Legal Considerations Flashcards

1
Q

Define fiduciary relationships*

A

The recipient of the care has to trust in the professional’s competency and integrity, because of the nature of the services provided

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What six things are regulatory bodies responsible for?*

A
  1. Ensuring safe, competent, and ethical nursing care (through standards of practice)
  2. Granting registration and licensing
  3. Ensuring continuing competency
  4. Investigating complaints against members conduct
  5. Disciplining members when necessary
  6. Approving nursing education programs
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is a duty of care?*

A

The duty of care is owed to those who retain our services or are placed under our care

Expected to act in a competent manner to ensure care meets reasonable standards and expectations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define professional misconduct & provide examples*

A

Behaviour that fails to meet the ethical and legal rules and standards of the profession - doing what you are not supposed to be doing

Acts or omissions that breach or abuse the nurse-client relationship

Ex. Failure to uphold the code of ethics, abuse, misappropriating personal property/medications, abandoning a client, neglecting to provide care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Define professional malpractice & provide examples*

A

Nursing acts that are performed in a sub-standard or careless manner that does not conform to the generally recognized practice standard - doing what you are supposed to be, but doing it badly

Does not necessarily involve misconduct

Ex. Doing or saying nothing when action is required, injuring a patient with equipment, improper administration of medication, inappropriate/inadequate documentation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the difference between statute and case law?*

A

Statute law is created by elected legislative bodies and case law is built on the precedent of decisions set by other similar cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is a tort?*

A

A civil wrong committed by one person against another causing injury or damage, either to person or property

Classified as intentional or unintentional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Define assault*

A

Conduct that creates the apprehension or fear of imminent harmful or offensive contact

No actual contact is required to be charged with assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Define battery*

A

The intentional physical contact with a person, without that person’s consent

Can be harmful and bring about injury, or simply offensive to the patient’s personal dignity

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are four intentional torts?*

A

Assault, battery, invasion of privacy, and false imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

When can medical treatment be administered without consent?*

A

Situations that are life-threatening and the patient is unconscious or mentally incompetent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What three things are required for consent to be valid?*

A
  1. Patient must have legal and mental capacity to consent
  2. Consent must be voluntary without coercion
  3. Consent must be informed (patient must understand all options, risks, and benefits)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What three aspects need to be involved for a nurse to be liable for negligence?*

A
  1. Duty of care owed to the patient/client
  2. Breach of that duty of care by healthcare provider
  3. Patient suffered damage as a direct result of the breach of the duty of care
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Define proximate cause*

A

Defendant is liable for any harm caused by their negligence

Damage must be something that could reasonably be foreseen as resulting from the negligent conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Define contributory negligence*

A

Even if the plaintiff is partly to blame or partly at fault for the harm suffered, they can still receive damages for the remaining portion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

If a nursing student performs a nursing action, they will be held to the same standard of care as ___*

A

an RN

17
Q

Define gross negligence*

A

Conduct that drastically departs from the standard of a reasonably competent nurse

18
Q

Define criminal negligence*

A

Gross negligence that results in death or serious bodily harm - constitutes a criminal offence that may be punishable by law

19
Q

What is the employer’s responsibility in liability?*

A

Healthcare facilities, as employers, are vicariously liable for the negligent acts of their employees

Employers have a common law duty to take active steps to ensure that nurses falling short of a standard receive the appropriate improvement plan - the employer may be held liable otherwise

20
Q

What are five issues that may effect liability?*

A
  1. Short staffing
  2. Floating - nurses may feel pressure to practice outside their competence level
  3. Physician’s orders
  4. Dispensing advice over the phone
  5. Contracts and employment agreements
21
Q

What are the four steps of risk management?*

A
  1. Identify possible risks
  2. Analyze risks
  3. Act to reduce risks
  4. Evaluate steps taken
22
Q

What is a nurse’s best defence to avoid legal issues?*

A

Documentation

23
Q

Define documentation*

A

Anything written or electronically generated that describes the status of a client or the care given to that client

24
Q

What are the six main tenets of documentation?*

A
  1. Factual - avoids subjective information or opinion
  2. Accurate - truthful, exact, concise, clear, correct spelling/grammar
  3. Organized - follows a logical order/pattern
  4. Timely - should occur asap after the treatment/incident/intervention, chronological
  5. Complete - includes all appropriate and essential information, chart only your own actions/observations
  6. Compliant with standards
25
Q

What are six high risk documentation errors?*

A
  1. Falsifying records/documenting ahead of time
  2. Failing to record client changes
  3. Failing to document notification of primary provider
  4. Incomplete documentation
  5. Failing to follow policies
  6. Documenting observations and/or the work of others
26
Q

Must act as any other “reasonable and prudent nurse” would in the same situation is an example of?*

A

Standard of care

27
Q

Are incident reports part of the patient’s health record?*

A

No, they are their own separate file and should not be documented in the health record