LEGAL RESPONSIBILITIES OF THE
NURSE
MANAGER
Dr.Amean A. Yasir
Managers also have some legal responsibility for the quality control of nursing
practice at the unit level, including such duties as reporting
dangerous understaffing,
checking staff credentials and qualifications, and carrying out appropriate
discipline.Austin (2001
a
) reports that healthcare facilities may also be held responsible
for seeing to it that staff members know how to operate equipment safely.
Likewise, standards of care as depicted in policies and procedures may pose a
liability for the nurse if such policies and procedures are not followed. In such
cases, the manager is
responsible for auditing and providing follow
-
up interventions
(or for delegating this aspect of practice to someone else) if the standard of
care is not met. The chain of command in reporting inadequate care by a physician
is another area where management
liability may occur if employees do not learn
and follow proper protocols. Both Austin (2001
b
) and Warlick (2000) feel that
managers have a
responsibility to see that written protocols, policies, and procedures
are followed in order to reduce
liability. A
dditionally, the manager, like all
professional nurses, is responsible for reporting improper or
substandard medical
care, child and elder abuse, and communicable diseases as specified by the Centers
for Disease Control and Prevention.
Individual nurses also may be held liable for
product liability
.When a
product
is involved, negligence does not have to be proved. This strict liability is a somewhat
gray area of
nursing practice. Essentially, strict liability holds that a product
may be
held to a higher level of liability
than a person. In other words, if it
can be proved that the equipment or product had a defect that caused an
injury,
then liability would be debated in cour
t using all the elements essential for negligence,
such as duty
or breach. Therefore, equipment and other products fall
within the scope of nursing responsibility. In
general, if they are aware that
equipment is faulty, nurses have a duty to refuse to use
the equipment. If the
fault in the equipment is not readily apparent, risks are low that the nurse will be
found liable for the results
of its use.
Reference
Foundation for Effective Leadership and Management
,
P.
110
-
UNIT 2