Terms And Laws Flashcards
(16 cards)
What is the process of legal proceeding if a patient takes staff to court
Litigation - The process of trying to bring a lawsuit
Plaintiff - The person bringing the suit
Defendant - Person being accused of a crime

Private law
Government is directly involved
The government regulates relationships between individual and government
Criminal law
State and federal criminal statues
Criminal actions such as murder or theft
Crime
Wrong committed against a person or the persons property as well as the public
Misdemeanor- Punishable by fines or less than one year imprisonments
Felony - punishable by imprisonment for more than 1 year
Tort; tried in civil court
Wrong committed by a person against another person or that person’s property
Intentional - Violates the other person’s right such as battery, assult, false imprisonments Defamation of character, Fraud, invasion of privacy
Unintentional- non willful (Negligence, malpractice)
Common negligent acts
Failure to assess and or monitor, including nursing diagnosis
Failure to use proper equipment to monitor the patient
Failure to document the Monitoring
Failure to notify the healthcare provider of problems
Failure to follow orders
Failure to follow the six rights of medication administration
Failure to convey discharge instructions
Failure to ensure patient safety, especially for patients of high risk, risk of falling and are heavily sedated, patients with equilibrium problems, patients who are frail, patients who are mentally impaired, patient to get up in the night and patients who are uncooperative
Failure to follow policy and procedure
Failure to properly delegate and supervise
What is proof of negligence
Duty nurse owes to the patient
Breach of duty - The nurse did not carry out his or her duty to the patient 
Causation- patient is injured
Damages - Patient injury was caused by the nurses failure to carry out their duty
What are some ways to have a safe nursing practice
Develop communication skills with patient
Respect the legal boundaries of practice
Owning your own personal strengths and weaknesses
Keeping current in nursing knowledge and skills
Keeping careful documentation
Follow policy and procedure
Respecting patient rights and develop rapport with a patient
Evaluate propose assignments
What is all contained in a incident report
Name of person and name of witnesses
Factual account of incident
Date, time, and place of incident
Any pertinent characteristics of person involved
All equipment or resources that were being used
Any other important variables
Documentation by physicians of medical examination of person involved
Do you have placed the incident report in the medical chart/record
Four sources of law
Constitution- serve as guide to legislative bodies
Statutory law - enacted by legislative body
Administrative law - empowered by executive officers
Common law - judiciary system reconciles controversies
Invasion of patient privacy
Unnecessary exposure of patient while moving them through a quarter or while caring for them and rooms they share with others
Talking with patient in room that are not soundproof
Discussing patient information with people not entitled to the information, such as patient employer, press or patient family if not authorized to do so
Pressing the patient for information not necessary for Care planning
Interacting with the patient’s family and Ways not authorized by the patient
Using tape recorders, dictating machines computers and the lake without taking precaution to ensure the patient confidentiality
Preparing written or oral class assignment about patients without concealing their identity
Carrying out research without taking proper precautions to ensure the anonymity of patient 
Verbal and telephone orders
All verbal and telephone order should be signed within 24 hours by provider
Limit telephone orders to true emergency situation when there’s no alternative
Always repeat back the telephone order to providers to confirm order
When Documenting the order, time and date, the situation regarding the order, the provider prescribing the order, reconfirm the order, and your name name, And whether it is a verbal order or telephone order
Reasons for getting a nursing license suspended or revoked
Drug or alcohol abuse
Fraud or deceptive practice
Criminal acts
Previous disciplinary actions
Gross or disciplinary negligence
Physical or mental impairment, including age
Due cause for revoking license
OSHA legal requirements
The following situation could violate standard of care is not taken, because of the potential threat to worker safety. 60 put in place for workers who may be exposed to blood-borne pathogen’s
Use of electrical equipment
Use of isolation techniques for patient with infectious disease and the management of contaminated equipment and supplies
Use of radiation, such as infrared or ultraviolet radiation, sound or radio waves and laser beams
Use of chemicals such as those that are toxic or flammable 
Informed consent
Disclosure - patient has been informed of the procedure, the risk after procedure, and the benefits, and all alternatives including option of non-treatment, and the fact that no outcomes are guaranteed
Comprehension - The patient can correctly repeat in his or her own words that for which the patient is giving consent
Competence - The patient understands the information needed to make this decision and is able to reason in a chord with a consistent set of values and can communicate a preference.
Patient meets the above criteria, patient is free from undo emotional stress and conflict of interest
Voluntariness - Patient is voluntary consenting or if using Care has been taken to avoid manipulative and coercive influences
Categories of malpractice claims
Failure to follow standards of care
Failure to use equipment in responsible manner
Failure to assess and monitor patient
Failure to communicate
Failure to document
Failure to act as a patient advocate
