Exam #2: Legal Issues Flashcards Preview

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Flashcards in Exam #2: Legal Issues Deck (38):
1

Sources of law

Constitutional
Statutory
Administrative
Common

2

Constitutional Law

federal
state
city

3

Statutory law

laws that are enacted by legislative bodies, declaring, commanding, or prohibiting something

Federal ex: DRG's and Nurse Education Act

State ex: Nurse Practice Act

4

Administrative law (executive, regulatory)

rules, regulations, and deacons of administrative bodies, to which the statutes have delegated authority

ex: health and sanitary codes

5

Common law (judicial, decisional, case)

federal, state, and local judicial opinions

6

Classifications of law

Criminal
Civil
Contract
Procedural
Martial
Military

7

Criminal law

offenses: least problematic; traffic violations, disorderly conduct

Misdemeanors: forgery, small thievery

Felonies: rape, murder, arson

8

Civil law

civil rights

9

Contract law

type of civil law in which there is an agreement between 2 parties in which a duty is involved

ex: employment contracts in nursing

10

Procedural law

determines which procedural regulations apply at the time

statue of limitations

11

Martial law

suspension of civil law in times of emergency

12

Military law

governs contact of military organizations in peace and war

13

Enforcement of law

Court system: city, county, state, federal, supreme

Jury system: petit, grand

14

Tort Liability (Civil Wrong)

Intentional
Quasi-Intentional
Unintentional
Strict

15

Intentional

assault
battery
false imprisonment
trespass
emotional distress

16

Quasi-Intentional

defamation
--libel: written
--slander: verbal
breach of confidentiality
invasion of privacy

17

Unintentional

negligence
malpractice
abandonment

18

Strict

products liability
--ex: equipment you're using is defective/malfunctions

19

Litigation trends

increased litigious society
medical law advertising
most suits settled out of court
increased malpractice premiums

20

Contributing Factors to Lawsuits

increased responsibility
supervision of personnel
increased patient acuity
decreased staffing
less knowledgeable staff (float, agency)

21

Causes of nursing litigation

failure to use adequate precautions to protect patient against injury
dysfunctional communication
poor record (charting) keeping
failure to respond to patient's call
outdated nursing knowledge
abandonment
failure to teach
faulty equipment

22

Failure to use adequate precautions to protect patient against injury

failure to prevent or recognize complications
falls
medication errors
inappropriate procedures

23

Dysfunctional communication

unclear writing
verbal orders
improper reporting

24

Poor record (charting) keeping

"If you didn't chart it, it wasn't done"

25

What is negligence?

conduct that falls below the standard established by law for the protection of others against unreasonable harm

usually negligence cases end up in civil court...but criminal charges may be brought against you

26

What's the Good Samaritan Law?

exempt from civil liability when providing emergency care in good faith with due care or without gross negligence

27

Legal sources of standards of care

expert witness
professional literature
institutional policies
manuals/procedure books
drug references
professional standards
licensure

28

Patient Rights

right to safety
right to be informed
right to choose
right to be heard

29

Patient's Bill of Rights

considerate and respectful care
current and relevant info
privacy
review records
consent or decline research
informed of hospital policies

30

Informed consent

ethical and legal issue
nature of decision/procedure
reasonable alternatives
risks, benefits, uncertainties
access patient understanding
acceptance of intervention by patient

31

Right to Die

Brain death: "the irreversible cessation of all functions of the entire brain, including the brain stem"
Legal definition of death is brain death
--NOT when heart stops, NOT when breathing stops, ONLY when brain dies

32

Do people have the legal right to die in most states?

No

33

What are landmark cases of right to die?

Karen Ann Quinlan

Nancy Cruzan
--in MO
--first right to die case to go before U.S. Supreme Court

34

Euthanasia

professionally assisted suicide
Oregon: death w/ dignity act
Legal in Netherlands

Passive vs. Active:
--passive: fairly common in US; decision to cease or not start treatment is done
--active: intentional act:
-->voluntary: w/ patient's permission
-->involuntary: w/out patient's permission

35

Suicide

criminal act if person is of age and sane
typically court will mandate patient to seek health care
encouraging another to commit suicide is murder

36

Order of legal procedure/decision making

spouse
adult son or daughter
either parent
adult brother or sister
grandparent
guardian

37

Rights of Vulnerable Populations

mental competence

children:
--parental consent
--age of majority (18)
--emancipation
--right of protection
--right to die

38

Students

liable for own negligence
UAP--follow hospital policies
rules of conduct
due process--grievance process
Buckley amendment