Nursing is a highly regulated profession that cn be characterized by the quality of nursing documentation. Legal and ethical issues can arise from improper documentation. Documentation is important because it describes how professional nurses are meeting legal and ethical requirements. Two legal and ethical problems that can arise from improper documentation are charges of malpractice and breach of duty. Advanced directives can affect the quality of care given since it is an expression of the patient’s care preferences. These become a concern because individual nurses may be named as malpractice defendants. Accurate nursing documentation decreases the chance of others to misinterpret the care the patient received (Gunn 2010).
In Columbia North Hills Hospital v. Alvarez, the family sued North Hills alleging both vicarious liability and direct liability theories of recovery. During the trial, expert witnesses testified stated that the failure to recognize deteriorating clinical condition and the failure to rescue were…show more content… Nursing management has a duty to ensure that staff members are practicing with competence. Corporate liability doctrines stipulate that the institution are liable for its responsibilities to patients. The negligent hiring and retention doctrine requires institutions to ensure that competent qualified practitioners are hired to provide quality health care services to patients. It is the hospitals obligation to monitor and review staff competency and provide training and education that are needed to competently deliver quality health care. (Guido 2014).. The leader has the responsibility to model the role of the evidence based nurse as well as create a culture and environment that promotes the spirit of inquiry (Gallagher-Ford