The eLearning Center for Gatlin Education Services

• Identify the three different types of legal liability for practicing nurses.
• Differentiate between the Ohio Board of Nursing and the Ohio Nurses Association.
• Define Nursing negligence.
• List four actions that may constitute nursing negligence
• Distinguish between Ohio Nursing Law and Ohio Nursing Regulations
• List four actions that can lead to an Ohio Board of Nursing proceedings against a nursing license

Course Sample:

About the Author
LaTonia Denise Wright, R.N., B.S.N., J.D.
LaTonia Denise Wright, R.N., B.S.N., J.D. is a practicing home health R.N. and attorney. As a solo practitioner her law practice is limited to health law and representing, counseling, and advising licensed healthcare professionals, primarily nurses in workplace (unemployment, employment, and clinical) matters and Board disciplinary investigations in Ohio, Kentucky, and Indiana. Ms. Wright can be reached by email at rnbsnjd@hotmail.com. For additional information see her website at www.nursing-jurisprudence.com.

Introduction
This course will provide nurses with a rudimentary understanding of the types of law and liability facing nurses in the healthcare environment. Healthcare is a heavily regulated industry therefore it is imperative that nurses have a basic understanding of the law and rules governing the practice of nursing and this course will cover the nursing law and rules of the State of Ohio. Keep in mind nurses as citizens are entitled to due process meaning there isn’t automatic finding of liability. Better said, a potential for liability exists until a nurse is found guilty of committing a crime (criminal), formally disciplined by the Board of Nursing (administrative), or a jury or judge enters a finding of liability in a medical malpractice or negligence action (civil). This course should not be construed as legal advice given to a specific person regarding a particular factual scenario. For legal advice, please contact your personal attorney.

Glossary

1. Administrative law is the body of law created by an administrative agency like the Ohio Board of Nursing and includes rules, regulations, and decisions of the agency that are used to carry out the duties of the administrative agency. Administrative liability results from a violation of administrative law.

2. Criminal law describes law(s) that declare what conduct and actions are illegal to prevent harm to society. Criminal liability results from a violation of criminal laws. Laws are sometimes referred to as statutes as well.

3. Civil law refers to laws that pertain to the enforcement of private rights. Examples of civil law include medical malpractice actions, nursing negligence actions, workplace advocacy actions, defamation and libel actions, wrongful discharge actions by former employees against an employer, etc. Civil liability results from a violation of a civil law.

4. Medical Malpractice is a civil action against a physician or hospital that alleged that the physician or hospital engaged in professional misconduct by failing to perform a skill or provide adequate care.

5. Negligence is the failure to perform an act or skill according to acceptable standards.

6. Ohio General Assembly consists of the Ohio House of Representative and Ohio Senate.