The Legal Implications of Acceptance or Refusal of an Assignment
After reviewing the ANA position statement on “Rights of Registered Nurses when Considering a Patient Assignment,” discuss the legal and ethical implications of accepting assignments. When delegating assignments to unlicensed personnel, what considerations need to be considered? What insurance issues come into play? Analyze the legal principle of Respondeat Superior.
Include 3 references
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Introduction:
As a medical professor, it is essential to equip the students with the knowledge of legal and ethical implications of accepting assignments, delegating to unlicensed personnel, and the insurance issues revolving around it. In this answer, we will examine the legal and ethical aspects of accepting assignments and the principle of Respondeat Superior.
Answer:
Accepting a patient assignment is an ethical and legal responsibility of registered nurses. Nurses have the right to accept or refuse an assignment based on their knowledge, skills, and competence. The American Nurses Association (ANA) position statement on “Rights of Registered Nurses when Considering a Patient Assignment” provides a set of guidelines that nurses should consider before accepting an assignment. The legal and ethical implications of accepting an assignment are essential as they protect both the nurse and patient.
Delegating tasks to unlicensed personnel is a common practice, and it is vital to ensure that these personnel are competent to perform these tasks. Nurses are legally responsible for the tasks that they delegate to unlicensed personnel. Therefore, they must ensure that the person is qualified to perform the task and provide adequate supervision.
When delegating assignments to unlicensed personnel, several considerations need to be made. Nurses should evaluate the unlicensed personnel’s competency and provide them with clear instructions and guidelines on how to perform the task. They should also provide supervision to ensure that the task is done correctly.
Insurance issues come into play when a nurse accepts or delegates an assignment. If the nurse accepts an assignment outside of their scope of practice, they could be held liable for medical malpractice. Therefore, liability insurance is essential for registered nurses to protect them from liability if something goes wrong while performing their duties.
The legal principle of Respondeat Superior holds employers responsible for the actions of their employees while they are performing their duties. Therefore, employers must ensure that their employees are competent and provide them with adequate resources to perform their duties.
In conclusion, accepting an assignment is a critical responsibility of registered nurses, and it is essential to consider the legal and ethical implications of accepting the assignment. Delegating to unlicensed personnel requires careful consideration of competency, clear instructions, and adequate supervision. Liability insurance is necessary to protect nurses from liability, and the legal principle of Respondeat Superior is an essential concept for employers to understand.
References:
ANA. (2013). Rights of Registered Nurses When Considering a Patient Assignment. Retrieved from https://www.nursingworld.org/practice-policy/nursing-excellence/official-position-statements/id/rights-of-registered-nurses-when-considering-a-patient-assignment/
Buppert, C. (2015). Nurse Practitioner’s Business Practice and Legal Guide. Jones & Bartlett Publishers.
Staunton, P. J., Vogelsmeier, A. A., & Yakusheva, O. (2019). Nurse staffing and hospital characteristics predicting endorsement of patient care assignments. Journal of nursing administration, 49(6), 312-318.
