CH 8: Legal Issues

Question 1

what is public law

Answer 1

Governs relationships b/w private parties and the government
Criminal law and regulation of organizations

Question 2

example of public law

Answer 2

Scope of nursing practice and requirements of licensure with state

Question 3

who decides voluntary standards

Answer 3

Gerontological Nursing: Scope and Standards of Practice

Question 4

nursing care/performance deviates from standards of care

Answer 4

malpractice

Question 5

example of malpractice

Answer 5

Identifying a medical emergency and not reporting it, forgetting to turn a client and they develop pressure ulcers, improper use of ergonomics causing a fall

Question 6

a person has resumed responsibility

Answer 6

duty

Question 7

failure to conform to a standard of care

Answer 7

negligence

Question 8

physical/mental harm with violation of rights

Answer 8

injury

Question 9

Deliberate threat or attempt to harm another person

Answer 9

assault

Question 10

Unconsented touching of another person in a socially impermissible manner or carrying through with assault

Answer 10

battery

Question 11

Oral (slander) or written (libel) communication to a third party that damages a person’s reputation; doesn’t exist if the statement is true and made in good faith

Answer 11

defamation of character

Question 12

Unlawful restraint or detention of a person
Improper use of restraints or preventing someone to leave (exceptions)

Answer 12

false imprisonment

Question 13

Willful and intentional misrepresentation causing harm

Answer 13

fraud

Question 14

Invading the right of an individual to personal privacy (exceptions)

Answer 14

invasion of privacy

Question 15

Unlawful taking of another person’s possessions

Answer 15

larceny

Question 16

Omission/commission of an act that departs from acceptable standards

Answer 16

negligence

Question 17

ways to reduce risk of malpractice

Answer 17

Be familiar with nurse practice act
Keep current with policies and procedures of the organization
Do not allow access to PHI without consent
Consult with provider if an order is unclear
Avoid social media in the workplace
5 rights during medication administration
Know credentials of those you are delegating to
Report hazards and broken equipment
File an incident report
Attend continuing education programs

Question 18

what is included in confidentiality

Answer 18

HIPAA provides patients with access to their medical records and control over how their PHI is used and disclosed
Goal is to protect privacy
Be familiar with policies and procedures to protect client’s privacy

Question 19

nurses role with medication

Answer 19

Nurses are responsible for safe administration of meds, NOT preparing, compounding, dispensing and retailing meds

Question 20

factors included in consent

Answer 20

Client must know full implications of procedure and make independent decision to have it done
Mentally incompetent can’t give consent
Must be obtained before performing any medical/surgical procedure; if not, considered battery

Question 21

when do you have to get consent

Answer 21

Anything that enters the body,
use of anesthesia,
cobalt/radiation therapy,
electroshock therapy,
research,
experimental procedures,
diagnostic or treatment procedures that carries more than a slight risk

must be informed

Question 22

what does the consent form include

Answer 22

procedure (spells it out), its purpose, alternatives to the procedure, expected consequences and benefits, and risks

Question 23

who obtain consent

Answer 23

provider and NOT the nurse

Question 24

Court appointed person to make decisions over an incompetent person
Guardian is monitored to make sure they have the best interests of the person

Answer 24

appointment of guardianship

Question 25

Legal method of how incompetent persons appoint parties to make decisions

Answer 25

power of attorney

Question 26

allows an individual to make decisions on their behalf if they come incompetent

Answer 26

durable POA

Question 27

staff supervision

Answer 27

Nurses are responsible for the staff they supervise Nurses can be liable if issues occur With more responsibility, greater liability Ensure those whom tasks are delegated are competent to complete tasks

Question 28

safety during telephone orders

Answer 28

Have provider send online as much as possible Do not include third parties in the order Communicate all relevant info Do not offer diagnostic interpretations/medical diagnosis Write down as soon as ordered and READ-BACK Obtain signature within 24 hours

Question 29

who imposes standards in facilities for restraints

Answer 29

omnibus budget reconciliation

Question 30

what is improper use of restraints

Answer 30

negligence and false imprisonment

Question 31

nursing considerations for restraints

Answer 31

Identify cause of behavior requiring restraints Use alternatives first Ensure provider order is accurate and detailed Detailed observation and documentation dependent on type of restraint Assessments of circulation, feeding, elimination needs, behavior, etc.

Question 32

policies based on DNR orders

Answer 32

Ensure that DNR orders are legally sound DNR orders are medical orders and must be in the system Consent for DNR must be obtained Follow DNR policy of organization Failure to save a life without a DNR _ negligence

Question 33

Express desires of competent adults regarding dying and their death

Answer 33

advanced directives

Question 34

nurses goals with advanced directives

Answer 34

Ask upon admission if there is an advanced directive Avoid witnessing a will (desires and affairs after death) Encourage individuals of ALL ages to have an advanced directive

Question 35

issues related to dying

Answer 35

* DO NOT pronounce a client’s death * Follow organizational protocol * If the death is from a criminal act, malpractice, or occupational disease, death is a medical examiners case and autopsy is done * Otherwise, consent of autopsy must be obtained * Be aware of culture

Question 36

Physical, emotional, sexual, financial, neglect, abandonment, self-neglect

Answer 36

elder abuse

Question 37

report any known or suspected case of abuse

Answer 37

mandatory reporting

Question 38

legal safeguards for nurses

Answer 38

Become familiar with laws and rules; agency’s policies and procedures Function within scope of practice Check the work of employees under your supervision Obtain administrative or legal guidance Report and document any unusual occurrence Carry liability insurance, don’t just rely on organization Refuse to work when there is a risk to safe patient care