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1. Evaluate the prevalence of nursing mistakes, with legal consequences.
2. Explain common legal pitfalls in nursing practice.
3. Demonstrate the three major areas the plaintiff must prove: existence of duty, breach of duty and injury.
4. Assess documentation samples to avoid litigation and regulatory deficiencies.
5. Distinguish a nurses’ trial appearance and presentation, to contribute beneficially to the case.
6. Anticipate strategies to avoid high risk errors related to falls, wounds, abuse … and more.

Nursing Liability and Negligence

• Nursing standards
• Duties
• Supervision
• Delegation
• Multiple case studies

Nurse Practice Acts

• Changes in scope of practice
• Requirements every nurse must know!
• Reporting abuse/neglect
• Patient abandonment

Common Errors and Claims Staffing

• Assignments
• Rights when floating
• Unsafe staffing

What should you do if you make an error?

• How to document

Should you buy malpractice insurance?

• Does it make you a target?
• Will your employer’s coverage protect you?

Documentation

• The do’s and don’ts of good charting
• Problems with EHRs
• Real charting examples and solutions

Confidentiality

• HIPAA myths
• Nurses fired and prosecuted for breaches in confidentiality and posting online

Informed Consent

• Who has authority to consent?
• Capacity to consent?
• Plus, DNRs, End of life issues, and more

Boards of Nursing

• Most frequent charges against nurses
• Your rights
• When do you need an attorney?
• What can you do to protect your license?
• Case examples

Nurse Whistleblower Protection Laws

Kathleen Martin, RN, MSN, MPA, LNHA, CPHQ, WCC, HACP, has 30 + years of experience in clinical and administrative roles in both hospitals and long-term care/sub-acute facilities. Kathleen owns and operates K Martin Consulting, which focuses on Med-Mal/Legal Nurse/Administration Legal Consulting nationwide for both Defense and Plaintiff interests. As a legal nursing and administration expert, she performs record reviews, develops Affidavits of Merit, reports, assists with case preparation and has extensive deposition and trial experience. For the legal consultant work she performs, Kathleen draws from her past clinical positions, including work as: staff nurse, critical care CNS, Director of Nursing, Licensed Nursing Home Administrator, and Director/VP Quality Management.

Additionally, she remains certified in wound care, quality management, and as an accreditation specialist. Kathleen has published professionally and won the NJ Governor’s Merit Award. She has shared her expertise with nursing students through adjunct teaching roles and with groups of experienced healthcare professionals throughout the country. Her insights related to patient safety, risk management and legal trends in healthcare have been sought after throughout her travels.

Speaker Disclosures:

Financial: Kathleen Martin is an adjunct professor at Grand Canyon University. She receives a speaking honorarium from PESI, Inc.

Non-financial: Kathleen Martin is a member of the Wound Care Ostomy Society; the American Professional Wound Care Association; and the American Association of Wound Care Professionals.

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CE Information Coming Soon
Continuing education credit information is coming soon for this non-interactive self-study package.

CEs may be available for select professions, as listed in the target audience. Hours will be dependent on the actual recording time. Please check with your state licensing board or organization for specific requirements.

There may be an additional fee for CE certificates. Please contact our Customer Service at 1-800-844-8260 for more details.

**Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of mental health professionals. As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your professions standards.

All members of the PESI, Inc. planning committee have provided disclosures of financial relationships with ineligible organizations and any relevant non-financial relationships prior to planning content for this activity. None of the committee members had relevant financial relationships with ineligible companies or other potentially biasing relationships to disclose to learners. For speaker disclosures, please see the faculty biography.

• Nurses
• Advanced Practice Nurses
• Legal Nurse Consultants
• Risk Management