Chapter 23 Legal Implications

Question 1

Statutory Law

Answer 1

of or related to laws enacted by a legislative branch of the government (civil, criminal, Nurse Practice Act)

Question 2

Nurse Practice Acts:

Answer 2

describes and define the legal boundaries of nursing practice with in each state
Ex. Americans with disabilities Acts (ADA) - protects rights

Question 3

Regulatory/ administrative law

Answer 3

reflects decisions made by administrative bodies

Ex. State Boards of Nursing

Question 4

Common Law

Answer 4

results from judicial decisions made in courts when a individual’s legal case are decided
Ex. informed consent

Question 5

Civil Law

Answer 5

protect the rights of individuals with in our society and provide for fair treatment when civil violations occur
Ex. malpractice

Question 6

Criminal Laws

Answer 6

protect society as a whole

Question 7

Felony

Answer 7

serious, imprisonment for longer than 1 year or death

Ex. misuse of controlled substance

Question 8

Misdemeanor

Answer 8

less serious, fine or imprisonment for less than a year

Question 9

Standards of Care

Answer 9

legal requirements for nursing practice that describe minimum acceptable nursing care

Question 10

ADA includes

Answer 10

HIV patients, ramps and wheelchair access

Question 11

Emergency Medical Treatment and Active Labor Act

Answer 11

established appropriate screening and stabilization before transfer or discharge

Question 12

Mental Health Parity act

Answer 12

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

Question 13

Advance directives

Answer 13

decisions on your behalf - living wills, health care proxies, and durable power of attourney

Question 14

PSDA

Answer 14

Patient Self determination Act

requires to provide info to patients concerning their rights under state law to make decisions (living wills, DPAHC)

Question 15

Living wills

Answer 15

patient’s wishes in the event of terminal illness

Question 16

DPAHC

Answer 16

durable power of attorney for health care: legal document that designates a person of one’s choosing to make health care decision when patient is no longer able to

Question 17

Uniform Anatomical Gift Act

Answer 17

18+= organ donation - diverse license

UNOS United Network for Organ Sharing- guidelines for procurement of organs

Question 18

Privacy

Answer 18

right to keep personal info from being disclosed

Question 19

Confidentiality

Answer 19

protects private patient info once it has been disclosed

Question 20

Restraints

Answer 20

safety strategy - only with extreme caution.. can be used when

1. insure safety
2. when less restrictive intervention –> not successful
3. written order

Question 21

Good Samaritan Laws

Answer 21

provide emergency assistance at an accident scene

Question 22

Public Health Laws

Answer 22

community and public nurses= legal responsibility to enforce laws enacted to protect public health Ex. elder abuse

Question 23

The Uniform Determination of Death Act

Answer 23

1. cardiopulmonary: irreversible cessation (ending) of circulatory and respiration functions
2. brain: irreversible cessation in all functions

Question 24

Autopsy

Answer 24

institution policy or by law

patient’s death occurred under suspicious circumstances or died with in 24 hours admission to facility

Question 25

Physician Assisted Suicide

Answer 25

oral or written request to end life | -with in reasonable medical judgement (ANA, AACN - American Association of College of Nursing)

Question 26

Torts

Answer 26

civil wrong made against a person or property

Question 27

Intentional torts

Answer 27

willful acts that violate another's rights such as assault, battery, false imprisonment

Question 28

assault

Answer 28

to threaten

Question 29

battery

Answer 29

intentional touching - no consent

Question 30

false imprisonment

Answer 30

unjustified restraint

Question 31

Quasi Intentional torts

Answer 31

Invasion of privacy, defamation of character

Question 32

invasion of privacy:

Answer 32

release of medical info

Question 33

defamation of character:

Answer 33

false statements

Question 34

slander

Answer 34

speaks falsely

Question 35

libel

Answer 35

written defamation

Question 36

Unintentional torts:

Answer 36

negligence, malpractice

Question 37

negligence

Answer 37

unreasonable high risk of harm | Ex. failing to monitor in timely fashion

Question 38

malpractice

Answer 38

1. the nurse owed a duty to patient 2. did not carry out duty 3. patient was injured 4. nurse's failure caused injury

Question 39

Informed Consent

Answer 39

a person's agreement to allow something to happen such as surgery -- required

Question 40

Elements of informed consent

Answer 40

1. receives complete explanation 2. patient receives names of person's performing 3. receives description of serious harm 4. Receives info on alternative therapies and risks 5. right to refuse 6. may refuse after procedure has begun

Question 41

Abortion Issues

Answer 41

roe vs. wade right to privacy farthest you can have = 2nd trimester

Question 42

Nursing Student issues

Answer 42

actions that cause harm --> falls on everyone

Question 43

Malpractice Insurance

Answer 43

defense when a nurse is in a lawsuit

Question 44

abandonment and assignment issues

Answer 44

staff shortage: have to have set # or more floating: OB --> ER = lack of experience health care provider's orders: responsible for directing treatment --> assessment

Question 45

occurrence(incident) report

Answer 45

database for further investigation in an attempt to correct measures ex. patient falls

Question 46

state statutory issues in Nursing

Answer 46

Licensure, Good Samaritan laws, Public health laws

Question 47

Risk management

Answer 47

a system of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs

Question 48

risk management steps:

Answer 48

identify possible risks analyze risks act to reduce risks evaluate steps taken