Abstract
Background: Judicial precedents increasingly shape nursing practice, policy, and jurisprudence, yet their implications remain underexamined. Purpose: To discuss emerging case law and unpack how they will shape nursing jurisprudence in the United States. Methods: A structured search of eight legal databases was undertaken focusing on cases with implications for the nursing profession adjudicated from 2021 to 2024. Discussion: Four legal cases (Vaught, Loper, Talevski and Does) were identified. Vaught mandates organizational reforms to prevent errors, including technology safeguards and transparent error reporting. Post-Loper, agencies face challenges defending reimbursement policies or scope-of-practice rules without explicit statutory mandates. Talevski shifts power dynamics, requiring nursing homes to align operations with resident-defined quality metrics. Does affirms state authority to enforce public health mandates, prioritizing communal safety over individual exemptions during crises. Conclusion: The cases underscore a shift toward transparency reflecting a legal landscape increasingly shaped by patient rights, evidence-based mandates, and accountability.
Original language | English |
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Article number | 102427 |
Journal | Nursing Outlook |
Volume | 73 |
Issue number | 3 |
DOIs | |
Publication status | Published - 1 May 2025 |
Keywords
- Healthcare
- Jurisprudence
- Law
- Nursing
ASJC Scopus subject areas
- General Nursing