Legal liability is a term used to describe the legal responsibility of an individual or organization to pay for any damages or losses that may be incurred as a result of their actions or omissions. Liability can arise from various sources, including negligence, malpractice, breach of contract, or corporate negligence. Nursing administration and nurse manager roles include overseeing nursing staff, departments, and organizations. These roles involve a great deal of responsibility, including supervising other nurses, delegating tasks, compliance with legal regulations, and providing quality patient care. As such, these roles come with many potential legal liabilities.
Nurse administrators and nurse managers are responsible for supervising and overseeing nursing staff; thus, they can be held liable for errors, omissions, or negligence. In addition, they can be held liable for any breach of contract, failure to follow licensure and certification regulations, or corporate negligence. As such, these roles come with many potential legal liabilities. This research paper explores the potential legal liabilities for nurse administrators and nurse managers in healthcare settings and presents strategies for minimizing and avoiding these liabilities.
Joint Potential Legal Liabilities for Nurse Administration and Nurse Managers
Liability for Supervision
The management and administration of nursing facilities both require close supervision as an essential component. As a result, nurse managers and administrators are potentially liable for any errors, omissions, or negligent acts under their supervision (Ginny Wacker Guido, 2019, pp 186). The primary duty of a nurse supervisor is to ensure that all nursing staff members have received sufficient training and possess the necessary skills to carry out their responsibilities. In addition, supervisors are responsible for ensuring that staff members are providing patients with safe and appropriate care.
In negligence or malpractice cases, the nurse supervisor may be held liable if it is determined that they did not provide adequate supervision or did not take appropriate action when a problem was detected. In addition, nurse supervisors may be held liable if they failed to take action when staff members complained of unsafe working conditions or if they allowed staff to work in an unsafe manner.
Delegation
Nurse administrators and managers risk being held liable for errors, omissions, or negligence resulting from delegating tasks to personnel not licensed to perform those tasks. To reduce potential liability risk, nurse administrators and managers are responsible for ensuring that delegated tasks fall within the realm of practice of unlicensed personnel and that personnel have received the appropriate training and are competent to carry out the task in question (Ginny Wacker Guido, 2019 pp 193). In addition, they must ensure that unlicensed staff is supervised and that any tasks delegated to them are appropriately outlined and specified.
Negligence and Malpractice
Nurse administrators and managers can be liable for any negligence or malpractice under their supervision. To minimize potential liability, nurse administrators and managers must ensure that all nursing staff is adequately trained and competent to perform their duties. In addition, they must ensure that standards of care are being met and that appropriate action is taken when a problem is detected.
Breach of Contract
The responsibility for rectifying any breach of contract that may have occurred lies with the supervisors. To reduce the risk of potential liability, nurse administrators and managers must take precautions to ensure that every contract is thoroughly examined and that all parties involved completely grasp and accept all its terms and conditions. In addition, they are responsible for ensuring that any contracts they enter into follow the relevant laws and regulations.
Corporate Negligence
Nurse administrators and managers may be liable for corporate negligence under their supervision. To minimize potential liability, nurse administrators and managers must ensure that all policies and procedures are clearly understood and followed (Ginny Wacker Guido, 2019, pp 199). In addition, they must ensure that all staff is properly trained and that any issues or concerns are addressed promptly.
Failing to Follow Licensure and Certification Regulations
Failure to follow licensure and certification regulations is an administrator’s liability. To minimize potential liability, nurse administrators and managers must ensure that all staff is appropriately credentialed and that any changes in licensure or certification are addressed promptly. In addition, they must ensure that all staff complies with applicable laws and regulations.
Strategies for Minimizing and Avoiding Potential Legal Liabilities
The first and most crucial step in minimizing and avoiding potential legal liabilities is a thorough knowledge and understanding of legal regulations. Nurse administrators and managers should familiarize themselves with applicable laws and regulations and ensure that all staff is trained and knowledgeable about these regulations. In addition, they should stay current on any changes to laws or regulations and ensure they are correctly addressed.
Training and education are other essential strategies for minimizing and avoiding potential legal liabilities. Nurse administrators and managers should ensure that all staff is appropriately trained and competent to perform their duties (Ginny Wacker Guido, 2019, pp 205). In addition, they should ensure that staff is provided with the necessary education and training to perform their duties safely and effectively.
Nurse administrators and managers should ensure that all documentation and recordkeeping is accurate and current. In addition, they should ensure that any changes in staff, policies, or procedures are properly documented. Finally, all staff responsibilities and expectations are clearly defined. This will help ensure that all staff knows their duties and responsibilities and that any issues or concerns are addressed promptly.
Conclusion
Nurse administrators and managers have a great deal of responsibility and a great deal of potential legal liability. To minimize and avoid potential legal liabilities, nurse administrators and managers must have a thorough knowledge and understanding of legal regulations, must provide training and education to all staff, must ensure that all documentation and recordkeeping is accurate and up to date, and must ensure that all staff responsibilities and expectations are clearly defined. Nurse administrators and managers can minimize and avoid potential legal liabilities by following these strategies.
Reference
RN, G.W.G.J. M. (2019). Legal & Ethical Issues in Nursing (7th ed.). Pearson Education (US). https://bookshelf.vitalsource.com/books/9780134714028
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