Legal Considerations

Question 1

Established through executive branch of government

Answer 1

Administrative Law

Question 2

Example of administrative law

Answer 2

Regulation of nursing profession by state boards

Question 3

Prosecuted through the civil court system, however can be a criminal offense

Answer 3

Tort law

Question 4

Example of tort law

Answer 4

Lawsuits brought against nurses by patients

Question 5

Originates from federal and state constituents

Answer 5

Constitutional law

Question 6

Example of constitutional law

Answer 6

Bill of rights

Question 7

Established from legislative branch of government

Answer 7

Federal and state health care statutory law

Question 8

Example of federal and state health care statutory law

Answer 8

HIPAA

Question 9

Guidance for nurses on issues such as licensure requirements, scope, and penalties

Answer 9

Nurse practice acts

Question 10

An intentional act that results in feeling of fear or apprehension

Answer 10

Assault

Question 11

Touching a person in an unauthorized way

Answer 11

Battery

Question 12

A specific type of negligence is which the harmful behavior or lack of results in death

Answer 12

Wrongful death

Question 13

4 elements must be met to determine malpractice

Answer 13

Damages, duties, causation, breach of duty

Question 14

Did the nurse violate responsibility to the patient?

Fall below standards of care?

Answer 14

Breach of duty

Question 15

__ __ __ is the basis behind a tort lawsuit

Answer 15

Standard of care

Question 16

“Set of guidelines based on various types of evidence as to what is reasonable and prudent for a healthcare professional in the same or similar circumstance.”

Answer 16

Standard of care

Question 17

EMTACA or anti-dumping law

Answer 17

Prohibits refusal of uninsured patients in an ED

Question 18

Hospital acquired conditions seen as easily preventable with appropriate care

Answer 18

Never events

Question 19

5 examples of never events

Answer 19

Retained object after surgery
Air embolism 
Stage 3 or 4 pressure ulcer
Blood transfusion error
Falls

Question 20

5 more never event examples

Answer 20

Poor glycemic control
CAUTI
Vascular catheter infection
Surgical site infection
DVT or pulmonary embolism

Question 21

4 documents every RN should own are…

Answer 21

Copy of state NPA
Nursing’s Social Policy Statement
Nursing Scope and Standard of Practice
Code of Ethics for Nurses

Question 22

Giving someone the authority to perform an action on one’s behalf

Answer 22

Delegation

Question 23

5 rights of delegation

Answer 23

Right person
Right circumstance
Right task
Right supervision
Right direction/communication

Question 24

2 things not to do concerning incident reports

Answer 24

Do not document in patient’s medical record and do not make a personal copy

Question 25

What is a nurses best defense in a malpractice case?

Answer 25

Accurate and timely documentation of patient care

Question 26

2 criteria for informed consent to be legally valid

Answer 26

Patient must accept voluntarily and have alternative choices | Patient must be mentally competent to give consent

Question 27

Legally competent patient making an informed and voluntary choice to have a medically assisted death

Answer 27

Euthanasia

Question 28

Medically assisted death in which HCP supplies patient with means to end their life, but doesn't perform the actions

Answer 28

Assisted suicide

Question 29

A lethal injection is administered

Answer 29

Active euthanasia

Question 30

Medical support is withdrawn

Answer 30

Passive euthanasia

Question 31

Patient unable to give consent but act can be justified on moral grounds (suffering)

Answer 31

Nonvoluntary euthanasia

Question 32

Patient gives consent

Answer 32

Voluntary euthanasia

Question 33

Allows HCP to prescribe life ending medication to mentally competent patient with less than 6 months to live

Answer 33

Death with dignity statutes

Question 34

4 issues that must be addressed when a patient is refusing care

Answer 34

Mental competency Understanding of risks and benefits Involving family or friends Documenting everything done before care is refused