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From Flashcardlet > NURSING III: FON - Ch 23 Legal Implications > Flashcards

NURSING III: FON - Ch 23 Legal Implications Flashcards

0
Q

Example of STATE STATUTE

A

Nurse Practice Acts

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1
Q

Sources of Legal Guidelines (3)

A
  1. Statutory Law
  2. Regulatory Law (administrative law)
  3. Common Law
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2
Q

Describe and define the legal boundaries of nursing practice within each state

A

Nurse Practice Acts

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3
Q

Example of FEDERAL STATUTE

A

American with Disabilities Act (ADA), 1990

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4
Q

Protects the rights of individuals who are disabled in the workplace, educational institutions, and throughout society

A

ADA (Americas with Disabilities Act)

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5
Q

Reflects decisions made by administrative bodies (ie. State Boards of Nursing) when they pass rules and regulations

A

Regulatory Law, or Administrative Law

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6
Q

Results from judicial decisions made in courts when individual legal cases are decided. (Ex: informed consent, pt’s right to refuse treatment, negligence, and malpractice)

A

Common Law

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7
Q

Statutory Law is either __ or __.

A

criminal or civil.

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8
Q

The legal requirements for nursing practice that describe minimum acceptable nursing care

A

Standards of Care

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9
Q

ANA standards of care outline the (3) of the nurse in practice

A

scope, function, and role

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10
Q

You need to know the (3) of your employing institution so you use the same standard of care as the other nurses.

A
  1. policies
  2. procedures
  3. protocols
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11
Q

Proof of Negligence (4)

A
  1. Nurse OWED A DUTY to the patient
  2. Nurse did not carry out duty or BREACHED it
  3. Patient was INJURED
  4. Patient injury was CAUSED BY NURSES FAILURE to care out duty
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12
Q

Federal Statutory Issues

A
  1. ADA (Americans with Disabilities Act), 1990
  2. EMTALA (Emgcy Med Treatment & Active Labor Act), 1986
  3. Mental Health Parity Act, 1996
  4. PSDA (Patient Self-Determination Act), 1991
  5. Living Wills, durable POA
  6. Uniform Anatomical Gift Act
  7. Health Insurance Portability & Accountability Act (HIPPA)
  8. Restraints
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13
Q

Protects private patient information once it has been disclosed in health care settings

A

Confidentiality

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14
Q

Restraints can be used (3):

A
  1. only to ensure physical safety of resident or other residents
  2. when less restrictive interventions are not successful
  3. only on written order of health care provider
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15
Q

STATE statutory issues in Nursing (6):

A
  1. Licensure
  2. Good Samaritan Laws
  3. Public Health Laws
  4. Uniform Determination of Death Act
  5. Autopsy
  6. Physician-Assisted Suicide
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16
Q

True/False:

Good Samaritan Laws limit liability and offer legal immunity if a nurse helps at the scene of an accident.

A

True

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17
Q

True/False:
If a nurse stops at the scene of an auto accident & gives appropriate emgcy care, and Pt develops complications as a result, he/she is immune from liability as long as he/she acted without gross negligence.

A

True

*ONLY provide care that is consistent with level of expertise

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18
Q

Public Health Laws (3)

A
  1. Reporting suspected abuse
  2. Reporting communicable diseases
  3. Ensuring Pts in community have received immunizations
  4. Reporting other health-related issues to protect public health
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19
Q

True/False:
Any health care professional who does not report suspected child abuse or neglect is not liable for any civil or criminal legal actions.

A

False

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20
Q

Two standards for the determination of death:

A
  1. CARDIOPULMONARY standard

2. WHOLE-BRAIN standard

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21
Q

___ requires irreversible cessation of circulatory and respiratory functions.

A

Cardiopulmonary Standard (for determination of death)

22
Q

___ requires irreversible cessation of all functions of the entire brain, including the brainstem.

A

Whole-brain standard (for determination of death)

23
Q

The priority for giving consent for an autopsy (postmortem examination) is (4)

A
  1. Pt in writing before death
  2. Durable POA
  3. Surviving spouse
  4. Surviving child, parent, or sibling (in order)
24
Q

The ANA and AACN require nurses to approach a Pts end of life with openness to listening to the Pt’s expressions of fear and to attempt to ___ the Pt’s __.

A

control the patient’s pain.

25
Q

A civil wrong mad against a person or property; classified as intentional, quasi-intentional, or unintentional.

A

*Tort

26
Q

Willful acts that violate another’s rights such as assault, battery, and false imprisonment.

A

*Intentional Tort

27
Q

Acts in which intent is LACKING, but volitional action and direct causation occur, such as an invasion of privacy and defamation of character

A

*Quasi-intentional Tort

28
Q

A Quasi-intentional Tort that includes negligence or malpractice

A

*Unintentional Tort

29
Q

Any action that places a person in apprehension of a harmful or offensive contact without consent; no actual contact is necessary

A

*Assault

30
Q

True/False:
It is an ASSAULT for a nurse to threaten to give a Pt an injection, or to threaten to restrain a Pt for an x-ray procedure when Pt has refused consent.

A

True

31
Q

Any intentional TOUCHING without consent

A

*Battery

32
Q

Contact that can be harmful to the patient and cause injury, or merely offensive to the Pt’s personal dignity

A

*Battery

33
Q

If the health care provider performs a procedure that goes beyond the scope of the Pt’s consent, __ has occurred.

A

battery

34
Q

__ occurs with UNJUSTIFIED RESTRAINT of a person without legal warrant; requires that the Pt be AWARE of the confinement

A

False imprisonment

35
Q

The release of a Pt’s medical information to an unauthorized person

A

*Invasion of Privacy

36
Q

The information that is in a Pt’s medical record is a __ __ that may be shared with health care providers for the purpose of medical treatment only.

A

confidential communication

37
Q

The publication of FALSE STATEMENTS that result in damage to a person’s reputation

A

*Defamation of Character

38
Q

__ occurs when one SPEAKS FALSELY about another.

A

*Slander

39
Q

The written Defamation of Character (ex: charting false entries in a medical record)

A

*Libel

40
Q

Conduct that falls below a standard of care

A

*Negligence

41
Q

That degree of car that an ordinarily careful and prudent person would use under the same or similar circumstances

A

*Negligence

42
Q

A type of negligence; often referred to as professional negligence

A

Malpractice

43
Q

Failure to use that degree of skill or learning, ordinarily used under the same or similar circumstances by members of the nursing profession

A

*Nursing Malpractice

44
Q

You are accountable for (1)__ significant changes to health care provider, and (2)__ these changes in the chart.

A
  1. reporting

2. documenting

45
Q

A signed __ __ is required for all routine treatment, hazardous procedures such as surgery, treatment programs, and research involving patients.

A

consent form

46
Q

Pt signs a __ __ __ when admitted to hospital or other health care facility.

A

general consent form

47
Q

A person’s agreement to allow something to happen such as surgery or an invasive diagnostic procedure, based on a full disclosure of risks, benefits, alternatives, and consequences of refusal

A

Informed Consent

48
Q

When nurses provide consent forms for Pts to sign, they must ask the Pts if they ____.

A

understand the procedure for which they are giving consent.

49
Q

True/False:

It is acceptable to walk out when staffing is inadequate

A

False: You may be charged with PATIENT ABANDONMENT

50
Q

A nurse who refuses to accept an assignment may be considered __.

A

insubordinate.

51
Q

Nurses who float need to inform the supervisor of any __ __ __ in caring for the type of patients on the nursing unit.

A

lack of experience

52
Q

Nurses who float need to request and receive an __ to the unit.

A

orientation

Supervisors are liable if they give a staff nurse an assignment that he or she cannot safely handle

53
Q

True/False:

A nurse carrying out an inaccurate or inappropriate order is legally responsible for any harm the patient suffers.

A

True

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