Powerpoints and Notes Flashcards
(217 cards)
For negligence to be charged, ____________ must occur.
Actual Harm
What are compact agreements?
Multi-state licensure
What are the Nurse Practice Acts?
Defines what your scope of practice is, which thereby protects the public.
What is negligence?
Failure to act in a reasonable and prudent matter (misconduct of practice below the standard.)
What is malpractice?
Type of negligence. Failure of a professional, a person with specialized education and training, to act in a reasonable and prudent matter.
What is the difference between negligence and malpractice?
Negligence can occur with UAP’s and professionals, but Malpractice is when a professional (Dr., lawyer, dentist, & generally nurses) is negligent.
What 6 things need to occur for malpractice to be charged?
Duty, Breach of Duty, Foreseeability, Causation, Harm or Injury, & Damages.
What is duty?
The nurse must have (or should have had) a relationship with the client that involves providing care and following an acceptable standard of care.
What is breach of duty?
A standard of care that is expected in the specific situation, but that the nurse did not observe; This is the failure to act as a reasonable, prudent nurse under the circumstances.
What is foreseeability?
A link that must exist between the nurse’s act and the injury suffered.
What is causation?
A fact that must be proven that the harm occurred as a direct result of the nurse’s failure to follow the standard of care and the nurse could have (or should have) known that failure to follow the standard of care could result in such harm.
What is harm (injury)?
The client or plaintiff must demonstrate some type of harm or injury (physical, financial, or emotional) as a result of the breach of duty owed the client; the plaintiff will be asked to document physical injury, medical cost, loss of wages, “pain and suffering,” and any other damages.
What is damage?
If malpractice caused the injury, the nurse is held liable for damages that may be compensated.
What is the most frequent allegation of nursing negligence?
Medication errors!!! (Wrong dose, wrong route, not clearly identifying the patient, etc.)
What is liability?
Asserts that every person is responsible for the wrong or injury done to another resulting from carelessness.
What is personal liability?
Requires the nurse to assume responsibility for patient harm or injury that is a result of his/her negligent acts. Nurses cannot be relieved of liability by another professional such as a physician or nurse manager.
What are the three types of consent?
Informed, Express, and Implied.
What is informed consent?
An agreement by a client to accept a course of treatment or procedure after being provided complete information, including benefits and risks of Tx; alternatives to Tx; and prognosis/outcome.
What is express consent?
Oral or written.
What is implied consent?
Exists when the client’s nonverbal behavior indicates agreement.
What three groups cannot provide consent?
Minors, unconscious clients, and the mentally ill.
What is the nurse’s role in obtaining consent?
The provider CANNOT delegate the duty to the RN.
If a nurse has reason to believe that the pt has not been given informed consent, the provider should be immediately notified.
In NO CASE should the nurse attempt to convey information required for informed consent.
What does the nurse’s signature confirm?
The client gave consent voluntarily.
The signature is authentic.
The client appears competent to give consent.
What act requires that federally funded hospitals (medicare, medicaid) inform adult pts in writing about their right to make treatment choices and to ask pts if they have a living will or durable power of attorney for health care?
Patient Self-Determination Act of 1990.