Legality of Nursing

Question 1

Laws

Answer 1

Man-made rules that regulate human social conduct in a formally prescribed and legally binding manner.

Question 2

Hierarchy of Law

Answer 2

Natural Law to
Criminal and Civil to
Statutory and Common to
Criminal: Felony and Misdemeanor
Civil: Contract, Treaty, Marriage, Tort

Question 3

Natural Law

Answer 3

: the inherent tendency that humans have to take actions that follow our nature and purpose as human beings; based on the idea to promote good and avoid evil.
Aimed at the preservation of society
Basic concepts similar to those found in the deontological ethical system

Question 4

Criminal Law

Answer 4

law that regulates conduct considered offensive against the general public because it harms the welfare of society as a whole.
Murder, robbery, rape, larceny, embezzlement, and so on
Prosecuted by the state, not by individuals

Question 5

Statutory Law

Answer 5

arises from formal legislative enactments or from other legal entities with legislative power

Question 6

Common Law

Answer 6

law regulating human social conduct as expressed in judicial decisions that interpret cases raised in disputes taken to court.
Based on precedent
Uniquely American

Question 7

Felony

Answer 7

crime of a serious nature that usually carries a penalty of imprisonment of more than 1 year, fine of more than $10,000, or death

Question 8

Misdemeanor

Answer 8

crime of a less serious nature than a felony; punishable by a fine of less than $10,000; jail time less than 1 year.
Level of crime is determined by the legislature

Question 9

Civil Law

Answer 9

protects the legal rights and enforces the legal duties of private persons (or groups of persons).

Question 10

Examples of Civil Law

Answer 10

Contract law
Treaty law
Marriage law
Tort law

Question 11

Tort Law 3 types

Answer 11

Intentional
Quasi-intentional
Unintentional

Question 12

Intentional Tort

Answer 12

willful acts that violate another person’s rights or property—usually physical acts; may result in a crime.

Question 13

Assault

Answer 13

: saying or doing something that will make a person genuinely fear that he or she will be touched without consent (threat).

Question 14

Battery

Answer 14

unconsented touching of a person, or anything he or she is wearing or holding, or anything that is attached to him or her, without the person’s permission; does not have to cause injury.

Question 15

False Imprisonment

Answer 15

making a person stay in a place against his or her wishes; can be verbal, physical, or chemical.

Question 16

Intentional infliction of emotional distress

Answer 16

use of extreme or outrageous conduct that causes severe emotional distress in the patient or family.

Question 17

Conversion of property

Answer 17

interference by the nurse with the right to possession of the patient’s property by either intermeddling or destroying the property.

Question 18

Intentional Torts mean

Answer 18

Assault
Battery
False imprisonment
Intentional infliction of emotional distress
Conversion of property

Question 19

Quasi-intentional tort

Answer 19

violation of a person’s reputation, personal privacy, or freedom from malicious or unfounded legal prosecution.
Have characteristics of both intentional and unintentional torts
Principles of law for intentional torts apply
Often deal with communication issues

Question 20

Defamation of character

Answer 20

the sharing of information that unintentionally harms a person’s reputation.

Question 21

Slander

Answer 21

oral defamation of character that is intentional and malicious.

Question 22

Libel

Answer 22

written defamation of character that is intentional and malicious.

Question 23

Invasion of privacy

Answer 23

violation of a person’s right to keep information about self, family, and property from public scrutiny.
Not an absolute right—can and may be required by law to be breached in certain situations such as child, spousal, or elder abuse; gunshot wounds; knife wounds; rape; communicable diseases; suspected crimes.
always have a witness when doing intimate clinical settings

Question 24

Breach of confidentiality

Answer 24

revealing information obtained from privileged communication.

Question 25

Privileged communication

Answer 25

exists in certain professional relationships where its violation would destroy trust and confidence in the professional. Physician-patient Lawyer–client Priest–penitent

Question 26

Unintentional tort

Answer 26

wrong occurring to another person leading to injury even though it was not intended.

Question 27

Negligence

Answer 27

failure to act as a reasonable and prudent person would act in the same situation (standard).

Question 28

Malpractice

Answer 28

professional negligence; failure to act as a competent and caring nurse (higher standard). To prove malpractice, the patient must show A wrong occurred because of a professional’s failure to act as a reasonable and prudent professional would have acted in the same situation.

Question 29

Unintentional tort 3 essential characteristics

Answer 29

Professional capacity Demonstrated caused by failure to act as a reasonable and prudent professional

Question 30

Legal liability

Answer 30

if a person is found guilty of any tort; generally results in the payment of damages.

Question 31

Compensatory damages

Answer 31

actual costs incurred because of the negligent act.

Question 32

Punitive damages

Answer 32

money awarded beyond the compensatory damages to “punish” the violator and send a message that this behavior is unacceptable; tend to much greater amounts of money.

Question 33

Patients must prove what to show legal liability

Answer 33

A duty to use care as defined by a standard of care (local vs. national standards) Failure to meet that standard of care Foreseeability of harm Actual harm to the patient

Question 34

If a condition is missing from the legal liability then

Answer 34

no lawsuit

Question 35

Personal liability

Answer 35

each professional is responsible for his or her own actions.

Question 36

Supervisor liability

Answer 36

supervisors are responsible for the actions of those working under their direction.

Question 37

Employer liability

Answer 37

employers can be held responsible for actions committed by employees.

Question 38

Employer responsibilities include

Answer 38

Hiring qualified persons Maintaining a safe work environment Providing supervision and direction of employees Providing education

Question 39

Common Causes for Malpractice Suits

Answer 39

Burns Falls Failure to observe and take appropriate actions Med and injection errors RN dispensing meds Mistaken id Failure to communicate and not informing MD of pt problems Abandonment Loss of damage to pt property Left in pt during surgery Lacked of informed consent Statute of limitations

Question 40

Informed consent needs to be

Answer 40

voluntary **Physician job to get consent bc explain the procedure **

Question 41

If it is an emergency, no one is conscious, and a medical attorney is unavailable, can you go to emergency surgery?

Answer 41

yes, if 2 doctors need to sign for informed consent

Question 42

If the pt does not understand the surgery, then the nurse

Answer 42

tells the doctor to come explain it to them before they sign consent

Question 43

What needs to be provided to have informed consent?

Answer 43

Treatment proposed Material risk involved (potential complications) Acceptable alternative treatments Outcome hoped for Consequences of not having treatment

Question 44

Pt self-determination act

Answer 44

inform clients of their right to prepare advance directives. **This eases the burden on their families and providers when it comes time for a decision.**

Question 45

Advance directives

Answer 45

discuss and document their wishes concerning the type of treatment and care that they want (i.e., life-sustaining treatment) in advance.

Question 46

Living will

Answer 46

accept or refuse after the client is no longer competent or able to make that decision.

Question 47

Medical Power of attorney

Answer 47

another person to make health-care decisions for a person if the client becomes incompetent or unable to make such decisions.

Question 48

Suit prone nurses

Answer 48

insensitive to pt needs undereducated overconfident authoritarian inflexible pre-occupied with personal issues

Question 49

In adult cases you have how long to report a lawsuit

Answer 49

2 years

Question 50

Protect Yourself

Answer 50

don't criticize other professianls stay within scope of practice definite about instructions extra precautions with phone orders monitor supervised care check equipment if in doubt, STOP! watch for adverse outcomes if suspect a lawsuit, notify insurance and only talk to lawyer don't tell pt you have malpractice insurance

Question 51

Be aware of

Answer 51

hospital policies