APRN Legal Risks

Credit

Speaker

Kristene Diggins, DNP, JD, CNE, FAANP, MBA Related seminars and products

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Kristene Diggins, DNP, JD, CNE, FAANP, MBA, is a nationally recognized nurse practitioner, healthcare law scholar, and educator whose career bridges advanced clinical practice, regulatory compliance, and national NP leadership. Licensed across ten states, Dr. Diggins has extensive clinical experience in primary care, family practice, geriatrics, urgent care, palliative medicine, behavioral health, telehealth, and hospice.

She currently serves as a clinical trials sub-investigator for CVS MinuteClinic and has led multi-state clinical initiatives and directed national behavioral health programs throughout her career. As an adjunct faculty member, she has trained thousands of NPs through academic appointments and fellowship development.

Dr. Diggins holds the Certified Nurse Educator (CNE) credential and is an inducted Fellow of the American Association of Nurse Practitioners (AANP), one of the profession's highest honors. She was recently elected to the AANP Selections Committee for Fellows, reflecting her continued leadership within the organization.

Widely published, Dr. Diggins serves as an editor and reviewer for major NP journals and has contributed to national policy, scope-of-practice advocacy, and health equity initiatives.
Dr. Diggins holds a Doctor of Nursing Practice (DNP), a Juris Doctor (JD), and a Master of Business Administration (MBA), a combination that uniquely positions her as an authoritative voice on malpractice prevention, documentation standards, and legal risk management in modern NP practice.

Speaker Disclosures:
Financial: Kristene Diggins has employment relationships with United Healthcare, SteadyMD, and Chamberlain University. She receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.
Non-financial: Kristene Diggins serves on the AANP Fellows Selection Committee, serves as the AANP National Convenient Care Co‑ Chair, and works as an ANCC Pathway to Excellence Appraiser. She is a fellow of American Academy of Nurse Practitioners.

Additional Info

You will have access for 90 days after the program for review. For live CE credit, you must watch the live webcast in its entirety at its scheduled time and complete the CE quiz and evaluation within one week. Please note that this requirement may vary by credit type. Please see detailed credit information for specific requirements for each credit type.

Please note: There will be a 70-minute lunch and two 15-minute breaks; one in the morning and one in the afternoon. Lunch and break times will be announced by the speaker and at their discretion. A more detailed schedule is available upon request.

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Objectives

1. Evaluate the legal and regulatory risks most likely to affect APRN practice, and apply targeted risk-reduction strategies to real-world clinical decisions.
2. Analyze the clinical and documentation factors most often linked to malpractice claims, including diagnostic errors, medication-related events, and inadequate follow-up.
3. Determine when consultation, referral, or escalation of care is warranted based on patient complexity, scope of practice, and clinical competency.
4. 4 Formulate documentation and communication strategies that support clinical reasoning, informed consent, and defensible decision-making.
5. Integrate HIPAA, confidentiality, and patient-autonomy principles into electronic health records, telehealth, social media, and everyday patient care.
6. Apply legal and pharmacologic principles to medication management, including controlled-substance prescribing, high-risk medications, and diversion prevention.
7. Develop proactive risk-management strategies, including malpractice insurance evaluation, employment-contract review, and scope-of-practice assessment.
8. Appraise the benefits, risks, and liability implications of artificial intelligence, telehealth, and other emerging technologies in clinical practice.

Outline

Legal Foundations, Scope of Practice & Professional Liability

This module covers the standards, licensure requirements, and decision-making patterns that most often lead to APRN malpractice exposure.

• Common legal risks and malpractice claim trends
• Expanding scope of practice, licensure, competency, and credentialing
• Consultation, referral, escalation, and continuity of care
• Diagnostic errors, cognitive bias, and clinical decision-making
• Case study review: Missed diagnosis, failure to refer
• Legal cases: Brody v Bassett Healthcare Network, Hee-Sook Cheon, NP v Knowles (diagnostic error/clinical judgment/monitoring, NP liability)

Documentation, Communication & Patient Rights

This module connects documentation and communication practices, with key protection strategies for both the patient and the APRN.

• Defensible documentation and electronic communication
• Informed consent and informed refusal
• Professional boundaries and social media
• Telehealth and interstate practice considerations
• Communication strategies following adverse events
• Case study review: Informed consent, confidentiality, and documentation
• Legal cases: Canterbury v Spence (informed consent/disclosure of material risks), Cruzan v Director, Missouri Dept of Health (patient autonomy/refusal of treatment/advance directives)

Pharmacology, Prescribing & Medication Safety

This module highlights prescribing safeguards, with particular attention to controlled substances and high-risk medications.

• Pharmacokinetics and pharmacodynamics, medication reconciliation, polypharmacy, drug-drug interactions, high-alert medications, special populations, limitations of research and potential risks of pharmacologic therapy
• Prescribing errors, electronic prescribing, monitoring, patient education, adverse drug events
• Controlled substances & regulatory requirements: Prescribing practice, DEA requirements, drug diversion
• Case study review: Prescribing errors, polypharmacy, and controlled substances

Proactive Protection: Malpractice Insurance & Employment Contracts

This module moves to the business side of practice, examining how every APRN should protect themselves before a dispute arises, not after.

• Professional liability insurance: Coverage, exclusions, policy limits, employer provided vs individual plans
• Claims-made versus occurrence policies
• Tail coverage and prior-acts coverage
• Board of nursing and licensing defense
• Employment contracts and restrictive covenants: Compensation, productivity expectations, and termination provisions
• Scope of responsibilities, credentialing, and privileging
• Outside employment, moonlighting, and professional activities
• Case study review: Evaluating insurance coverage and employment contract risks
• Legal cases: Wickline vs State of California (professional liability/healthcare system decisions)

Emerging Technologies & Contemporary Risks

This module answers liability questions on artificial intelligence, telehealth, and other emerging technologies that are reshaping clinical practice.

• Artificial intelligence in clinical practice: Benefits, risks, and limitations
• AI-assisted diagnosis, documentation, and clinical decision support
• AI accuracy, bias, privacy, and accountability
• Electronic health records and technology-related risks
• Telehealth and evolving regulatory requirements
• Professional responsibility when using emerging technologies
• Case study review: AI, telehealth, and technology-related liability

Target Audience

• Advanced Practice Registered Nurses
• Nurse Practitioners
• Clinical Nurse Specialists