Legal aspects of physical examination in nursing

The performance by nurses and midwives of a physical examination without a doctor’s order depends on the level of formal education and qualifications acquired during postgraduate training. Conducting an examination entails the obligation to obtain prior consent from the subject authorized to give consent, respecting the patient’s right to privacy and dignity, provide the patient or the patient’s legal representative with information about the results of the examination, and document them accurately. A nurse or midwife who, on her own without a doctor’s order, has performed a physical examination, is obliged to provide information about the performance of this examination to the doctor under whose care the patient is, or will be, provided with such care. The purpose of this obligation is to inform the doctor of ongoing changes in the patient’s condition in order to ensure that the patient is cared for at the appropriate level.

Authors

Publication Details

Journal
Studia Iuridica Toruniensia
Published
2025-04-07
DOI
https://doi.org/10.12775/sit.2024.029
Primary Topic
Medical Malpractice and Liability Issues
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal aspects of physical examination in nursing

Monika Sadowska, Agnieszka Bałanda-Bałdyga, Katarzyna Pawlak-Osińska
Studia Iuridica Toruniensia
Medical Malpractice and Liability Issues
article

Legal aspects of physical examination in nursing

Monika Sadowska, Agnieszka Bałanda-Bałdyga, Katarzyna Pawlak-Osińska
article en

Abstract

The performance by nurses and midwives of a physical examination without a doctor’s order depends on the level of formal education and qualifications acquired during postgraduate training. Conducting an examination entails the obligation to obtain prior consent from the subject authorized to give consent, respecting the patient’s right to privacy and dignity, provide the patient or the patient’s legal representative with information about the results of the examination, and document them accurately. A nurse or midwife who, on her own without a doctor’s order, has performed a physical examination, is obliged to provide information about the performance of this examination to the doctor under whose care the patient is, or will be, provided with such care. The purpose of this obligation is to inform the doctor of ongoing changes in the patient’s condition in order to ensure that the patient is cared for at the appropriate level.

Studia Iuridica ToruniensiaVol. 35(2)
Openalex Percentile: Top 88%
Medical Malpractice and Liability Issues
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