Final: Legal issues

Question 1

As a nurse, you need to understand

Answer 1

Legal limits of nursing

Professional standards of care that affect the nursing practice

Question 2

Constitutional law

Answer 2

Taken from from federal/state constitutions. things such as the right to refuse treatment

Question 3

Statutory law

Answer 3

Found in each state

• Criminal law
• civil law

Question 4

Criminal law

Answer 4

Prevent societal harm. punishment for crimes

Question 5

Civil law

Answer 5

Protect individuals and ensure fair treatment

Question 6

Criminal law prevents

Answer 6

Harm to society and provide punishment: categorized as felonies or misdemeanors

Question 7

A felony is a

Answer 7

serious offense/significant harm

Question 8

A misdemeanor is

Answer 8

a crime that does not inflict serious harm

Question 9

Civil laws protect the

Answer 9

Rights of individuals and provide for fair and equitable treatment when civil wrongs or violations occur

Question 10

Consequences of civil law

Answer 10

Damages in the form of fines or performance of good works such as public service

Question 11

In a malpractice lawsuit, a nurse’s conduct is compared to

Answer 11

Nursing standards of care

Question 12

Patient protection and affordable care act

Answer 12

Consumer rights and protections, increased access to care, and stronger medicare

Question 13

Americans with disabilities act

Answer 13

Protects rights of people with physical or mental disabilities

Question 14

Emergency medical treatment and active labor act

Answer 14

When a patient presents to an ED, they must be treated

Question 15

Mental health parity act as enacted under PPACA

Answer 15

Strengthens mental health services

Decreases discrimination

Question 16

Patient self-determination Act

Answer 16

Advance directives

• living wills
• healthcare proxies or durable power of attorney for health care

Question 17

Uniform anatomical gift act

Answer 17

Organ donation 18 yr or older, if unable, sequence of decision making occurs

Question 18

HIPPA

Answer 18

Provides rights to patients and protect employees

• • protects individuals from losing insurance when changing jobs
• -Limits who is able to access a patients record

Question 19

Health information technology act

Answer 19

Expands HIPPA. Nurses must ensure that patient PHI is not inadvertently conveyed on social media
– ensure that data are not disclosed other than as permitted by the patient

Question 20

Restraints can be used

Answer 20

• Physical safety of patient and others
• less restrictive interventions are not successful
• Only on the written order of a health care provider
• —- regulations also describe documentation of restraint use and follow-up assessments

Question 21

Uniform determination of death act

Answer 21

Cardiopulmonary determination of death OR cessation of brain function

Question 22

Autopsy

Answer 22

Can be requested by patient or family

Question 23

Torts

Answer 23

Civil wrong against person/property

-unintentional, quasi-intentional, intentional

Question 24

Kinds of torts

Answer 24

Assault 
Battery 
False imprisonment 
Negligence 
Malpractice

Question 25

Assault

Answer 25

Intentional threat toward another person causing reasonable fear of harmful or unwelcome contact. No actual contact is required

Question 26

Battery

Answer 26

Intentional offensive touching without consent or lawful justification

Question 27

False imprisonment

Answer 27

Unjustified restraint of a person without legal reason

Question 28

Malpractice

Answer 28

Poor practice, outside of scope

Question 29

Consent form must be

Answer 29

Signed

Question 30

Informed consent

Answer 30

Agreement to care based on full disclosure of risks, benefits, alternatives, and consequences of refusal

Question 31

Nurse's signature as a witness to the consent means

Answer 31

Patient voluntarily gave consent Patient signature is authentic Patient appears to be competent to give consent

Question 32

Malpractice insurance

Answer 32

Provides a legal/financial defense when in a lawsuit involving negligence or malpractice

Question 33

When are nurses covered by malpractice insurance

Answer 33

Nurses cover by institutions insurance ONLY while working

Question 34

Nursing workforce issues

Answer 34

``` Nursing students Staffing and nurse to patient ratios Nursing assignments Patient abandonment Nurse delegation ```

Question 35

A nurse may refuse an assignment when

Answer 35

- Lacks knowledge/skill required - Care exceeds the practice act - Health of nurse or unborn child is threatened - Orientation has not been completed and safety is at risk - Nurse clearly states and documents a conscientious objection on the basis of moral, ethical, or religious grounds - Nurse's clinical judgement is impaired as a result of fatigue, resulting in a safety risk for the patient

Question 36

Nurses must follow HCP orders unless

Answer 36

They believe an order is given in error or is harmful

Question 37

Risk management and quality assurance 1

Answer 37

A system to ensure nursing care that attempts to identify potential and eliminate hazards before harm occurs

Question 38

Steps involved in risk management and quality assurance 1

Answer 38

Identify possible risks Analyze risks Act to reduce risks Evaluate steps taken

Question 39

Risk management and quality assurance 2

Answer 39

One tool used in risk management is the incident report or occurrence report

Question 40

Risk management and quality assurance 3

Answer 40

The joint commission universal protocols

Question 41

The joint commission universal protocols

Answer 41

Preoperative verification Marking the operative site with indelible ink "time out" before procedure for final verification

Question 42

Never events

Answer 42

Preventable errors, which may include falls, UTI from improper use of catheters and pressure ulcers

Question 43

Nurse experts

Answer 43

- Testifies about the standards of nursing care as applied to the facts of a case - Determine that no conflict of interest exists before accepting a case - Depositions - Base their opinions on existing standards of practice