404--Quiz 2 (ch 1, 5, & 6) Flashcards
(15 cards)
Nurse Practice Acts–what type of law are they?
Statutory Laws.
Made by legislature:
1. U.S. Congress
2. State legislative bodies
3. City councils
Examples: state statutes, city ordinances.
State = Nurse practice act, statutes of limitations, mandatory reporting laws.
Municipal = zoning ordinances, public health ordinances.
All Laws are Subject to Change–how are statutes changed?
Statutes may be amended, repealed, expanded.
U.S. Supreme Court
Within Judicial branch of government. Federal court. Highest level. Decisions are binding in all 50 states.
Judicial Law
Doctrine of precedent (i.e. stare decisis) = Courts review prior cases to arrive at similar decisions in current cases. Landmark case = precedent is being changed by the current court decision
Res judicata = An issue is settled by a judgment; prevents multiple litigation.
Statutes of Limitations
- Procedural law time frames = Time intervals during which a case must be filed or the injured party is barred from bringing the lawsuit (adults = w/in 3 yrs of injury; minors = b4 age 10).
- Discovery law = Generally, two years from when knew of, or should have known of, injury. Specifically includes: a foreign body that has been left in a patient’s body.
Standards of Care–2 types
- Internal = set by institutional policies and procedures, job description, level of education, and expertise (ex: individual nurse’s education, specific hospital policies and procedures, protocols or standing orders).
- External = Referred to as national standards. Set by the state board of nursing, professional organizations, literature, and federal guidelines (ex: JCHO, ANA Scope & Standards for Nursing Practice)
Standards of Care in Malpractice Cases
Referenced in malpractice cases to show that a nurse has breached the duty of care (= the applicable standard of care). Used to determine whether criminal or civil codes have been violated.
Two Schools of Thought Doctrine
Different nurses may choose different treatments.
Standards of care must be met.
Supports the nurse who chooses among alternative means of quality health care.
Definition of tort & tort law
Tort = A civil wrong committed against a person.
Tort Law = Based on fault. Most commonly seen classification of law in the health care setting.
Definition of Negligence
Conduct lacking due care. Equates with carelessness. Deviation from the standard of care
Definition of Malpractice
Tortfeasor must be a professional; nonprofessionals are charged with negligence. Wrong must result in injury, unnecessary suffering, or death. (ex: Medication error, Failure to report change in patient’s condition, Informed Consent) Proceeds from ignorance, carelessness, want of proper professional skill, disregard for established rules and principles, neglect, or a malicious or criminal intent
Characteristics of Malpractice
- Injury is treatment-related.
- Expert evidence determines breach in standard of care.
- Act or omissions involved assessment of the patient’s condition.
- Occurred within context of provider–patient relationship.
- Injury occurred because patient sought treatment.
- Act was unintentional.
Elements Plaintiff Must Prove in Malpractice Case
Duty of care owed the patient (Standard of Care)
Breach of the duty owed the patient (Deviation from the Standard of Care)—Foreseeability
Causation (direct result of the breach of duty)
Injury (actual physical, financial, or emotional harm/injury)—Damages (Compensation that attempts to restore the injured party to the party’s original position)
Res Ipsa Loquitur
Allows a negligence cause of action without requiring all elements. Typically occurs in medical malpractice cases where the injured party: was unconscious (e.g. infection caused by unsterile instruments), was in surgery (e.g. foreign object left in patient, neuromuscular injury due to improper positioning, burns during surgery, surgical procedure on wrong limb or part of body, organ perforation), or was an infant at the time of the injury.
Definition of Intentional Tort–Conversion of Property
Unjustifiable interference with a person’s property
