Legal Issues in Nursing Flashcards
Negligence
Failure to act in a manner that an ordinary person would act in similar circumstances, resulting in harm. A driver causing harm to passengers due to his carelessness.
Malpractice
Type of Negligence (profession negligence). A type of negligence, where a licensed professional fails to provide services as per standards set by the governing body. A doctor not performing her duties in accordance with medical standards, resulting in harm being caused to her patient.
Nurses can be found negligent if?
The nurse owed a duty the the pt.
The nurse did not carry out that duty.
The pt. was injured.
The nurse’s failure to carry out that duty caused the injury.
Liability
Every person is responsible for the wrong or injury done to another as the result of carelessness
Personal Liability
Requiers the nurse to resume responsibility for pt. harm and injury that is a result of negligent act.
Nurses cannot be relieved of liability by another professional, such as MD or nurse manager.
Damages ca be levied against current assets and future earnings.
Criminal Negligence
Negligence that indicates disregard for the safety, well-being or life of an individual; behavior that demonstrates a complete disregard for another. Usually results in serious harm or death. (Ex. administering five times the dose; nurse does not use pt identifier)
Gross Negligence
A legal concept that means extreme carelessness showing willful or reckless disregard for consequences to a pt.
Res ipsa loquitur (the thing speaks for itself)
When the negligent act clearly lies within the range of a jury’s common knowledge and experience, the doctrine of res ipsa loquitur may be applied. (Ex. If a surgical instrument is left in the pt body and causes harm to the patient. This does not require expert knowledge that this action was wrong by the provider, so res ipsa loquitur can be used to make a decision)
Accountability
Being responsible for one’s actions; a sense of duty in performing nursing tasks and activities.
Libel
A published false statement that is damaging to a person’s reputation; a written defamation.
Slander
Refers to an injury to one’s reputation caused by spoken words.
Emergency Medical Treatment and Active labor Law (Antidumping Law)
All persons presenting for care must receive the same treatment and be stabilized, regardless of their financial status or insurance coverage, before discharge or transfer.
American with Disability Act
To end discrimination against qualified persons with disability by removing barriers that prevent them from enjoying the same opportunities available to persons without disability. (Ex. a healthcare facility must provide accommodation for pt. with hearing, vision, or handicapped patients)
Patient Self-Determination Act
To support patients in expressing their preference about medical treatment and making decisions about end of life care. Requires federal funded health care facilities to give written notice on admission of their decision making rights and policies regarding advance directives.
Health Insurance Portability and Accountability Act (HIPAA)
To ensure confidentiality of the pt health information. (
Ex. nurses use social media and talk or take pictures of their patients)
