Ch. 23 Legal Implications In Nursing Practice

Question 1

Battery

Answer 1

Any intentional touching without consent

Question 2

Civil laws

Answer 2

Protect the rights of individuals within our society and provide fair and equitable treatment when civil wrongs or violations occur

Question 3

Common-law

Answer 3

Results from judicial decisions made in courts when individual legal cases are decided. Example)informed consent, patient right to refuse treatment, negligence, malpractice

Question 4

Criminal law

Answer 4

Protect society as a whole and provide punishment for crimes which are defined by municipal, state, and federal legislation

Question 5

Credentialing

Answer 5

Process of establishing the qualifications of licensed professionals, organizations, organizational members, and assessing their background and legitimacy

Question 6

Felony

Answer 6

Crime of a serious nature that has a penalty of imprisonment for longer than one year or even death

Question 7

Misdemeanor

Answer 7

Less serious crime that has a penalty of a fine or imprisonment for less than one year

Question 8

Defendant

Answer 8

A person or entity accused of a crime

Question 9

Defamation of character

Answer 9

Publication of false statement that results in damage to a person’s reputation

Question 10

Euthanasia

Answer 10

The act or practice of killing someone who is very sick or injured in order to prevent any more suffering

Question 11

False imprisonment

Answer 11

A restraint of a person in a bounded area without justification or consent

Question 12

Fraud

Answer 12

A deliberate deception to secure unfair or unlawful gain

Question 13

Incident report

Answer 13

A form that is filled out in order to record details of an unusual event that occurred at the facility

Question 14

Informed consent

Answer 14

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

Question 15

Invasion of privacy

Answer 15

The intrusion into a personal life of another without cause

Question 16

Liability

Answer 16

The state of being responsible for something

Question 17

Libel

Answer 17

The written false statement about a person that damages there reputation

Question 18

Litigation

Answer 18

The process of taking legal action

Question 19

Living will

Answer 19

Written documents that directs treatment in accordance of the patient’s wishes in the event of a terminal illness or condition

Question 20

Malpractice

Answer 20

One type of negligence often referred to as professional negligence.

1) nurse owed a duty
2) nurse did not carry out duty
3) patient was injured
4) failure to carry out duty caused injury

Question 21

Negligence

Answer 21

Conduct that falls below the standard of care

Question 22

Nurse practice act

Answer 22

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

Question 23

Plaintiff

Answer 23

Person who brings case against another in the court of law

Question 24

Tort

Answer 24

Civil wrong made against a person or property

Question 25

Slander

Answer 25

Occurs when one speaks falsely about another

Question 26

Standards of care

Answer 26

Legal requirements for nursing practice that describes minimum acceptable nursing care

Question 27

Witness

Answer 27

Person who sees a crime

Question 28

ANA standards of nursing practice

Answer 28

1) assessment 2) diagnosis 3) outcome identification 4) planning 5) implementation 6) evaluation

Question 29

The difference between tort and crime?

Answer 29

Tort-against a person or their property, punishment maybe Jill or payment to that person. Ex) Jack punches Joe's window Crime – state or federal wrong. Punishment is jail or fines. Ex) Jack sells Joe drugs. Occurrence might be both tort and crime

Question 30

Privileged communication

Answer 30

Only sharing patient information with patient, position, and personnel who care for patient, and who the patient states information can be given to.

Question 31

Essential elements for a informed consent?

Answer 31

1) brief, complete explanation of procedure or treatment 2) names in qualifications of persons performing and assisting 3) received description of serious harm that may occur 4) right to refuse

Question 32

Groups of people who cannot provide consent?

Answer 32

Children under 18 Unconscious The mentally ill

Question 33

What is the nurses responsibility in obtaining consent from groups that cannot provide consent?

Answer 33

Children – legal parents or guardian Unconscious – whoever is legally authorized to give consent on patient's behalf Mentally ill – court has to determine if they are competent to decide for themselves

Question 34

What is the nurses responsibility in obtaining informed consent from competent adult?

Answer 34

Make sure they understand procedure, have them sign consent, witness signature of patient and make sure they are competent to sign. If patient refuses make sure patient signs rejection form, if patient doesn't understand call physician to come talk to them.

Question 35

Describe procedure to follow when client is in injured

Answer 35

Inform charge nurse/supervisor, fill out an incident report, (only what you saw and what you did, only facts no assumptions) do not state inpatient file that a report was filed

Question 36

Good Samaritan law

Answer 36

Providing emergency assistance to an accident scene. Encourages healthcare providers to assist in emergencies. Limit liability and offer legal immunity as long as you act without gross negligence. (Can only provide care that is within your scope.) Must stay with the patient until they are safely with EMS or in the emergency department

Question 37

How do nursing students minimize chance for liability?

Answer 37

Make sure they are prepared to carry out necessary care. Ask for additional help or supervision when feel inadequately prepared. Comply with policies of the agency. Comply with policies of the nursing school.

Question 38

What are the legal precautions for nurses?

Answer 38

Function with in scope Follow policies at agency observe and monitor patient accurately communicate and record significant changes to physician check orders that client questions Protect client from files and prevent injuries document ask for assistance delegate tasks to persons with skills, knowledge, scope build in maintain good rapport with patient

Question 39

Malpractice (liability) Insurance

Answer 39

Provides for a defense when a nurse is in a lawsuit involving professional negligence or medical malpractice. Insurance company pays for any judgment or settlement of the case and for the attorneys fees generated in the representation of the nurse

Question 40

Collective-bargaining

Answer 40

A process between employers in employees to reach an agreement regarding the rights and duties of people at work Ex)pay, hours, training, health and safety

Question 41

Americans with disabilities act

Answer 41

Broad civil right statute that protects the rights of people with physical or mental disabilities. Prohibits discrimination and ensures for persons with disabilities equal opportunities in employment, state and local government services, public accommodations, commercial facilities, and transportation.

Question 42

Emergency medical treatment and active labor act

Answer 42

Provides that when a patient comes to the emergency department or the hospital and Appropriate medical screening within the capacity of the hospital occurs. If an emergency condition exists the hospital is not to discharge or transfer the patient until the condition is stabilized.

Question 43

Mental health parity act

Answer 43

Forbids health plans from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits

Question 44

Advance directives

Answer 44

Include living wills, healthcare proxies, and durable power of attorney for healthcare.

Question 45

Health care proxy or durable power of attorney for healthcare

Answer 45

A legal document that designates a person or persons of one's choosing to make healthcare decisions when a patient is no longer able to make decisions on his or her own behalf

Question 46

Uniform anatomical gift act

Answer 46

A person who is at least 18 years of age has the right to make an organ donation.

Question 47

National organ transplant act

Answer 47

Prohibits the purchase or sale of organs. Provides civil and criminal immunity to the hospital and healthcare provider who performs in accordance with the act

Question 48

Health insurance portability and accountability act

Answer 48

It protects individuals from losing their health insurance when changing jobs by providing portability. It allows employers to change jobs without losing coverage as a result of pre-existing coverage exclusion as long as they have had 12 months of continuous group health insurance coverage.

Question 49

Restraints can be used for what reasons?

Answer 49

To ensure the physical safety of a resident or other residents When less restrictive interventions are not successful Only on the written order of the healthcare provider

Question 50

Public health laws

Answer 50

Protection of public health,advocating for the rights of people, regulating healthcare and healthcare financing, and ensuring professional accountability for care provided

Question 51

The uniform determination of death act

Answer 51

The cardiopulmonary standard requires irreversible cessation of circulatory and respiratory functions. The whole brain standard requires a reversible cessation of all functions of the entire brain including the brainstem

Question 52

Autopsy is needed when?

Answer 52

When a patient's death has occurred under suspicious circumstances or if the patient died within 24 hours of admission to the healthcare facility

Question 53

The Oregon death with dignity act

Answer 53

The first statute that permitted physician or healthcare provider assisted suicide

Question 54

Patient self-determination act

Answer 54

Requires all Medicare and Medicaid provider organizations to do: Inform patients of their rights Document patient's wishes Not discriminate against persons Insurance that legally valid advanced directives and documented that medical care wishes are implemented Provide educational programs for staff patients and community

Question 55

Assault

Answer 55

Any action that places a person in apprehension of a harmful or offensive contact without consent

Question 56

Statutes

Answer 56

Laws created by legislative bodies | Ex)US Congress, state legislators

Question 57

Regulatory or administrative law

Answer 57

Constructed by administrative bodies | Ex)duty to report anything unethical

Question 58

Respondent superior

Answer 58

Employer is held responsible for any negligence

Question 59

Mentally or emotionally incompetent patients

Answer 59

Declared incompetent Unconscious Under influence of chemical agents Chronic dementia or other mental deficiency

Question 60

Dependently functioning

Answer 60

Functioning with a physicians order

Question 61

Interdependently functioning

Answer 61

Primary healthcare providers order and The nurse makes a judgment on the order Ex) prn orders or diets that say advance as tolerated