The Intersection of Nursing Practice and Law

As U.S. healthcare professionals, whether we like it or not, our nursing practice is deeply intertwined with the law. We follow standards of care, our care is evidence-based, we are subject to official workplace policies and procedures, and we practice according to State and Federal laws, including the laws that govern our licensure.

However, most nurses I have worked with do not seem to spend much time considering how the law affects our practice on a daily basis. It is just not a topic that comes up every day, in between passing medications and performing nursing assessments. Sure, we were all taught in Nursing School to "protect our license." But with limited time and resources, most nurses are more focused on providing the care that patients require than considering how each action we take or mistake we make could expose us to liability. However, it is vitally important that nurses build an understanding of legal implications in their day-to-day practice.

Nursing requires conscientious practice and understanding of laws that affect it. As a Legal Nurse Consultant, I understand the relationship between healthcare and the law.

Take for example, the case of RaDonda Vaught. Vaught committed a fatal medication area in 2017, while working at Vanderbilt University Medical Center. She bypassed several safeguards and administered the wrong medication to her patient, causing the patient's death. Not only was Vaught's license rescinded, but she was criminally convicted by a jury in 2022 of criminally negligent homicide and gross neglect of an impaired adult and sentenced to three years of supervised probation with judicial diversion (Feeney, 2025).

The case garnered a great degree of interest, not only due to the devasting outcome, the avoidable death of Vaught's patient, but the fact that Vaught was charged criminally. The result has concerned nurses, who worry that the case could set a precedent for criminal charges to be brought in instances of errors made while practicing nursing, instead of being handled by a state's professional licensing agency. Losing a license or being subject to criminal charges are devastating to a nurse, because a nurse's entire livelihood depends on maintaining their license in good standing.

However, Vaught's case also highlights just how essential it is for nurses to practice conscientiously, following all of their employer's policies and procedures, avoiding bypassing system safeguards, continuously updating our knowledge and skills, and asking for help when needed. All of this can be easier said than done, because nurses and their employers are often at odds regarding what constitutes safe staffing and work conditions: the intersection of business interests and patient care is a contentious spot. But we can learn from Vaught's mistakes, while continuing to advocate for our profession and each other, demanding safe staffing ratios, adequate rest between shifts, and working conditions that minimize the effects of stress, burnout, overwork, fatigue and therefore decrease the risk of error.

This case serves as a reminder that nursing is a profession that often places us in life-or-death situations, a profession in which mistakes or even complacency can have very real, very dire consequences. It's a profession that requires caring, yes, but also a level of conscientiousness, responsibility, and in innate drive to perform to the best of one's ability. It requires an awareness of the legal implications of our practice--complete, accurate documentation and adherence to policies and procedures are absolutely essential in our day-to-day practice, and we must meet standards of care. The Vaught case shows that even our mistakes, possibly without malice or outright negligence, can expose us to criminal charges.

The practice and delivery of health care in the United States are intrinsically linked with the law. Relevant laws affect every facet of the care we deliver as professionals, and we receive as patients. Whole areas of law, such as Personal Injury and Medical Malpractice, are dedicated to litigating medically related cases. Insurance companies complicate the delivery of care and create the need for additional laws. If you are a law firm or health care company looking for assistance from a Legal Nurse Consultant with a strong clinical background, varied experience, and a nuanced understanding of the legal implications of healthcare and health, please reach out to me through my website or by emailing kbclinicallegal@gmail.com to further discuss my services.

KB Clinical Legal Solutions offers Legal Nurse Consulting services. kbclinicallegal@gmail.com