Fundamentals: Chapter 23 Flashcards
Who creates statutory law?
Elected legislative bodies such as state legislatures and the U.S. Congress
What is a regulatory/administrative law?
decisions made by administrative bodies such as State Boards of Nursing when they pass rules and regulations
What is common law?
judicial decisions made in courts when individual legal cases are decided (informed consent, patient rights)
What are the two types of statutory law?
Civil and Criminal
What are Civil laws?
statutory laws that protect the rights of individuals within our society and provide for fair and equitable treatment when civil wrongs or violations occur
What is the consequence of a civil law violation?
damages in the form of fines or specific performance of good works such as public service
What are Criminal laws?
statutory laws that protect society as a whole and provide punishment for crimes, which are defined by municipal, state, and federal legislation
What are the two classifications of crimes?
Felony and Misdemeanor
What is a felony?
a crime of a serious nature that has a penalty of imprisonment for longer than 1 year or even death
What is a Misdemeanor?
a less serious crime that has a penalty of a fine or imprisonment for less than 1 year
What are standards of care?
the legal requirements for nursing practice that describe minimum acceptable nursing care
Who develops standards for nursing practice, policy statements, and similar resolutions?
American Nurses Association (ANA)
What is the best way for nurses to keep up with the current legal issues affecting nursing practice?
maintain familiarity with standards of care and the policies and procedures of their employing agency and to read current nursing literature in their practice area
What was one of the first and most important cases to discuss a nurse’s liability?
Darling v Charleston Community Memorial Hospital
amputation
What is the Americans with Disabilities Act (ADA)
a broad civil rights statute that protects the rights of people with physical or mental disabilities
Which disease is protected by the ADA
human immunodeficiency virus (HIV)
What is the purpose of the Emergency Medical Treatment and Active Labor Act (EMTALA)?
when a patient comes to the emergency department or the hospital, an appropriate medical screening occurs within the capacity of the hospital. If an emergency condition exists, the hospital is not to discharge or transfer the patient until the condition stabilizes
What are the exceptions to the EMTALA?
the patient requests transfer or discharge in writing after receiving information about the benefits and risks or if a health care provider certifies that the benefits of transfer outweigh the risks
What is the purpose of the Mental Health Parity Act of 1996?
if health insurance plans provide mental health benefits, they are forbidden from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits
What are two ways patients are admitted into a mental health unit?
involuntarily or on a voluntary basis
Why is documentation of precautions against suicide important?
Lawsuits result from patients’ attempts at suicide within the hospital
What is the purpose of the The Patient Self-Determination Act (PSDA)?
requires health care institutions to provide written information to patients concerning their rights under state law to make decisions, including the right to refuse treatment and formulate advance directives
What are the 3 different types of advance directives?
living wills, health care proxies, and durable powers of attorney for health care
What is a living will?
written documents that direct treatment in accordance with a patient’s wishes in the event of a terminal illness or condition
