Exam #2: Legal Issues*** Flashcards Preview

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Flashcards in Exam #2: Legal Issues*** Deck (52)
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Sources of Law: Constitutional

*highest level based on laws of the land(Federal, State, City)
-->Legislative, Executive, and Judiciary branches


Sources of Law: Statutory

laws that are enacted by legislative bodies, declaring, commanding, or prohibiting something
-altered by amendment/repeal
-->ex. DRGs


Sources of Law: Administrative

(Executive, Regulatory)
rules, regulations, and decisions of administrative bodies, to which the statues have delegated authority
-in nursing: deals with protecting public health
-->ex. State board of nursing


Sources of Law: Common

(Judicial, Decisional, Case)
federal, state, and local judicial opinions
--> based on judges decision on a case


Classifications of Law: Criminal

harmful to public or individual
1. Offenses- traffic violation
2. Misdemeanor- small theft
3. Felonie- murder


Classifications of Law: Civil

deals with rights of individual


Classifications of Law: Contract

agreements between two parties with duty involved
--> employment contract


Classifications of Law: Procedural

deals with what regulations need to be applied at that time
--> child injuries prosecuted up to age 18


Classifications of Law: Marital

suspension of civil law in times of emergency


Classifications of Law: Military

governs contact of military while at war


The Court System

city, county, state, federal, supreme


The Jury System

petit, grand


Tort Liability

a.k.a. - civil wrongs
-occur in disagreement between two parties
1. Intentional
2. Quasi-Intentional
3. Unintentional
4. Strict


Tort Liability: Intentional

actions with an intended outcome that is meant to harm another person
-->ex. assault, battery, false imprisonment


Tort Liability: Quasi-Intentional

-defamation: harmful communication to a 3rd party (ex. libel/slander)
-Breach of confidentiality: inappropriate sharing of information
-Invasion of privacy


Tort Liability: Unintentional

-Negligence: failure to meet an ordinary standard leading to injury of pt
-Malpractice: professional misconduct/negligence leading to harm of pt
-Abandonment: duty to give care that is ignored


Tort Liability: Strict

product liability: products failure to function leading to pt harm


Litigation Trends

-increasing litigious society due to feelings of entitlement
-people desire personalization of care (not just us knowing them as a rm # or disease)
-medical law advertising increases lawsuits
-increased malpractice premiums


What are the factors contributing to lawsuits?

-increased responsibilities
-supervision of personnel
-increased pt acuity
-decreased staffing
-less knowledgable staff


Who is at risk of a medical incident?

-most incidents caused by lack of nursing judgement or even common sense


What are the causes of nursing litigation?

1. failure to use adequate precautions
2. dysfunctional communication
3. poor record keeping
4. failure to respond to pt call
5. outdated nursing knowledge
6. abandonment
7. failure to teach
8. faulty equipment
9. negligence


Good Samaritan Laws

exempt from civil liability when providing emergent care in goo faith with due care or without gross negligence (ex. don't give CPR unless you know how to)


Legal Sources of Standards of Care

determines degree of liability of nurse in court case
•Expert witness
•Professional literature
•Institutional policies
•Manuals/procedure books
•Drug references
•Professional standards


Risk Management

-required dept in hospital
-purpose: protect hospital, personnel, and improve quality of care --> be PROactive and PREVENTative
-ex. monitoring incident reports


Liability Insurance

a.k.a. malpractice insurance
-employer will carry for you but may turn around and sue you afterwards
-advised for nurse to carry own


What is the licensure law?

state nurse practice acts


What are the pt rights? Who were they developed by?

•Right to safety
•Right to be informed
•Right to choose
•Right to be heard
--> JFK


What is the pt bill of rights?

*not a real thing, but something the AHA wants to get passed

Pt has right to....
•Considerate and respectful care
•Current/relevant information
•Make decisions/refuse care
•Advanced directives
•Confidential communications
•Review records
•Receive reasonable response
•Informed of business ties
•Consent or decline research
•Reasonable continuity of care
•Informed of hospital policies


Informed Consent

both an ethical and legal issue!


What is the nurse's role in getting consent?

-primary care provider has primary responsibilities
-nurses may enhance content explanation
-report concerns when pt has doubts
-determine if you are witnessing a signature of explanation