Legal/Ethical Issues Pt I (Ch. 4 &5)

Question 1

what is the primary purpose of law and legislation?

Answer 1

to protect the client and the nurse

Question 2

what is the leadership role in legislative and legal issues?

Answer 2

1. Role model for quality care.
2. Update knowledge, skills & certification.
3. Report substandard care.
4. Foster honest respectful patient relationships.
5. Create an environment for diversity & sensitivity.
6. Prioritize patients rights & welfare.
7. Demonstrate vision, risk taking, energy needed to set boundaries

Question 3

what is the management role in legal and legislative issues?

Answer 3

1. Increases legal knowledge.
2. Delegate within the scope of practice.
3. Know & maintain policies & procedures.
4. Assure that staff is trained & oriented.
5. Monitor subordinates credentials.
6. Use foresight of harm in delegation/staffing.
7. Increase staff awareness of unintentional torts.
8. Provision of training on legal issues.

Question 4

what are the sources of law?

Answer 4

1. the constitution
2. statutes
3. administrative agencies
4. court decisions

Question 5

what is the constitution?

Answer 5

The highest law in the United States; interpreted by the US Supreme Court; gives authority to other three sources of law

Question 6

what are statutes?

Answer 6

Also called statutory law or legislative; laws that are passed by the state or federal legislators and that must be signed by the president or governor. Many statutes affect malpractice.

Question 7

what are administrative agencies?

Answer 7

the rules and regulations established by appointed agencies of the executive branch of the government.

Question 8

what are court decisions?

Answer 8

Also called tort law; this is court mode law and the courts interpret the statutes and set precedents; in the United States; there are 2 levels of court; trial court and appellate court.

Question 9

what are the different types of law?

Answer 9

1. criminal law
2. civil law
3. administrative law

Question 10

what is criminal law?

Answer 10

beyond a reasonable doubt

Question 11

what is civil law?

Answer 11

based on preponderance of evidence- monetary damages

Question 12

what is administrative law?

Answer 12

Clear and convincing standard-Suspension or loss of license

Question 13

what are the legal doctrines and nursing practice?

Answer 13

• stare decisis - Decision stands

- res judicata - Matter settled by judgement

Question 14

what is stare decisis?

Answer 14

Decision stands
~ Use precedents as a guide
~ Fixed liability
~ Avoid pitfalls

Question 15

what is res judicata?

Answer 15

Matter settled by judgement
~ Court decided dispute
~ Limits retrying same issues

Question 16

what are practice boundaries for nursing?

Answer 16

Nurse Practice Act
~ Defines boundaries for each state
~ General acts
~ Allow flexibility
~ Organizational Guidelines
` Cannot exceed state guidance
` Manager must be aware & ensure employees comply

All nurses must know state controls