FNU Finance in Leadership Questions

Read Chapter on Davis Plus: Finance

1-Mention the types of budgets that you know and give examples of then?

2- What is budgeting?

3- What is directed and indirect cost?

4- Give examples of productive and non-productive hours?

5- What does HMO, PPO, POS means?

A) Mention one example of each of then in your city, or state?

6- What is DRGs.?

7- Give some examples of strategies for Cost-conscious nursing practice that your Nursing unit use to lower medical care cost?

Essentials of
Nursing Leadership
and Management
fifth edition
Essentials of
Nursing Leadership
and Management
fifth edition
Diane K. Whitehead, EdD, RN, ANEF
Associate Dean, Nursing
Nova Southeastern University
Fort Lauderdale, Florida
Sally A. Weiss, EdD, RN, CNE
Associate Chair, Nursing
Nova Southeastern University
Fort Lauderdale, Florida
Ruth M. Tappen, EdD, RN, FAAN
Christine E. Lynn Eminent Scholar and Professor
Florida Atlantic University College of Nursing
Boca Raton, Florida
F. A. Davis Company
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Philadelphia, PA 19103
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Copyright © 2010 by F. A. Davis Company
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Library of Congress Cataloging-in-Publication Data
Whitehead, Diane K., 1945Essentials of nursing leadership and management / Diane K. Whitehead, Sally A. Weiss, Ruth M. Tappen. — 5th ed.
p. ; cm.
Includes bibliographical references and index.
ISBN 978-0-8036-2208-1 (pbk. : alk. paper)
1. Nursing services–Administration. 2. Leadership. I. Weiss, Sally A., 1950- II. Tappen, Ruth M. III. Title.
[DNLM: 1. Nursing–United States. 2. Leadership–United States. 3. Nursing–organization & administration-United States. 4. Nursing Services–organization & administration–United States. WY 16 W592e 2010]
RT89.T357 2010
362.1’73068–dc22
2009017339
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Dedication
To my sister Michele:
Your bravery and spirit inspire me every day.
Diane K. Whitehead
To my granddaughter Sydni,
Whose curiosity and wonder continuously remind me
of the reasons I became a nurse educator.
Sally A. Weiss
To students, colleagues, family and friends,
Who have taught me just about everything I know.
Ruth M. Tappen
v
Preface
We are delighted to bring our readers this Fifth Edition of Essentials
of Nursing Leadership and Management. This new edition has been
updated to reflect the current health-care environment. As in our
previous editions, the content, examples, and diagrams were
designed with the goal of assisting the new graduate to make the
transition to professional nursing practice.
The Fifth Edition of Essentials of Nursing Leadership and
Management focuses on the necessary knowledge and skills needed by
the staff nurse as a vital member of the health-care team and manager of patient care. Issues related to setting priorities, delegation, quality improvement, legal parameters of nursing practice, and ethical
issues were updated for this edition.
We are especially excited to introduce a new chapter, Quality and
Safety. This chapter focuses on the current quality and safety issues
and initiatives that affect the current health-care environment. In
addition, the updated finance chapter and a new chapter on healthcare policy will be available on the F.A. Davis Web site, DavisPlus.
We continue to bring you comprehensive, practical information on
developing a nursing career. Updated information on leading, managing, followership, and workplace issues continues to be included.
Essentials of Nursing Leadership and Management continues to
provide a strong foundation for the beginning nurse leader. We want
to thank the people at F.A. Davis for their assistance as well as our
contributors, reviewers, and students for their guidance and support.
Diane K. Whitehead
Sally A. Weiss
Ruth M. Tappen
vii
Contributors
Patricia Bradley, MEd, PhD, RN
Coordinator, Internationally Educated Nurses
Program
Faculty, Nursing Department
York University
Toronto, Ontario, Canada
Kristie Campoe, MSN, RN
Adjunct Faculty
Nursing Department
Nova Southeastern University
Fort Lauderdale, Florida
Patricia Welch Dittman, PhD, RN, CDE
Graduate Program Director/Assistant Professor
Nursing Department
Nova Southeastern University
Fort Lauderdale, Florida
Denise Howard, BSN, RN
Adjunct Faculty
Nursing Department
Nova Southeastern University
Fort Lauderdale, Florida
Marcie Rutherford, PhD, MBA, MSN, RN
Assistant Professor
Nursing Department
Nova Southeastern University
Fort Lauderdale, Florida
Wendy Thomson, EdD(c), MSN, BSBA, RN, CNE, IBCLC
Assistant Director of Technology and
Simulation/Assistant Professor
Nursing Department
Nova Southeastern University
Fort Lauderdale, Florida
ix
Table of Contents
unit 1 Professional Considerations
chapter 1 Leadership and Followership
3
chapter 2 Manager
13
chapter 3 Nursing Practice and the Law
21
chapter 4 Questions of Value and Ethics
39
chapter 5 Organizations, Power, and Empowerment
57
unit 2 Working Within the Organization
chapter 6 Getting People to Work Together
73
chapter 7 Dealing With Problems and Conflicts
91
chapter 8 People and the Process of Change
103
chapter 9 Delegation of Client Care
115
chapter 10 Quality and Safety
131
chapter 11 Time Management
157
unit 3 Professional Issues
chapter 12 Promoting a Healthy Workplace
171
chapter 13 Work-Related Stress and Burnout
197
chapter 14 Your Nursing Career
217
chapter 15 Nursing Yesterday and Today
239
xi
Appendices
appendix 1 Codes of Ethics for Nurses
American Nurses Association Code of Ethics for Nurses
Canadian Nurse Association Code of Ethics for Registered Nurses
The International Council of Nurses Code of Ethics for Nurses
257
257
257
258
appendix 2 Standards Published by the American Nurses Association
259
appendix 3 Guidelines for the Registered Nurse in Giving, Accepting,
or Rejecting a Work Assignment
261
Index
267
Bonus Chapters on DavisPlus
Finance
Triaxial of Action: Policy, Politics, and Nursing
Canadian Nursing Practice and the Law
xii
1
unit
Professional Considerations
chapter 1 Leadership and Followership
chapter 2 Manager
chapter 3 Nursing Practice and the Law
chapter 4 Questions of Values and Ethics
chapter 5 Organizations, Power, and Empowerment
chapter
1
Leadership and Followership
OBJECTIVES
After reading this chapter, the student should be able to:
■ Define the terms leadership and followership.
■ Discuss the importance of effective leadership and
followership for the new nurse.
■ Discuss the qualities and behaviors that contribute to
effective followership.
■ Discuss the qualities and behaviors that contribute to
effective leadership.
OUTLINE
Leadership
Are You Ready to Be a Leader?
Leadership Defined
Followership
Followership Defined
Becoming a Better Follower
What Makes a Person a Leader?
Leadership Theories
Trait Theories
Behavioral Theories
Task Versus Relationship
Motivating Theories
Emotional Intelligence
Situational Theories
Transformational Leadership
Moral Leadership
Qualities of an Effective Leader
Behaviors of an Effective Leader
Conclusion
3
4
unit 1 | Professional Considerations
Nurses work with an extraordinary variety of people:
physicians, respiratory therapists, physical therapists,
social workers, psychologists, technicians, aides, unit
managers, housekeepers, clients, and clients’ families.
The reason why nurses study leadership is to
learn how to work well, or effectively, with other
people. In this chapter, leadership and followership
and the relationships between them are defined.
The characteristics and behaviors that can make
you, a new nurse, an effective leader and follower
are discussed.
Leadership
Are You Ready to Be a Leader?
paying attention to that,” the nurse manager told
her. “I’m so glad you brought it to my attention.”
Billie’s nurse manager raised the issue at the next
executive meeting, giving credit to Billie for having
brought it to her attention. The other nurse managers had the same response. “We were so focused on
the new record system that we overlooked that. We
need to take care of this situation as soon as possible.
Billie Blair Thomas has leadership potential.”
Leadership Defined
Leadership is a much broader concept than is management. Although managers should also be leaders, management is focused on the achievement of
organizational goals. Leadership, on the other hand:
You may be thinking, “I’m just beginning my career
in nursing. How can I be expected to be a leader
now?” This is an important question. You will need
time to refine your clinical skills and learn how to
function in a new environment. But you can begin
to assume some leadership right away within your
new nursing roles. Consider the following example:
…occurs whenever one person attempts to influence
the behavior of an individual or group—up, down,
or sideways in the organization—regardless of the
reason. It may be for personal goals or for the goals
of others, and these goals may or may not be congruent with organizational goals. Leadership is influence (Hersey & Campbell, 2004, p. 12)
Billie Blair Thomas was a new staff nurse at Green
Valley Nursing Care Center. After orientation, she
was assigned to a rehabilitation unit with high
admission and discharge rates. Billie noticed that
admissions and discharges were assigned rather haphazardly. Anyone who was “free” at the moment was
directed to handle them. Sometimes, unlicensed assistant personnel were directed to admit or discharge
residents. Billie believed that using them was inappropriate because their assessment skills were limited
and they had no training in discharge planning.
Billie thought there was a better way to do this
but was not sure that she should say so because she
was so new. “Maybe they’ve already thought of
this,” she said to a former classmate. “It’s such an
obvious solution.” They began to talk about what
they had learned in their leadership course before
graduation. “I just keep hearing our instructor saying, ‘There’s only one manager, but anyone can be a
leader of our group.”
“If you want to be a leader, you have to act on
your idea,” her friend said.
“Maybe I will,” Billie replied.
Billie decided to speak with her nurse manager,
an experienced rehabilitation nurse who seemed
not only approachable but also open to new ideas.
“I have been so busy getting our new record system
on line before the surveyors come that I wasn’t
In order to lead, one must develop three important
competencies: (1) ability to diagnose or understand
the situation you want to influence, (2) adaptation
in order to allow your behaviors and other resources
to close the gap between the current situation and
what you are hoping to achieve, and (3) communication. No matter how much you diagnose or
adapt, if you cannot communicate effectively, you
will probably not meet your goal (Hersey &
Campbell, 2004).
Effective nurse leaders are those who engage
others to work together effectively in pursuit of a
shared goal. Examples of shared goals are providing excellent client care, designing a costsaving procedure, and challenging the ethics of a
new policy.
Followership
Followership and leadership are separate but reciprocal roles. Without followers, one cannot be a
leader; conversely, one cannot be a follower without
a leader (Lyons, 2002).
Being an effective follower is as important to the
new nurse as is being an effective leader. In fact,
most of the time most of us are followers: members
of a team, attendees at a meeting, staff of a nursing
care unit, and so forth.
chapter 1 | Leadership and Followership
Followership Defined
Followership is not a passive role. On the contrary,
the most valuable follower is a skilled, self-directed
employee, one who participates actively in setting
the group’s direction, invests his or her time and
energy in the work of the group, thinks critically,
and advocates for new ideas (Grossman & Valiga,
2000). Imagine working on a client care unit where
all staff members, from the unit secretary to the
assistant nurse manager, willingly take on extra
tasks without being asked (Spreitzer & Quinn,
2001), come back early from coffee breaks, complete their charting on time, suggest ways to
improve client care, and are proud of the high quality care they provide. Wouldn’t it be wonderful to
be a part of that team?
Becoming a Better Follower
There are a number of things you can do to become
a better follower:
If you discover a problem, inform your team
leader or manager right away.
■ Even better, include a suggestion in your report
for solving the problem.
■ Freely invest your interest and energy in your
work.
■ Be supportive of new ideas and new directions
suggested by others.
■ When you disagree, explain why you do not
support an idea or suggestion.
■ Listen carefully, and reflect on what your leader
or manager says.
■ Continue to learn as much as you can about
your specialty area.
■ Share what you learn.
■
Being an effective follower will not only make you
a more valuable employee but will also increase the
meaning and satisfaction that you can get from
your work.
Most team leaders and nurse managers will
respond very positively to having staff who are
good followers. Occasionally you will encounter a
poor leader or manager who can confuse, frustrate,
and even distress you. Here are a few suggestions
for handling this:
Avoid adopting the ineffective behaviors of this
individual.
■ Continue to do your best work and to provide
leadership for the rest of the group.
■
5
If the situation worsens, enlist the support of
others on your team to seek a remedy; do not
try to do this alone as a new graduate.
■ If the situation becomes intolerable, consider the
option of transferring to another unit or seeking
another position (Deutschman, 2005; Korn, 2004).
■
What Makes a Person a Leader?
Leadership Theories
There are many different ideas about how a person
becomes a good leader. Despite years of research on
this subject, no one idea has emerged as the clear
winner. The reason for this may be that different
qualities and behaviors are most important in different situations. In nursing, for example, some situations require quick thinking and fast action. Others
require time to figure out the best solution to a
complicated problem. Different leadership qualities
and behaviors are needed in these two instances.The
result is that there is not yet a single best answer to
the question, “What makes a person a leader?”
Consider some of the best-known leadership
theories and the many qualities and behaviors that
have been identified as those of the effective nurse
leader (Pavitt, 1999; Tappen, 2001).
Trait Theories
At one time or another, you have probably heard
someone say, “Leaders are born, not made.” In other
words, some people are natural leaders, and others
are not. In reality, leadership may come more easily
to some than to others, but everyone can be a
leader, given the necessary knowledge and skill.
Research into the traits of leaders is a continuing
process. A 5-year study of 90 outstanding leaders
by Warren Bennis (1984) identified four common
traits shared by all of these leaders. These traits
continue to hold true:
1. Management of attention. These leaders were
able to communicate a sense of goal or direction
to attract followers.
2. Management of meaning. These leaders created
and communicated meaning with clarity and
purpose.
3. Management of trust. These leaders demonstrated reliability and consistency.
4. Management of self. These leaders were able to
know self and work within their strengths and
weaknesses (Bennis, 1984).
6
unit 1 | Professional Considerations
Behavioral Theories
The behavioral theories are concerned with what
the leader does. One of the most influential theories is concerned with leadership style (White &
Lippitt, 1960) (Table 1-1).
The three styles are:
Autocratic leadership (also called directive, controlling, or authoritarian). The autocratic leader
gives orders and makes decisions for the group.
For example, when a decision needs to be made,
an autocratic leader says, “I’ve decided that this
is the way we’re going to solve our problem.”
Although this is an efficient way to run things,
it usually dampens creativity and may inhibit
motivation.
■ Democratic leadership (also called participative).
Democratic leaders share leadership. Important
plans and decisions are made with the team
(Chrispeels, 2004). Although this is often a less
efficient way to run things, it is more flexible
and usually increases motivation and creativity.
Democratic leadership is characterized by guidance from rather than control by the leader.
■ Laissez-faire leadership (also called permissive or
nondirective). The laissez-faire (“let someone
do”) leader does very little planning or decision
making and fails to encourage others to do so.
It is really a lack of leadership. For example,
when a decision needs to be made, a laissez-faire
leader may postpone making the decision or
never make the decision. In most instances, the
laissez-faire leader leaves people feeling confused and frustrated because there is no goal, no
guidance, and no direction. Some very mature
individuals thrive under laissez-faire leadership
■
because they need little guidance. Most people,
however, flounder under this kind of leadership.
Pavitt summed up the difference among these three
styles: a democratic leader tries to move the group
toward its goals; an autocratic leader tries to move
the group toward the leader’s goals; and a laissezfaire leader makes no attempt to move the group
(1999, pp. 330ff ).
Task Versus Relationship
Another important distinction in leadership style is
between a task focus and a relationship focus
(Blake, Mouton, & Tapper, 1981). Some nurses
emphasize the tasks (e.g., reducing medication
errors, completing patient records) and fail to realize that interpersonal relationships (e.g., attitude of
physicians toward nursing staff, treatment of
housekeeping staff by nurses) affect the morale and
productivity of employees. Other nurses focus on
the interpersonal aspects and ignore the quality of
the job being done as long as people get along with
each other. The most effective leader is able to balance the two, attending to both the task and the
relationship aspects of working together.
Motivating Theories
The concept of motivation seems fairly simple. We
do things to get what we want and avoid things that
we don’t want. However, motivation is still surrounded in mystery. The study of motivation as a
focus of leadership began in the 1920s with the
historic Hawthorne study. Several experiments were
conducted to see if increasing light and, later,
improved working conditions would improve productivity of workers in the Hawthorne, Illinois,
table 1-1
Comparison of Autocratic, Democratic, and Laissez-Faire Leadership Styles
Amount of freedom
Amount of control
Decision making
Leader activity level
Assumption of responsibility
Output of the group
Efficiency
Autocratic
Little freedom
High control
By the leader
High
Leader
High quantity, good
quality
Very efficient
Democratic
Moderate freedom
Moderate control
Leader and group together
High
Shared
Creative, high quality
Laissez-Faire
Much freedom
Little control
By the group or by no one
Minimal
Abdicated
Variable, may be poor quality
Less efficient than
autocratic style
Inefficient
Adapted from White, R.K., & Lippitt, R. (1960). Autocracy and Democracy: An Experimental Inquiry. New York: Harper & Row.
chapter 1 | Leadership and Followership
electrical plant. Those workers who had the
improved working conditions taken away continued
to show improved productivity. Therefore, the
answers were found not in the conditions of the
experiments but in the attention given to the workers by the experimenters. Similar to the 1954
Maslow Hierarchy of Needs theory, the 1959
Motivation-Hygiene theory developed by Frederick
Herzberg looked at factors that motivated workers
in the workplace. Following closely after Herzberg
was David McClelland and his 1961 Theory of
Needs. Clayton Alderfer responded to Maslow’s
theory with his own Existence, Relatedness, and
Growth (ERG) theory. Table 1-2 summarizes these
four historical motivation theories.
Emotional Intelligence
The relationship aspects of leadership are a focus
of the work on emotional intelligence (Goleman,
Boyatzes, & McKee, 2002). Part of what distinguishes ordinary leaders from leadership “stars”
is consciously addressing the effect of people’s
feelings on the team’s emotional reality. How is
this done?
7
First, learn how to recognize and understand
your own emotions, and learn how to manage
them, channel them, stay calm and clear-headed,
and suspend judgment until all the facts are in
when a crisis occurs (Baggett & Baggett, 2005).
The emotionally intelligent leader welcomes constructive criticism, asks for help when needed, can
juggle multiple demands without losing focus, and
can turn problems into opportunities.
Second, the emotionally intelligent leader listens
attentively to others, perceives unspoken concerns,
acknowledges others’ perspectives, and brings people together in an atmosphere of respect, cooperation, collegiality, and helpfulness so they can direct
their energies toward achieving the team’s goals.
“The enthusiastic, caring, and supportive leader
generates those same feelings throughout the
team,” wrote Porter-O’Grady of the emotionally
intelligent leader (2003, p. 109).
Situational Theories
People and leadership situations are far more complex
than the early theories recognized. In addition, situations can change rapidly, requiring more complex
table 1-2
Leading Motivation Theories
Theory
Summary of Motivation Requirements
Maslow, 1954
Categories of Need: Lower needs (below, listed first) must be fulfilled before others are activated.
Physiological
Safety
Belongingness
Esteem
Self-actualization
Alderfer, 1972
Three categories of needs, also ordered into a hierarchy:
1. Existence: Physical well-being
2. Relatedness: Satisfactory relations with others
3. Growth: Development of competence and realization of potential
Herzberg, 1959
Two factors that influence motivation. The absence of hygiene factors can create job dissatisfaction,
but their presence does not motivate or increase satisfaction.
1. Hygiene factors: Company policy, supervision, interpersonal relations, working conditions, salary
2. Motivators: Achievement, recognition, the work itself, responsibility, advancement
McClelland, 1961
Motivation results from three dominant needs. Usually all three needs are present in each individual
but vary in importance depending on the position a person has in the workplace. Needs are also
shaped over time by culture and experience.
1. Need for achievement: Performing tasks on a challenging and high level
2. Need for affiliation: Good relationships with others
3. Need for power: Being in charge
Adapted from Hersey, P. & Campbell, R. (2004). Leadership: A Behavioral Science Approach. Calif.: Leadership Studies Publishing.
8
unit 1 | Professional Considerations
theories to explain leadership (Bennis, Spreitzer, &
Cummings, 2001).
Adaptability is the key to the situational
approach (McNichol, 2000). Instead of assuming
that one particular approach works in all situations,
situational theories recognize the complexity of work
situations and encourage the leader to consider many
factors when deciding what action to take.
Situational theories emphasize the importance
of understanding all the factors that affect a particular group of people in a particular environment.
The most well-known and still practiced theory is
the Situational Leadership Model by Dr. Paul
Hersey. The appeal of this model is that it focuses
on the task and the follower. The key is to marry
the readiness of the follower with the task behavior at hand. “Readiness is defined as the extent to
which a follower demonstrates the ability and willingness to accomplish a specific task” (Hersey &
Campbell, 2004, p. 114). The task behavior is
defined as “the extent to which the leader engages
in spelling out the duties and responsibilities of an
individual and a group” (Hersey & Campbell,
2004, p. 114).
Followers’ readiness levels can range from unable
and unwilling (or insecure) to able, willing, and
confident. The leader’s behavior will focus on appropriately fulfilling the follower’s needs, which are identified by their readiness level and the task. Leader
behaviors will range from telling, guiding, and directing to delegating, observing, and monitoring.
Where did you fall in this model during your first
clinical rotation compared with where you are now?
In the beginning, the clinical instructor was giving
you clear instructions and guiding and directing you.
Now, she or he is most likely delegating, observing,
and monitoring. However, as you move into your
first nursing position, you may return to the guiding
and directing stage. On the other hand, you may
have become a leader/instructor for new students,
and you may be guiding and directing them.
Transformational Leadership
Although the situational theories were an improvement over earlier theories, there was still something
missing. Meaning, inspiration, and vision were
not given enough attention (Tappen, 2001). These
are the distinguishing features of transformational
leadership.
The transformational theory of leadership
emphasizes that people need a sense of mission
that goes beyond good interpersonal relationships
or the appropriate reward for a job well done (Bass
& Avolio, 1993). This is especially true in nursing.
Caring for people, sick or well, is the goal of the
profession. Most people chose nursing in order to
do something for the good of humankind: this is
their vision. One responsibility of leadership is to
help nurses achieve their vision.
Transformational leaders can communicate
their vision in a manner that is so meaningful and
exciting that it reduces negativity (Leach, 2005)
and inspires commitment in the people with whom
they work (Trofino, 1995). If successful, the goals of
the leader and staff will “become fused, creating
unity, wholeness, and a collective purpose” (Barker,
1992, p. 42).
Moral Leadership
The corporate scandals of recent years have redirected attention to the values and ethics that
underlie the practice of leadership as well as that of
client care (Dantley, 2005). Caring about the people who work for you as people as well as employees (Spears & Lawrence, 2004) is part of moral
leadership. This can be a great challenge in times of
limited financial resources.
Molly Benedict was a team leader on the acute
geriatric unit (AGU) when a question of moral
leadership arose. Faced with large budget cuts in
the middle of the year and feeling a little desperate
to f igure out how to run the AGU with fewer
staff, her nurse manager suggested that reducing
the time that unlicensed assistive personnel (UAP)
spent ambulating the clients would enable him to
increase UAP workload from 10 to 15 clients.
“George,” responded Molly, “you know that inactivity has many harmful effects, from emboli to
disorientation in our very elderly population.
Instead, let’s try to figure out how to encourage
more self-care or even family involvement in care
so the UAP can still walk clients and prevent their
becoming nonambulatory.” Molly based her
response on important values, particularly those of
prevention.
Qualities of an Effective Leader
If leadership is seen as the ability to influence, what
qualities must the leader possess in order to be able
to do that? Integrity, courage, attitude, initiative,
energy, optimism, perseverance, balance, ability to
chapter 1 | Leadership and Followership
handle stress, and self-awareness are some of the
qualities of effective leaders in nursing (Fig. 1.1):
Integrity. Integrity is expected of health-care
professionals. Clients, colleagues, and employers
all expect nurses to be honest, law-abiding, and
trustworthy. Adherence to both a code of personal ethics and a code of professional ethics
(Appendix 1, American Nurses Association
Code for Nurses) is expected of every nurse.
Would-be leaders who do not exhibit these
characteristics cannot expect them of their
followers. This is an essential component of
moral leadership.
■ Courage. Sometimes, being a leader means
taking some risks. In the story of Billie Blair
Thomas, for example, Billie needed some
courage to speak to her nurse manager about a
problem she had observed.
■ Attitude. A good attitude goes a long way in
making a good leader. In fact, many outstanding
leaders cite attitude as the single greatest reason
for not hiring someone (Maxwell, 1993, p. 98).
A leader’s attitude is noticed by the followers
more quickly than are the actions.
■ Initiative. Good ideas are not enough. To be a
leader, you must act on those good ideas. This
requires initiative on your part.
■ Energy. Leadership requires energy. Both leadership and followership are hard but satisfying
■
Qualities
Integrity
Perseverance
Courage
Balance
Initiative
Ability to
handle stress
Energy
Optimism
Self-awareness
endeavors that require effort. It is also important
that the energy be used wisely.
■ Optimism. When the work is difficult and one
crisis seems to follow another in rapid succession,
it is easy to become discouraged. It is important
not to let discouragement keep you and your
coworkers from seeking ways to resolve the problems. In fact, the ability to see a problem as an
opportunity is part of the optimism that makes a
person an effective leader. Like energy, optimism
is “catching.” Holman (1995) called this being a
winner instead of a whiner (Table 1-3).
■ Perseverance. Effective leaders do not give up
easily. Instead, they persist, continuing their
efforts when others are tempted to stop trying.
This persistence often pays off.
■ Balance. In the effort to become the best nurses
they can be, people may forget that other aspects
of life are equally important. As important as
clients and colleagues are, family and friends are
important, too. Although school and work are
meaningful activities, cultural, social, recreational,
and spiritual activities also have meaning. People
need to find a balance between work and play.
■ Ability to handle stress. There is some stress in
almost every job. Coping with stress in as positive and healthy a manner as possible helps to
conserve energy and can be a model for others.
Maintaining balance and handling stress are
reviewed in Chapter 10.
■ Self-awareness. How is your emotional intelligence? People who do not understand themselves are limited in their ability to understand
the motivations of others. They are far more
likely to fool themselves than are self-aware people. For example, it is much easier to be fair with
a coworker you like than with one you do not
table 1-3
Winner or Whiner—Which Are You?
Behaviors
Think critically
Solve problems
Communicate
skillfully
Figure 1.1
Set goals, share
vision
Develop self and
others
Keys to effective leadership.
9
A winner says:
“We have a real
challenge here.”
“I’ll give it my best.”
“That’s great!”
“We can do it!”
“Yes!”
A whiner says:
“This is really a problem.”
“Do I have to?”
“That’s nice, I guess.”
“That will never succeed.”
“Maybe….”
Adapted from Holman, L. (1995). Eleven Lessons in Self-leadership:
Insights for Personal and Professional Success. Lexington, Ky.: A Lessons
in Leadership Book.
10
unit 1 | Professional Considerations
like. Recognizing that you like some people more
than others is the first step in avoiding unfair
treatment based on personal likes and dislikes.
Behaviors of an Effective Leader
Leadership requires action. The effective leader
chooses the action carefully. Important leadership
behaviors include setting specific goals, thinking
critically, solving problems, respecting people, communicating skillfully, communicating a vision for
the future, and developing oneself and others.
Setting priorities. Whether planning care for a
group of clients or setting the strategic plan
for an organization, priorities continually
shift and demand attention. As a leader you
will need to remember the three “E’s” of
prioritization: evaluate, eliminate, and estimate. Continually evaluate what you need to
do, eliminate tasks that someone else can do,
and estimate how long your top priorities
will take you to complete.
■ Thinking critically. Critical thinking is the careful, deliberate use of reasoned analysis to reach a
decision about what to believe or what to do
(Feldman, 2002). The essence of critical thinking is a willingness to ask questions and to be
open to new ideas, new ways to do things. To
avoid falling prey to assumptions and biases of
your own and those of others, ask yourself
frequently, “Do I have the information I need?
Is it accurate? Am I prejudging a situation?”
( Jackson, Ignatavicius, & Case, 2004).
■ Solving problems. Client problems, paperwork
problems, staff problems: these and others occur
frequently and need to be solved. The effective
leader helps people to identify problems and to
work through the problem-solving process to
find a reasonable solution.
■ Respecting the individual. Although people
have much in common, each individual has different wants and needs and has had different
life experiences. For example, some people really
value the psychological rewards of helping
others; other people are more concerned about
earning a decent salary. There is nothing wrong
with either of these points of view; they are
simply different. The effective leader recognizes
these differences in people and helps them
find the rewards in their work that mean the
most to them.
■
■
Skillful communication. This includes listening
to others, encouraging exchange of information,
and providing feedback:
1. Listening to others. Listening is separate from
talking with other people: listening emphasizes
that communication involves both giving and
receiving information. The only way to find
out people’s individual wants and needs is to
watch what they do and to listen to what they
say. It is amazing how often leaders fail simply
because they did not listen to what other
people were trying to tell them.
2. Encouraging exchange of information. Many
misunderstandings and mistakes occur because
people fail to share enough information with
each other. The leader’s role is to make sure
that the channels of communication remain
open and that people use them.
3. Providing feedback. Everyone needs some information about the effectiveness of his or her
performance. Frequent feedback, both positive
and negative, is needed so people can continually improve their performance. Some nurse
leaders find it difficult to give negative feedback
because they fear that they will upset the other
person. How else can the person know where
improvement is needed? Negative feedback can
be given in a manner that is neither hurtful nor
resented by the individual receiving it. In fact,
it is often appreciated. Other nurse leaders,
however, fail to give positive feedback, assuming that coworkers will know when they are
doing a good job. This is also a mistake because
everyone appreciates positive feedback. In fact,
for some people, it is the most important
reward they get from their jobs.
Communicating a vision for the future. The
effective leader has a vision for the future.
Communicating this vision to the group and
involving everyone in working toward that
vision create the inspiration that keeps people
going when things become difficult. Even better,
involving people in creating the vision is not
only more satisfying for employees but also has
the potential for the most creative and innovative outcomes (Kerfott, 2000). It is this vision
that helps make work meaningful.
■ Developing oneself and others. Learning does
not end on leaving school. In fact, experienced
nurses say that school is just the beginning, that
■
chapter 1 | Leadership and Followership
school only prepares you to continue learning
throughout your career. As new and better ways
to care for clients are discovered, it is your
responsibility as a professional to critically
analyze these new approaches and decide
whether they would be better for your clients
than current approaches to care. Effective leaders not only continue to learn but also encourage others to do the same. Sometimes, leaders
function as teachers. At other times, their role
is primarily to encourage and guide others
to seek more knowledge. Observant, reflective,
analytical practitioners know that learning
takes place every day if people are open to it
(Kagan, 1999).
11
Conclusion
Leadership ability determines a person’s level of
effectiveness.To be an effective nurse, you must be an
effective leader. Your patients, your peers, and your
organization are depending on you to influence others. Leadership develops daily. True leaders never
stop learning and growing. John Maxwell (1998), one
of America’s experts on leadership, states “who we are
is who we attract” (p. xi). To attract leaders, people
need to start leading and never stop learning to lead.
The key elements of leadership and followership
have been discussed in this chapter. Many of the
leadership qualities and behaviors mentioned here
are discussed in more detail in later chapters.
Study Questions
1. Why is it important for nurses to be good leaders? What qualities have you observed from nurses
on the units that exemplify effective leadership in action? How do you think these behaviors might
have improved the outcomes of their patients?
2. Why are effective followers as important as effective leaders?
3. Review the various leadership theories discussed in the chapter. Which ones might apply to leading
in today’s health-care environment? Support your answer with specific examples.
4. Select an individual whose leadership skills you particularly admire. What are some qualities and
behaviors that this individual displays? How do these relate to the leadership theories discussed in
this chapter? In what ways could you emulate this person?
5. As a new graduate, what leadership and followership skills will you work on developing or enhancing during the first 3 months of your first nursing position? Why?
Case Study to Promote Critical Reasoning
Two new associate-degree graduates were hired for the pediatric unit. Both worked three 12-hour
shifts a week, Jan in the day-to-evening shift and Ronnie at night. Whenever their shifts connected,
they would compare notes on their experience. Jan felt she was learning rapidly, gaining clinical
skills and beginning to feel at ease with her colleagues.
Ronnie, however, still felt unsure of herself and often isolated. “There have been times,” she told
Jan, “that I am the only registered nurse on the unit all night. The aides and LPNs are really experienced, but that’s not enough. I wish I could work with an experienced nurse as you are doing.”
“Ronnie, you are not even finished with your 3-month orientation program,” said Jan. “You
should never be left alone with all these sick children. Neither of us is ready for that kind of
responsibility. And how will you get the experience you need with no experienced nurses to help
you? You must speak to our nurse manager about this.”
“I know I should, but she’s so hard to reach. I’ve called several times, and she’s never available.
She leaves all the shift assignments to her assistant. I’m not sure she even reviews the schedule
before it’s posted.”
12
unit 1 | Professional Considerations
“You will have to try harder to reach her. Maybe you could stay past the end of your shift one
morning and meet with her,” suggested Jan. “If something happens when you are the only nurse on
the unit, you will be held responsible.”
1. In your own words, summarize the problem that Jan and Ronnie are discussing. To what extent is
this problem due to a failure to lead? Who has failed to act?
2. What style of leadership was displayed by Ronnie and the nurse manager? How effective was their
leadership? Did Jan’s leadership differ from that of Ronnie and the nurse manager? In what way?
3. In what ways has Ronnie been an effective follower? In what ways has Ronnie not been so effective
as a follower?
4. If an emergency occurred and was not handled well while Ronnie was the only nurse on the unit,
who would be responsible? Explain why this person or persons would be responsible.
5. If you found yourself in Ronnie’s situation, what steps would you take to resolve the problem? Show
how the leader characteristics and behaviors found in this chapter support your solution to the problem.
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Feldman, D.A. (2002). Critical Thinking: Strategies for Decision
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Goleman, D., Boyatzes, R., & McKee, A. (2002). Primal Leadership:
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Hersey, P. & Campbell, R. (2004). Leadership: A Behavioral Science
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Leadership Book.
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Conversations in Critical Thinking and Clinical Judgement.
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Kagan, S.S. (1999). Leadership Games: Experiential Learning for
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Publications.
Kerfott, K. (2000). Leadership: Creating a shared destiny.
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Leach, L.S. (2005). Nurse executive transformational leadership
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Lyons, M.F. (2002). Leadership and followership. The Physician
Executive, Jan/Feb, 91–93.
Maxwell, J.C. (1993). Developing the Leader Within You. Tenn.:
Thomas Nelson Inc.
Maxwell, J. C. (1998). The 21 Inrrefutable Laws of Leadership.
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McNichol, E. (2000). How to be a model leader. Nursing
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Pavitt, C. (1999). Theorizing about the group communicationleadership relationship. In Frey, L.R. (ed.). The Handbook of
Group Communication Theory and Research. Thousand Oaks,
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Porter-O’Grady, T. (2003). A different age for leadership, Part II.
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Spreitzer, G.M., & Quinn, R.E. (2001). A Company of Leaders: Five
Disciplines for Unleashing the Power in Your Workforce.
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Nursing Management, 26(8), 42–47.
White, R.K., & Lippitt, R. (1960). Autocracy and Democracy:
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chapter
2
Manager
OBJECTIVES
After reading this chapter, the student should be able to:
■ Define the term management.
■ Distinguish scientific management and human relations–based
management.
■ Explain servant leadership.
■ Discuss the qualities and behaviors that contribute to effective
management.
OUTLINE
Management
Are You Ready to Be a Manager?
What Is Management?
Management Theories
Scientific Management
Human Relations–Based Management
Servant Leadership
Qualities of an Effective Manager
Behaviors of an Effective Manager
Interpersonal Activities
Decisional Activities
Informational Activities
Conclusion
13
14
unit 1 | Professional Considerations
Every nurse should be a good leader and a good
follower. Not everyone should be a manager, however. In fact, new graduates simply are not ready to
take on management responsibilities. Once you
have had time to develop your clinical and leadership skills, you can begin to think about taking on
management responsibilities (Table 2-1).
MANAGEMENT
Are You Ready to Be a Manager?
For most new nurses, the answer is no, you should
not accept managerial responsibility. The breadth
and depth of your experience are still undeveloped.
You need to direct your energies to building your
own skills before you begin supervising other people.
What Is Management?
The essence of management is getting work done
through others. The classic definition of management is Henri Fayol’s 1916 list of managerial tasks:
planning, organizing, commanding, coordinating,
and controlling the work of a group of employees
(Wren, 1972). But Mintzberg (1989) argued that
managers really do whatever is needed to make sure
that employees do their work and do it well.
Lombardi (2001) points out that two-thirds of a
manager’s time is spent on people problems. The
rest is taken up by budget work, going to meetings,
preparing reports, and other administrative tasks.
Management Theories
There are two major but opposing schools of
thought in management: scientific management
and the human relations–based approach. As its
name implies, the human-relations approach
emphasizes the interpersonal aspects of managing
people, whereas scientific management emphasizes
the task aspects.
Scientific Management
Almost 100 years ago, Frederick Taylor argued
that most jobs could be done more efficiently if
they were analyzed thoroughly (Lee, 1980; Locke,
1982). With a well-designed task and enough
incentive to get the work done, workers could be
more productive. For example, Taylor promoted
the concept of paying people by the piece instead
of by the hour. In health care, the equivalent
would be by the number of patients bathed or visited at home rather than by the number of hours
worked. This would create an incentive to get the
most work done in the least amount of time.
Taylorism stresses that there is a best way to do a
job. Usually, this is also the fastest way to do the
job (Dantley, 2005).
The work is analyzed to improve efficiency. In
health care, for example, there has been much discussion about the time it takes to bring patients to
radiology or to physical therapy versus bringing the
technician or therapist to the patient. Eliminating
excess staff or increasing the productivity of remaining employees is also based on this kind of thinking.
Nurse managers who use the principles of scientific management will pay particular attention to
the type of assessments and treatments done on the
unit, the equipment needed to do this efficiently,
and the strategies that would facilitate efficient
accomplishment of these tasks. Typically, these
nurse managers keep careful records of the amount
of work accomplished and reward those who
accomplish the most.
Human Relations–Based Management
table 2-1
Differences Between Leadership
and Management
Leadership
Based on influence
and shared meaning
An informal role
An achieved position
Part of every nurse’s
responsibility
Requires initiative and
independent thinking
Management
Based on authority
A formally designated role
As assigned position
Usually responsible for budgets,
hiring, and firing people
Improved by the use of
effective leadership skills
McGregor’s theories X and Y provide a good
example of the difference between scientific management and human relations–based management.
Theory X, said McGregor (1960), reflects a common attitude among managers that most people do
not want to work very hard and that the manager’s
job is to make sure that they do work hard. To
accomplish this, according to Theory X, a manager
needs to employ strict rules, constant supervision,
and the threat of punishment (reprimands, withheld
raises, and threats of job loss) to create industrious,
conscientious workers.
chapter 2 | Manager
Theory Y, which McGregor preferred, is the
opposite viewpoint. Theory Y managers believe
that the work itself can be motivating and that people will work hard if their managers provide a supportive environment. A Theory Y manager emphasizes guidance rather than control, development
rather than close supervision, and reward rather
than punishment (Fig. 2.1). A Theory Y nurse
manager is concerned with keeping employee
morale as high as possible, assuming that satisfied,
motivated employees will do the best work.
Employees’ attitudes, opinions, hopes, and fears
are important to this type of nurse manager.
Considerable effort is expended to work out conflicts and promote mutual understanding to provide an environment in which people can do their
best work.
15
The servant leader–style staff manager believes
that people have value as people, not just as workers
(Spears & Lawrence, 2004).The manager is committed to improving the way each employee is treated at
work. The attitude is “employee first,” not “manager
first.” So the manager sees himself or herself as being
there for the employee. Here is an example:
Hope Marshall is a relatively new staff nurse at
Jefferson County Hospital. When she was invited to
be the staff nurse representative on the search committee for a new vice-president for nursing, she was
very excited about being on a committee with so
many managerial and administrative people. As the
interviews of candidates began, she focused on what
they had to say. They had very impressive résumés
and spoke confidently about their accomplishments.
Hope was impressed but did not yet prefer one over
the other. Then the final candidate spoke to the committee. “My primary job,” he said, “is to make it possible for each nurse to do the very best job he or she
can do. I am here to make their work easier, to
remove barriers, and to provide them with whatever they need to provide the best patient care possible.”
Hope had never heard the term servant leadership,
but she knew immediately that this candidate, who
articulated the essence of servant leadership, was the
one she would support for this important position.
Servant Leadership
The emphasis on people and interpersonal relationships is taken one step further by Greenleaf
(2004), who wrote an essay in 1970 that began the
servant leadership movement. Like transformational leadership, servant leadership has a special
appeal to nurses and other health-care professionals. Despite its name, servant leadership applies
more to people in supervisory or administrative
positions than to people in staff positions.
QUALITIES OF AN EFFECTIVE
MANAGER
THEORY X
Work is something to be avoided
People want to do as little as possible
Use control-supervision-punishment
Two-thirds of people who leave their jobs say the
main reason was an ineffective or incompetent
manager (Hunter, 2004). A survey of 3266 newly
licensed nurses found that lack of support from
their manager was the primary reason for leaving
their position, followed by a stressful work environment as the second reason. Following are some of
the indicators of their stressful work environment:
25% reported at least one needle stick in their
first year.
■ 39% reported at least one strain or sprain.
■ 62% reported experiencing verbal abuse.
■ 25% reported a shortage of supplies needed to
do their work.
■
THEORY Y
The work itself can be motivating
People really want to do their job well
Use guidance-development-reward
Figure 2.1
Theory X versus Theory Y.
These results underscore the importance of having
effective nurse managers who can create an environment in which new nurses thrive (Kovner,
Brewer, Fairchild, et al., 2007)
16
unit 1 | Professional Considerations
The effective nurse manager possesses a combination of qualities: leadership, clinical expertise, and
business sense. None of these alone is enough; it is
the combination that prepares an individual for the
complex task of managing a unit or team of healthcare providers. Consider each of these briefly:
Leadership. All of the people skills of the leader
are essential to the effective manager. They are
skills needed to function as a manager.
■ Clinical expertise. It is very difficult to help
others develop their skills and evaluate how well
they have done so without possessing clinical
expertise oneself. It is probably not necessary
(or even possible) to know everything all other
professionals on the team know, but it is important to be able to assess the effectiveness of their
work in terms of patient outcomes.
■ Business sense. Nurse managers also need to
be concerned with the “bottom line,” with the
cost of providing the care that is given, especially
in comparison with the benefit received
from that care and the funding available to
pay for it, whether from insurance, Medicare,
Medicaid, or out of the patient’s own pocket.
This is a complex task that requires knowledge
of budgeting, staffing, and measurement of
patient outcomes.
Informational
Representing employees
Representing the organization
Public relations monitoring
■
There is some controversy over the amount of
clinical expertise versus business sense that is
needed to be an effective nurse manager. Some
argue that a person can be a “generic” manager,
that the job of managing people is the same no
matter what tasks he or she performs. Others
argue that managers must understand the tasks
themselves, better than anyone else in the work
group. Our position is that equal amounts of clinical skill and business acumen are needed, along
with excellent leadership skills.
BEHAVIORS OF AN EFFECTIVE
MANAGER
Mintzberg (1989) divided a manager’s activities
into three categories: interpersonal, decisional,
and informational. We use these categories and
have added some activities suggested by other
authors (Dunham-Taylor, 1995; Montebello,
1994) and by our own observations of nurse managers (Fig. 2.2).
Interpersonal
Networking
Conflict negotiation and resolution
Employee development and coaching
Rewards and punishment
Decisional
Employee evaluation
Resource allocation
Hiring and firing employees
Planning
Job analysis and redesign
Figure 2.2
Keys to effective management.
Interpersonal Activities
The interpersonal category is one in which leaders
and managers have overlapping concerns. However,
the manager has some additional responsibilities
that are seldom given to leaders. These include the
following:
■
Networking. Nurse managers are in pivotal
positions, especially in inpatient settings where
they have contact with virtually every service of
the institution as well as with most people above
and below them in the organizational hierarchy.
This provides them with many opportunities to
influence the status and treatment of staff nurses
and the quality of the care provided to their
patients. It is important that they “maintain the
line of sight,” or connection, between what they
do as managers, patient care, and the mission
of the organization (Mackoff & Triolo, 2008,
p. 123). In other words, they need to keep in
mind how their interactions with both their
staff members and with administration affects
the care provided to the patients for whom they
are responsible.
chapter 2 | Manager
Conflict negotiation and resolution. Managers
often find themselves resolving conflicts among
employees, patients, and administration. The
ineffective manager either lets people go
unmanaged emotionally or mismanages feelings
in the workplace (Welch & Welch, 2008).
■ Employee development. Providing for the
continuing learning and upgrading of the skills
of employees is a managerial responsibility.
■ Coaching. It is often said that employees are
the organization’s most valuable asset (Shirey,
2007). This is one of the ways in which nurse
managers can share their experience and expertise with the rest of the staff. The goal is to
nurture the growth and development of the
employee (the “coachee”) to do a better job
through learning (McCauley & Van Velson,
2004; Shirey, 2007).
■
Some managers use a directive approach: “This is
how it’s done. Watch me.” or “Let me show you
how to do this.” Others prefer a nondirective
approach: “Let’s try to figure out what’s wrong
here” (Hart & Waisman, 2005). “How do you think
we can improve our outcomes?”
You can probably see the parallel with democratic and autocratic leadership styles described in
Chapter 1. The decision whether to be directive
(e.g., in an emergency) or nondirective (e.g., when
developing a long-term plan to improve infection
control) will depend on the situation.
■
Rewards and punishments. Managers are in a
position to provide specific (e.g., salary increases,
time off ) and general (e.g., praise, recognition)
rewards as well as punishments.
Decisional Activities
Nurse managers are responsible for making many
decisions:
Employee evaluation. Managers are responsible
for conducting formal performance appraisals of
their staff members. Effective managers regularly
tell their staff how well they are doing and where
they need improvement (Welch & Welch, 2008).
■ Resource allocation. In decentralized organizations, nurse managers are often given a set amount
of money to run their units or departments and
must allocate these resources wisely. This can be
difficult when resources are very limited.
■
17
Hiring and firing employees. Nurse managers
decide either independently or participate in employment and termination decisions for their units.
■ Planning for the future. The day-to-day operation of most units is complex and time-consuming, and nurse managers must also look ahead in
order to prepare themselves and their units for
future changes in budgets, organizational priorities, and patient populations. They need to look
beyond the four walls of their own organization to
become aware of what is happening to their competition and to the health-care system (Kelly &
Nadler, 2007).
■ Job analysis and redesign. In a time of extreme
cost sensitivity, nurse managers are often
required to analyze and redesign the work of
their units to make them as efficient as possible.
■
Informational Activities
Nurse managers often find themselves in positions
within the organizational hierarchy in which they
acquire much information that is not available to
their staff. They also have much information about
their staff that is not readily available to the administration, placing them in a strategic position within the information web of any organization. The
effective manager uses this position for the benefit
of both the staff and the organization. The following are some examples:
Spokesperson. Nurse managers often speak for
administration when relaying information to
their staff members. Likewise, they often speak
for staff members when relaying information to
administration. You could think of them as
clearinghouses, acting as gatherers and disseminators of information to people above and below
them in the organizational hierarchy (Shirey,
Ebright, & McDaniel, 2008, p. 126).
■ Monitoring. Nurse managers are also expert
“sensors,” picking up early signs of problems
before they grow too big (Shirey, Ebright, &
McDaniel, 2008). They are expected to monitor the many and various activities of their
units or departments, including the number of
patients seen, average length of stay, infection
rates, fall rates, and so forth. They also monitor
the staff (e.g., absentee rates, tardiness, unproductive time), the budget (e.g., money spent,
money left to spend in comparison with money
■
18
unit 1 | Professional Considerations
table 2-2
Bad Management Styles
These are the types of managers you do not want to be and for whom you do not want to work:
Know-it-all
Self-appointed experts on everything, these managers do not listen to anyone else.
Emotionally remote
Isolated from the staff and the work going on, these managers do not know what is going on in
the workplace and cannot inspire others.
Pure mean
Mean, nasty, dictatorial, these managers look for problems and reasons to criticize.
Overnice
Desperate to please everyone, these managers agree to every idea and request, causing confusion
and spending too much money on useless projects.
Afraid to decide
In the name of fairness, these managers do not distinguish between competent and incompetent,
hard-working and unproductive employees, thus creating an unfair reward system.
Based on Welch, J. & Welch, S. (2007, July 23). Bosses who get it all wrong. BusinessWeek, p. 88.
needed to operate the unit), and the costs of
procedures and services provided, especially
those that are variable such as medical supplies
(Dowless, 2007).
■ Public Relations. Nurse managers share information with their patients, staff members, and
employers. This information may be related to
the results of their monitoring efforts, new
developments in health care, policy changes, and
so forth. Review Table 2-2, “Bad Management
Styles,” to compare what you have just read
about effective nurse managers with descriptions
of some of the most common ineffective
approaches to being a manager.
Conclusion
Nurse managers have complex, responsible positions in health-care organizations. Ineffective managers may do harm to their employees, their
patients, and to the organization, and effective
managers can help their staff members grow and
develop as health-care professionals while providing the highest quality care to their patients.
Study Questions
1. Why should new graduates decline nursing management positions? At what point do you think a
nurse is ready to assume managerial responsibilities?
2. Which theory, scientific management or human relations, do you believe is most useful to nurse
managers? Explain your choice.
3. Compare servant leadership with scientific management. Which approach do you prefer? Why?
4. Describe your ideal nurse manger in terms of the person for whom you would most like to work.
Then describe the worst nurse manager you can imagine, and explain why this person would be
very difficult.
5. List 10 behaviors of nurse managers, then rank them from least to most important. What rationale(s)
did you use in ranking them?
Case Study to Promote Critical Reasoning
Joe Garcia has been an operating room nurse for 5 years. He was often on call on Saturday and
Sunday, but he enjoyed his work and knew that he was good at it.
Joe was called to come in on a busy Saturday afternoon just as his 5-year-old daughter’s birthday
party was about to begin. “Can you find someone else just this once?” he asked the nurse manager
who called him. “I should have let you know in advance that we have an important family event
chapter 2 | Manager
19
today, but I just forgot. If you can’t find someone else, call me back, and I’ll come right in.” Joe’s
manager was furious. “I don’t have time to make a dozen calls. If you knew that you wouldn’t want
to come in today, you should not have accepted on-call duty. We pay you to be on-call, and I expect
you to be here in 30 minutes, not one minute later, or there will be consequences.”
Joe decided that he no longer wanted to work in the institution. With his 5 years of operating
room experience, he quickly found another position in an organization that was more supportive of
its staff.
1. What style of leadership and school of management thought seemed to be preferred by Joe Garcia’s
manager?
2. What style of leadership and school of management were preferred by Joe?
3. Which of the listed qualities of leaders and managers did the nurse manager display? Which
behaviors? Which ones did the nurse manager not display?
4. If you were Joe, what would you have done? If you were the nurse manager, what would you have
done? Why?
5. Who do you think was right, Joe or the nurse manager? Why?
References
Dantley, M.E. (2005). Moral leadership: Shifting the management paradigm. In English, F.W. The Sage Handbook of
Educational Leadership (pp. 34–46). Thousand Oaks, Calif.:
Sage Publications.
Dowless, R.M. (2007). Your guide to costing methods and
terminology. Nursing Management, 38(4), 52–57.
Dunham-Taylor, J. (1995). Identifying the best in nurse executive
leadership. Journal of Nursing Administration, 25(7/8), 24–31.
Greenleaf, R.K. (2004). Who is the servant-leader? In Spears, L.C.,
& Lawrence, M. Practicing Servant-Leadership. New York:
Jossey-Bass.
Hart, L.B., & Waisman, C.S. (2005). The Leadership Training Activity
Book. New York: AMACOM.
Hunter, J.C. (2004). The World’s Most Powerful Leadership Principle.
New York: Crown Business.
Kelly, J., & Nadler, S. (2007, March 3–4). Leading from below.
Wall Street Journal, p. R4.
Kovner, C.T., Brewer, C.S., Fairchild, S., et al. (2007). Newly
licensed RNs’ characteristics, work attitudes, and intentions
to work. American Journal of Nursing, 107(9), 58–70.
Lee, J.A. (1980). The Gold and the Garbage in Management Theories
and Prescriptions. Athens, Ohio: Ohio University Press.
Locke, E.A. (1982). The ideas of Frederick Taylor: An evaluation.
Academy of Management Review, 7(1), 14.
Lombardi, D.N. (2001). Handbook for the New Health Care
Manager. San Francisco: Jossey-Bass/AHA Press.
Mackoff, B.L., & Triolo, P.K. (2008). Why do nurse managers stay?
Building a model engagement. Part I: Dimensions of
engagement. Journal of Nursing Administration, 38(3),
118–124.
McCauley, C.D., & Van Velson, E. (eds.). (2004). The Center for
Creative Leadership Handbook of Leadership Development.
New York: Jossey-Bass.
McGregor, D. (1960). The Human Side of Enterprise. New York:
McGraw-Hill.
Mintzberg, H. (1989). Mintzberg on Management: Inside Our
Strange World of Organizations. New York: Free Press.
Montebello, A. (1994). Work Teams That Work. Minneapolis: Best
Sellers Publishing.
Shirey, M.R. (2007). Competencies and tips for effective leadership. Journal of Nursing Administration, 37(4), 167–170.
Shirey, M.R., Ebright, P.R., & McDaniel, A.M. (2008). Sleepless in
America: Nurse managers cope with stress and complexity.
Journal of Nursing Administration, 38(3), 125–131.
Spears, L.C., & Lawrence, M. (2004). Practicing Servant-Leadership.
New York: Jossey-Bass.
Welch, J., & Welch, S. (2007, July 23). Bosses who get it all
wrong. BusinessWeek, p. 88.
Welch, J., & Welch, S. (2008, July 28). Emotional mismanagement. BusinessWeek, p. 84.
Wren, D.A. (1972). The Evolution of Management Thought.
New York: Ronald Press.
chapter
3
Nursing Practice and the Law
OBJECTIVES
After reading this chapter, the student should be able to:
■ Identify three major sources of laws.
■ Explain the differences between various types of laws.
■ Differentiate between negligence and malpractice.
■ Explain the difference between an intentional and an
unintentional tort.
■ Explain how standards of care are used in determining
negligence and malpractice.
■ Describe how nurse practice acts guide nursing practice.
■ Explain the purpose of licensure.
■ Discuss issues of licensure.
■ Explain the difference between internal standards and
external standards.
■ Discuss advance directives and how they pertain to clients’
rights.
■ Discuss the legal implications of the Health Insurance
Portability and Accountability Act (HIPAA)
OUTLINE
General Principles
Meaning of Law
Sources of Law
The Constitution
Statutes
Administrative Law
Types of Laws
Criminal Law
Civil Law
Tort
Quasi-Intentional Tort
Negligence
Malpractice
Other Laws Relevant to Nursing Practice
Good Samaritan Laws
Confidentiality
Slander and Libel
False Imprisonment
Assault and Battery
Standards of Practice
Use of Standards in Nursing Negligence Malpractice
Actions
Patient’s Bill of Rights
Informed Consent
Staying Out of Court
Prevention
Appropriate Documentation
Common Actions Leading to Malpractice Suits
If a Problem Arises
Professional Liability Insurance
End-of-Life Decisions and the Law
Do Not Resuscitate Orders
Advance Directives
Living Will and Durable Power of Attorney for Health Care (Health-Care Surrogate)
Nursing Implications
Legal Implications of Mandatory Overtime
Licensure
Qualifications for Licensure
Licensure by Examination
NCLEX-RN
Preparing for the NCLEX-RN
Licensure Through Endorsement
Multistate Licensure
Disciplinary Action
Conclusion
21
22
unit 1 | Professional Considerations
The courtroom seemed cold and sterile. Scanning her
surroundings with nervous eyes, Germaine decided
she knew how Alice must have felt when the Queen
of Hearts screamed for her head. The image of the
White Rabbit running through the woods, looking
at his watch, yelling, “I’m late! I’m late!” flashed
before her eyes. For a few moments, she indulged
herself in thoughts of being able to turn back the
clock and rewrite the past. The future certainly
looked grim at that moment. The calling of her
name broke her reverie. Mr. Ellison, the attorney
for the plaintiff, wanted her undivided attention
regarding the fateful day when she committed a
fatal medication error. That day, the client died
following a cardiac arrest because Germaine failed
to check the appropriate dosage and route for the
medication. She had administered 40 mEq of potassium chloride by intravenous push. Her 15 years of
nursing experience meant little to the court. Because
she had not followed hospital protocol and had violated an important standard of practice, Germaine
stood alone. She was being sued for malpractice.
As client advocates, nurses have a responsibility to
deliver safe care to their clients. This expectation
requires that nurses have professional knowledge at
their expected level of practice and be proficient in
technological skills. A working knowledge of the
legal system, client rights, and behaviors that may
result in lawsuits helps nurses to act as client advocates. As long as nurses practice according to established standards of care, they will be able to avoid
the kind of day in court that Germaine experienced.
General Principles
Meaning of Law
The word law has several meanings. For the purposes of this chapter, law means those rules that
prescribe and control social conduct in a formal and
legally binding manner (Bernzweig, 1996). Laws
are created in one of three ways:
1. Statutory laws are created by various legislative
bodies, such as state legislatures or Congress.
Some examples of federal statutes include the
Patient Self-Determination Act of 1990 and
the Americans With Disabilities Act. State
statutes include the state nurse practice acts,
the state boards of nursing, and the Good
Samaritan Act. Laws that govern nursing
practice are statutory laws.
2. Common law develops within the court system
as judicial decisions are made in various cases
and precedents for future cases are set. In this
way, a decision made in one case can affect
decisions made in later cases of a similar nature.
This feature of American law is based on the
English tradition of case law: “judge-made law”
(Black, 2004). Many times a judge in a subsequent case will follow the reasoning of a judge
in a previous case. Therefore, one case sets a
precedent for another.
3. Administrative law is established through the
authority given to government agencies, such
as state boards of nursing, by a legislative body.
These governing boards have the duty to meet
the intent of laws or statutes.
Sources of Law
The Constitution
The U.S. Constitution is the foundation of
American law. The Bill of Rights, comprising the
first 10 amendments to the Constitution, is the
basis for protection of individual rights. These laws
define and limit the power of the government and
protect citizens’ freedom of speech, assembly, religion, and the press and freedom from unwarranted
intrusion by government into personal choices.
State constitutions can expand individual rights but
cannot deprive people of rights guaranteed by the
U.S. Constitution.
Constitutional law evolves. As individuals or
groups bring suit to challenge interpretations of the
Constitution, decisions are made concerning application of the law to that particular event. An example is the protection of freedom of speech. Are
obscenities protected? Can one person threaten or
criticize another person? The freedom to criticize is
protected; threats are not protected. The definition
of what constitutes obscenity is often debated and
has not been fully clarified by the courts.
Statutes
Localities, state legislatures, and the U.S. Congress
create statutes. These can be found in multivolume
sets of books and databases.
At the federal level, conference committees
comprising representatives of both houses of
Congress negotiate the resolution of any differences on wording of a bill before it becomes law. If
the bill does not meet with the approval of the
executive branch of government, the president can
chapter 3 | Nursing Practice and the Law
veto it. If that occurs, the legislative branch must
have enough votes to override the veto or the bill
will not become law.
Nurses have an opportunity to influence the
development of statutory law both as citizens and
as health-care providers. Writing to or meeting
with state legislators or members of Congress is a
way to demonstrate interest in such issues and their
outcomes in terms of the laws passed. Passage of a
new law is often a long process that includes some
compromise of all interested individuals.
Administrative Law
The Department of Health and Human Services,
the Department of Labor, and the Department of
Education are the federal agencies that administer
health-care–related laws. At the state level are
departments of health and mental health and
licensing boards.
Administrative agencies are staffed with professionals who develop the specific rules and regulations
that direct the implementation of statutory law.
These rules must be reasonable and consistent with
existing statutory law and the intent of the legislature.
Usually, the rules go into effect only after review and
comment by affected persons or groups. For example,
specific statutory laws give state nursing boards the
authority to issue and revoke licenses, which means
that each board of nursing has the responsibility to
oversee the professional nurse’s competence.
Types of Laws
Another way to look at the legal system is to divide
it into two categories: criminal law and civil law.
Criminal Law
Criminal laws were developed to protect society
from actions that threaten its existence. Criminal
acts, although directed toward individuals, are considered offenses against the state. The perpetrator
of the act is punished, and the victim receives no
compensation for injury or damages. There are
three categories of criminal law:
1. Felony: the most serious category, including
such acts as homicide, grand larceny, and nurse
practice act violation
2. Misdemeanor: includes lesser offenses such as
traffic violations or shoplifting of a small dollar
amount
23
3. Juvenile: crimes carried out by individuals
younger than 18 years; specific age varies by
state and crime
There are occasions when a nurse breaks a law and
is tried in criminal court. A nurse who distributes
controlled substances illegally, either for personal
use or for the use of others, is violating the law.
Falsification of records of controlled substances is a
criminal action. In some states, altering a patient
record may be a misdemeanor (Northrop & Kelly,
1987). For example:
Nurse V needed to administer a blood transfusion.
Because she was in a hurry, she did not check the
paperwork properly and therefore did not follow the
standard of practice established for blood administration. The client was transfused with incompatible blood, suffered from a transfusion reaction, and
died. Nurse V attempted to conceal her conduct and
falsif ied the records. She was found guilty of
manslaughter (Northrop & Kelly, 1987).
Civil Law
Civil laws usually involve the violation of one person’s rights by another person. Areas of civil law
that particularly affect nurses are tort law, contract
law, antitrust law, employment discrimination, and
labor laws.
Tort
The remainder of this chapter focuses primarily on
tort law. A tort is a legal or civil wrong carried out
by one person against the person or property of
another (Black, 2004). Tort law recognizes that
individuals in their relationships with each other
have a general duty not to harm each other
(Cushing, 1999). For example, as drivers of automobiles, everyone has a duty to drive safely so that
others will not be harmed. A roofer has a duty to
install a roof properly so that it will not collapse
and injure individuals inside the structure. Nurses
have a duty to deliver care in such a manner that
the consumers of care are not harmed. These legal
duties of care may be violated intentionally or
unintentionally.
Quasi-Intentional Tort
A quasi-intentional tort has its basis in speech.These
are voluntary acts that directly cause injury or anguish
without meaning to harm or to cause distress. The
elements of cause and desire are present, but the
24
unit 1 | Professional Considerations
element of intent is missing. Quasi-intentional torts
usually involve problems in communication that
result in damage to a person’s reputation, violation of
personal privacy, or infringement of an individual’s
civil rights. These include defamation of character,
invasion of privacy, and breach of confidentiality
(Aiken, 2004, p. 139).
Negligence
Negligence is the unintentional tort of acting or
failing to act as an ordinary, reasonable, prudent
person, resulting in harm to the person to whom the
duty of care is owed (Black, 2004). The legal elements of negligence consist of duty, breach of duty,
causation, and harm or injury (Cushing, 1999). All
four elements must be present in the determination.
For example, if a nurse administers the wrong medication to a client, but the client is not injured, then
the element of harm has not been met. However, if
a nurse administers appropriate pain medication but
fails to put up the side rails, and the client falls and
breaks a hip, all four elements have been satisfied.
The duty of care is the standard of care. The law
defines standard of care as that which a reasonable,
prudent practitioner with similar education and
experience would do or not do in similar circumstances (Prosser & Keeton, 1984).
Malpractice
Malpractice is the term used for professional negligence. When fulfillment of duties requires specialized education, the term malpractice is used. In
most malpractice suits, the facilities employing the
nurses who cared for a client are named as defendants in the suit. Vicarious liability is the legal
principle cited in these cases. Respondeat superior,
the borrowed servant doctrine, and the captain of
the ship doctrine fall under vicarious liability.
An important principle in understanding negligence is respondeat superior (“let the master
answer”) (Aiken, 2004, p. 279). This doctrine holds
employers liable for any negligence by their
employees when the employees were acting within
the realm of employment and when the alleged
negligent acts happened during employment
(Aiken, 2004).
Consider the following scenario:
A nursing instructor on a clinical unit in a busy
metropolitan hospital instructed his students not to
administer any medications unless he was present.
Marcos, a second-level student, was unable to find his
instructor, so he decided to administer digoxin to his
client without supervision. The dose was 0.125 mg.
The unit dose came as digoxin 0.5 mg/mL. Marcos
administered the entire amount without checking
the digoxin dose or the client’s blood and potassium
levels. The client became toxic, developed a dysrhythmia, and was transferred to the intensive care
unit. The family sued the hospital and the nursing
school for malpractice. The nursing instructor was
also sued under the principle of respondeat superior,
even though specific instructions to the contrary had
been given to the students.
Other Laws Relevant
to Nursing Practice
Good Samaritan Laws
Fear of being sued has often prevented trained
professionals from assisting during an emergency.
To encourage physicians and nurses to respond to
emergencies, many states developed what are now
known as the Good Samaritan laws. When administering emergency care, nurses and physicians are
protected from civil liability by Good Samaritan
laws as long as they behave in the same manner as
an ordinary, reasonable, and prudent professional in
the same or similar circumstances (Prosser &
Keeton, 1984). In other words, when assisting during an emergency, nurses must still observe professional standards of care. However, if a payment is
received for the care given, the Good Samaritan
laws do not hold.
Confidentiality
It is possible for nurses to be involved in lawsuits
other than those involving negligence. For example, clients have the right to confidentiality, and it
is the duty of the professional nurse to ensure this
right. This assures the client that information
obtained by a nurse while providing care will not be
communicated to anyone who does not have a need
to know. This includes giving information by telephone to individuals claiming to be related to a
client, giving information without a client’s signed
release, or removing documents from a health-care
provider with a client’s name or other information.
The Health Insurance Portability and
Accountability Act (HIPAA) of 1996 was passed
as an effort to preserve confidentiality and protect
chapter 3 | Nursing Practice and the Law
the privacy of health information and improve the
portability and continuation of health-care coverage. The HIPAA gave Congress until August 1999
to pass this legislation. Congress failed to act, and
the Department of Health and Human Services
took over developing the appropriate regulations
(Charters, 2003). The latest version of this privacy
act was published in the Federal Register in 2002
(Charters, 2003).
The increased use of electronic sources of documentation and transfer of client information presents many confidentiality issues. It is important for
nurses to be aware of the guidelines protecting the
sharing and transfer of information through electronic sources. Most health-care institutions have
internal procedures to protect client confidentiality.
Take the following example:
Bill was admitted for pneumonia. With Bill’s permission, an HIV test was performed, and the result
was positive. This information was available on the
computerized laboratory result printout. A nurse
inadvertently left the laboratory results on the computer screen that was partially facing the hallway.
One of Bill’s coworkers, who had come to visit him,
saw the report on the screen. This individual reported
the test results to Bill’s supervisor. When Bill
returned to work, he was fired for “poor job performance,” although he had had superior job evaluations. In the process of filing a discrimination suit
against his employer, Bill discovered that the information on his health status had come from this source.
A lawsuit was filed against the hospital and the
nurse involved based on a breach of confidentiality.
Slander and Libel
Slander and libel are categorized as quasi-intentional
torts. Nurses rarely think of themselves as being
guilty of slander or libel. The term slander refers to
the spoken word, and libel refers to the written
word. Making a false statement about a client’s condition that may result in an injury to that client is
considered slander. Making a written false statement is libel. For example, stating that a client who
had blood drawn for drug testing has a substance
abuse problem, when in fact the client does not
carry that diagnosis, could be considered a slanderous statement.
Slander and libel also refer to statements made
about coworkers or other individuals whom you
may encounter in both your professional and
25
educational life. Think before you speak and write.
Sometimes what may appear to be harmless to you,
such as a complaint, may contain statements that
damage another person’s credibility personally and
professionally. Consider this example:
Several nurses on a unit were having difficulty
with the nurse manager. Rather than approach the
manager or follow the chain of command, they
decided to send a written statement to the chief executive officer (CEO) of the hospital. In this letter,
they embellished some of the incidents that occurred
and took statements out of context that the nurse
manager had made, changing the meanings of the
remarks. The nurse manager was called to the
CEO’s office and reprimanded for these events and
statements, which in fact had not occurred. The
nurse manager sued the nurses for slander and libel
based on the premise that her personal and professional reputation had been tainted.
False Imprisonment
False imprisonment is confining an individual
against his or her will by either physical (restraining) or verbal (detaining) means. The following are
examples:
Using restraints on individuals without the
appropriate written consent
■ Restraining mentally handicapped individuals
who do not represent a threat to themselves or
others
■ Detaining unwilling clients in an institution
when they desire to leave
■ Keeping persons who are medically cleared for
discharge for an unreasonable amount of time
■ Removing the clothing of clients to prevent
them from leaving the institution
■ Threatening clients with some form of physical,
emotional, or legal action if they insist on leaving
■
Sometimes clients are a danger to themselves and
to others. Nurses need to decide on the appropriateness of restraints as a protective measure. Nurses
should try to obtain the cooperation of the client
before applying any type of restraints. The first step
is to attempt to identify a reason for the risky
behavior and resolve the problem. If this fails, document the need for restraints, consult with the
physician, and carefully follow the institution’s
policies and standards of practice. Failure to follow
these guidelines may result in greater harm to the
26
unit 1 | Professional Considerations
client and possibly a lawsuit for the staff. Consider
the following:
Mr. Harrison, who is 87 years old, was admitted
through the emergency department with severe
lower abdominal pain of 3 days’ duration. Physical
assessment revealed severe dehydration and acute
distress. A surgeon was called, and an abdominal
laparotomy was performed, revealing a ruptured
appendix. Surgery was successful, and the client was
sent to the intensive care unit for 24 hours. On
transfer to the surgical floor the next day,
Mr. Harrison was in stable condition. Later that
night, he became confused, irritable, and anxious.
He attempted to climb out of bed and pulled out his
indwelling urinary catheter. The nurse restrained
him. The next day, his irritability and confusion
continued. Mr. Harrison’s nurse placed him in a
chair, tying him in and restraining his hands. Three
hours later he was found in cardiopulmonary arrest.
A lawsuit of wrongful death and false imprisonment was brought against the nurse manager, the
nurses caring for Mr. Harrison, and the institution.
During discovery, it was determined that the
primary cause of Mr. Harrison’s behavior was
hypoxemia. A violation of law occurred with the
failure of the nursing staff to notify the physician of
the client’s condition and to follow the institution’s
standard of practice on the use of restraints.
To protect themselves against charges of negligence or false imprisonment in such cases, nurses
should discuss safety needs with clients, their families, or other members of the health-care team.
Careful assessment and documentation of client
status are also imperative; confusion, irritability,
and anxiety often have metabolic causes that need
correction, not restraint.
There are statutes and case laws specific to the
admission of clients to psychiatric institutions. Most
states have guidelines for emergency involuntary
hospitalization for a specific period. Involuntary
admission is considered necessary when clients are a
danger to themselves or others. Specific procedures
must be followed. A determination by a judge or
administrative agency or certification by a specified
number of physicians that a person’s mental health
justifies the person’s detention and treatment may be
required. Once admitted, these clients may not be
restrained unless the guidelines established by state
law and the institution’s policies provide. Clients
who voluntarily admit themselves to psychiatric
institutions are also protected against false imprisonment. Nurses need to find out the policies of their
state and employing institution.
Assault and Battery
Assault is threatening to do harm. Battery is touching another person without his or her consent. The
significance of an assault is in the threat: “If you
don’t stop pushing that call bell, I’ll give you this
injection with the biggest needle I can find” is considered an assaultive statement. Battery would
occur if the injection were given when it was
refused, even if medical personnel deemed it was
for the “client’s good.” With few exceptions, clients
have a right to refuse treatment. Holding down a
violent client against his or her will and injecting a
sedative is battery. Most medical treatments, particularly surgery, would be battery if it were not for
informed consent from the client.
Standards of Practice
Concern for the quality of care is a major part of
nursing’s responsibility to the public. Therefore,
the nursing profession is accountable to the consumer for the quality of its services. One of the
defining characteristics of a profession is the ability to set its own standards. Nursing standards
were established as guidelines for the profession
to ensure acceptable quality of care (Beckman,
1995). Standards of practice are also used as criteria to determine whether appropriate care has been
delivered. In practice, they represent the minimum
acceptable level of care. Nurses are judged on generally accepted standards of practice for their level
of education, experience, position, and specialty
area. Standards take many forms. Some are
written and appear as criteria of professional
organizations, job descriptions, agency policies
and procedures, and textbooks. Others, which may
be intrinsic to the custom of practice, are not
found in writing (Beckman, 1995).
State boards of nursing and professional organizations vary by role and responsibility in relation
to standards of development and implementation
(ANA, 1998; 2004). Statutes, professional organizations, and health-care institutions establish standards of practice. The nurse practice acts of individual states define the boundaries of nursing practice within the state. In Canada, the provincial and
territorial associations define practice.
chapter 3 | Nursing Practice and the Law
The courts have upheld the authority of boards
of nursing to regulate standards. The boards
accomplish this through direct or delegated statutory language (ANA, 1998; 2004). The American
Nurses Association (ANA) also has specific standards of practice in general and in several clinical
areas (see Appendix 2). In Canada, the colleges of
registered nurses and the registered nurses associations of the various provinces and territories have
developed published practice standards. These may
be found at cna-aiic.ca
Institutions develop internal standards of practice.
The standards are usually explained in a specific institutional policy (for example, guidelines for the appropriate administration of a specific chemotherapeutic
agent), and the institution includes these standards in
policy and procedure manuals. The guidelines are
based on current literature and research. It is the
nurse’s responsibility to meet the institution’s standards of practice. It is the institution’s responsibility to
notify the health-care personnel of any changes and
instruct the personnel about the changes. Institutions
may accomplish this task through written memos or
meetings and in-service education.
With the expansion of advanced nursing practice, it has become particularly important to clarify
the legal distinction between nursing and medical
practice. It is important to be aware of the boundaries between these professional domains because
crossing them can result in legal consequences and
disciplinary action. The nurse practice act and
related regulations developed by most state legislatures and state boards of nursing help to clarify
nursing roles at the various levels of practice.
Use of Standards in Nursing Negligence
Malpractice Actions
When omission of prudent care or acts committed
by a nurse or those under his or her supervision
cause harm to a client, standards of nursing practice
are among the elements used to determine whether
malpractice or negligence exists. Other criteria may
include but are not limited to (ANA, 1998):
State, local, or national standards
■ Institutional policies that alter or adhere to the
nursing standards of care
■ Expert opinions on the appropriate standard of
care at the time
■ Available literature and research that substantiates a standard of care or changes in the standard
■
27
Patient’s Bill of Rights
In 1973 the American Hospital Association
approved a statement called the Patient’s Bill of
Rights. These were revised in October 1992. Patient
rights were developed with the belief that hospitals
and health-care institutions would support these
rights with the goal of delivering effective client
care. In 2003 the Patient’s Bill of Rights was
replaced by the Patient Care Partnership. These
standards were derived from the ethical principle of
autonomy. This document may be found at
aha.org/aha/ptcommunication/partnership/index
Informed Consent
Without consent, many of the procedures performed on clients in a health-care setting may be
considered battery or unwarranted touching. When
clients consent to treatment, they give health-care
personnel the right to deliver care and perform specific treatments without fear of prosecution.
Although physicians are responsible for obtaining
informed consent, nurses often find themselves
involved in the process. It is the physician’s responsibility to give information to a client about a
specific treatment or medical intervention (Giese v.
Stice, 1997). The individual institution is not
responsible for obtaining the informed consent
unless (1) the physician or practitioner is employed
by the institution or (2) the institution was aware or
should have been aware of the lack of informed
consent and did not act on this fact (Guido, 2001).
Some institutions require the physician or independent practitioner to obtain his or her own
informed consent by obtaining the client’s signature
at the time the explanation for treatment is given.
The informed consent form should contain all
the possible negative outcomes as well as the positive ones. Nurses may be asked to obtain the signatures on this form. The following are some criteria
to help ensure that a client has given an informed
consent (Guido, 2001; Kozier, Erb, Blais, et al.,
1995):
A mentally competent adult has voluntarily
given the consent.
■ The client understands exactly to what he or she
is consenting.
■ The consent includes the risks involved in the
procedure, alternative treatments that may be
available, and the possible result if the treatment
is refused.
■
28
■
■
unit 1 | Professional Considerations
The consent is written.
A minor’s parent or guardian usually gives
consent for treatment.
Ideally, a nurse should be present when the physician is explaining the treatment to the client.
Before obtaining the client’s signature, the nurse
asks the client to recall exactly what the physician
has told him or her about the treatment. If at any
point the nurse thinks that the client does not
understand the treatment or the expected outcome,
the nurse must notify the physician of this fact.
To be able to give informed consent, the client
must be fully informed fully. Clients have the right
to refuse treatment, and nurses must respect this
right. If a client refuses the recommended treatment, a client must be informed of the possible
consequences of this decision.
Implied consent occurs when consent is
assumed. This may be an issue in an emergency
when an individual is unable to give consent, as in
the following scenario:
An elderly woman is involved in a car accident on
a major highway. The paramedics called to the scene
find her unresponsive and in acute respiratory distress; her vital signs are unstable. The paramedics
immediately intubate her and begin treating her
cardiac dysrhythmias. Because she is unconscious
and unable to give verbal consent, there is an
implied c…

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