reflects poorly on an individual nurse who feels strongly that she

was not at fault. Or a nurse may be very interested in settling a claim to

avoid personal exposure while the hospital would prefer to try the case.



As is mentioned above, a physician will often blame the nursing staff for a

medical injury. When the physician is an employee of the hospital or may be

considered an agent whose negligence will be legally imputed to the hospital,

the interests of the nurses are frequently sacrificed.



The mere possibility of divided loyalty should raise the question whether

common representation is permissible. There is little doubt that conflicting

interests among defendants in medical negligence cases are a very real problem.

The nurse's interests would be better protected by personal counsel in nearly every case.



Providing excellent nursing care may not prevent you from being named in a malpractice suit,

but having the sense to carry your own individual professional liability insurance policy will certainly

help relieve worries about adequate representation as well as help protect your best interests!

Source:
http://www.medi-smart.com/