404--Quiz 5 (ch 16, 7, 10) Flashcards
(14 cards)
Ethical Issues
Delegating versus “dumping” tasks
Fair selection process
Ethics of balancing concerns of patients and care providers
Daily examination of delegation and supervision
Patient advocacy requires moral courage
Five Rights of Delegation
Right task Right circumstances Right person Right directions and communication Right supervision and evaluation
Supervision–direct vs. indirect
Direct = watching Indirect = deligator easily contactable but doesn't watch
Nurse’s best defense
Pt consent Statues of limitations Contributory negligence Self defense Necessity
Pt consent
Oral, implied by law, or apparent
Statues of limitations
Suits must be filed w/in 3 yrs
Contributory negligence
Holds the pt accountability to their contribution to the injury (ex: Nx 40% liable, pt 60%).
Self defense
Self-defense and defense of others may be justified to protect oneself and others from harm (ex: combative pt–justifies restraining pt) BUT only within reasonable force
Necessity
Similar to self-defense. Allows nx to interfere with pt property rights to avoid threatened injury (ex: pt tries to stab nx w/ knife, you can take the knife away).
Claims-made policies
Covers Nx for any injuries arising (1) during the policy period or (2) during uninterrupted extension.
Occurrence-based policies
Covers Nx for any injuries arising anytime during the policy period. Covers Nx even after policy expires.
Factors to Consider for Purchasing Individual Coverage
Type of nursing normally performed (staff vs. charge vs. supervision)
Unit or type of clinical nursing care normally performed
In geographic area where practice:
Dollar amount of average jury awards
Propensity for lawsuits against nurses
Risk/consequences for NOT purchasing personal liability policy (Arguments for Professional Liability Insurance)
Heightened legal accountability
Nurses’ roles are expanding in both autonomy and advocacy, leading to increased potential for being named in lawsuits.
More nurses named to increase revenue for injured clients.
No specialty is immune to lawsuits.
Payment for time to appear in court (lost wages)
PROFESSIONAL LIABILITY POLICIES:
Common elements of all professional liability policies:
They specify the limits of legal liability
They provide payment for lawyer in event of lawsuit
They pay settlements or jury awards
They reimburse for lost wages