Chapter 8- Nursing Law And Liability Flashcards Preview

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Flashcards in Chapter 8- Nursing Law And Liability Deck (45):
1

Intentional tort

Willful acts that violate another person's rights or property - usually physical acts; may result in a crime

2

Quasi-intentional torts

Violation of a person's reputation, personal privacy, or freedom from malicious or unfounded legal prosecution

3

Unintentional torts

A wrong occurring to another person leading to injury even though it was not intended

4

Assault

Saying or doing something that will make a person genuinely fear that he or she will be touched without consent (threat)

Intentional tort

5

Battery

Unconsented touching of a person, or anything he or she is wearing or holding, or anything that is attached to him or her, without the person's permission; does not have to cause injury

Intentional tort

6

False imprisonment

Making a person stay in a place against his or her wishes; can be verbal, physical, or chemical

Intentional tort

7

Intentional infliction of emotional distress

The use of extreme or outrageous conduct that causes severe emotional distress in the patient or family

Intentional tort

8

Conversion of property

Interference by the nurse with the right to possession of the patient's property by either inter-meddling or destroying the property

Intentional tort

9

Defamation of character

The sharing of information that unintentionally harms a person's reputation

Quasi-intentional tort

10

Slander

Oral defamation of character that is intentional and malicious

Quasi

11

Libel

Written defamation of character that is intentional and malicious

Quasi

12

Invasion of privacy

Violation of a person's right to keep information about self, family, and property from public scrutiny

Quasi

13

Breach of confidentiality

Revealing information obtained from privileged communication

Quasi

14

Negligence

Failure to act as a reasonable and prudent person would act in the same situation (standard or practice)

Unintentional tort

15

Malpractice

Professional negligence; failure to act as a competent and caring nurse (higher standard)

Unintentional tort

16

Six major causes of negligence

Failure to follow standards of care
Failure to use equipment in a responsible manner
Failure to Communicate
Failure to Document
Failure to Assess and monitor
Failure to Act as a patient advocate

17

Requirements for a malpractice action

Nurses (defendant) practices with specialized knowledge and skills

Through this practice, the nurse caused patient's injury

18

The four elements of a cause of action for negligence that must be proved

Nurse has assumed the duty of care

Nurse breached the duty by failing standard of care

This failure was the proximate cause of the injury

The injury is proven

19

Legal liability

Occurs if a person is found guilty of any tort; generally results in the payment of damages

20

Compensatory damage

The actual costs incurred because of the negligent act

21

Punitive damages

Money awarded beyond the compensatory damages to "punish" the violator and send a message that this behavior in unacceptable; tend to much greater amounts of money

22

Personal liability

Each professional is responsible for the actions of those working under the direction

23

Supervisor liability

Supervisors are responsible for the actions of those working under their direction

24

Employer liability

Employers can be held responsible for actions committed by employees

25

Common causes for malpractice lawsuits

Burns
Falls
Failure to observe and take appropriate action
Loss or damage to patient property
Things left in patient during surgery
Lack of informed consent
Physician's job to get informed consent

26

Nurse Practice Act

NPA is the stature that defines nursing practice.

Four objectives:
Defines practice of professional nursing, sets educations and other requirements for licensure, determined legal titles and abbreviations, provides for disciplinary action

27

ANA's Model Practice Act

Developed to guide revisions in states' nurse practice acts

28

NCSBN Model nurse practice act and model nursing administration rules

Comprehensive documents to guide states in developing and revising their nurse practice acts

29

State boards of nursing

Responsible for enforcing the nurse practice act

Publish rules and regulations that expand law

Revised to keep up with new health care developments

30

Authority of state board of nursing

Have power to clarify provisions of nurse practice act

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Executive branch of SBON

Administers nurse practice act

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Legislative branch of SBON

Adopts necessary rules to implement act

33

Judicial branch of SBON

Authority to discipline a licensee or deny licensure

34

SBON and educational requirements

Set and enforce minimum criteria for nursing education programs

Have the power to discipline a liecensee

35

Delegation

Defined as giving someone authority to act for another

36

5 rights to ensure safe delegation

Right task (appropriate to be delegated)

Right circumstance (appropriate for this case)

Right person (is person competent)

Right direction/communication (are instructions clear)

Right supervision/evaluation (can you evaluate the patient and performance of task)

37

Informed consent

All patient or guardians must be given an opportunity to give informed consent before treatment, unless it is a life-threatening emergency

38

Nurses role in informed consent

May witness the pt signing the consent

We do NOT explain the procedure or risks

Advocate for the patient if they do not understand fully

39

Health Insurence Portability and Accountability Act HIPAA

First federal privacy standard governing protection of patients medical records

Reinforces protection of electronically transmitted information

Requires all health care providers to ensure patients' privacy and confidentiality

40

Good Samaritan Law

Written to encourage healthcare professionals to help in emergency situations.

41

True emergency

Exists when a person will either die or have a permanent injury if not treated immediately

42

Expert witness

A person called to provide special information or opinions in cases that require special study or experience

43

Statute of limitation

A time period after which a malpractice suit cannot be filed

Generally, 2 years

44

The suit-prone patient

Demanding
Critical of all aspects
Dependent
Critical of other nurses
Have filed lawsuits before

45

Suit-prone patient

Insensitive to patient needs
Undereducated
Overconfident
Authoritarian
Inflexible
Pre-occupied with personal issues