Week 5: Part 2: Legal Issues in Nursing

Question 1

Laws created by judges

Answer 1

Common law

Question 2

laws created by congress

Answer 2

Statutory law

Question 3

What are the federal states

Answer 3

1. Emergency Medical Treatment and Active Labor Law (EMTLA)- 1986
2. Americans with Disabilities Act of 1990
3. Patient Self-Determination Act of 1990
4. Health Insurance Portability and Accountability Act of 1996
5. Whistleblower protection

Question 4

what is title 42

Answer 4

Defines minimal standards of
care for hospitals to receive money from
Medicare (Centers for Medicare & Medicaid
Services (CMS)

Question 5

never events will ________ money for hospitals

Answer 5

decrease

Question 6

A civil wrong

Answer 6

a tort

Question 7

Failure to act as reasonably prudent nurse

Answer 7

negligence

Question 8

type of negligence that causes harm to a patient

Answer 8

malpractice

Question 9

4 Essential Elements to Prove Negligence

Answer 9

1. A duty was owed to the patient= nurse accepts patient assignment
2. There was a breach of the duty
3. The actions of the nurse caused actual harm to the patient= actual harm was shown
4. Proximate cause: direct cause and effect i.e.
   Evidence shows the nurse did not meet the standard of care and this caused a patient injury

Question 10

Nurse-Patient Ratios
American Nurses Association (ANA):
“Safe Staffing Saves Lives Campaign” (2008)
ANA: Safe Staffing Act (2014)

Answer 10

requires hospitals with Medicare & Medicaid reimbursement to develop safe staffing plans or Federal government can withhold money

Question 11

_________ first state to enact law for minimum nurse-patient ratios in acute care

Answer 11

California

Question 12

First step in reporting abuse is to call __________ is there is a issue within the chain of command

Answer 12

The State Board of Nursing

Question 13

________regulate standards for nursing homes, hospitals, and rehabilitation centers i.e. staffing, obtaining major equipment, patient’s rights, and informed patient consent

Answer 13

State Laws

Question 14

Goal is to use the ______restrictive restraint when all other strategies to ensure patient safety are exhausted.

Answer 14

least

Question 15

Living will must be

Answer 15

dated, signed, and witnessed

Question 16

IF a patient is leaving AMA the nurse must

Answer 16

Nurse must immediately notify health care provider, inform patient of dangers of leaving i.e. aggravate current condition, affect future care, result in permanent physical injury, potential complications.

Question 17

If an eldery or impaired pt is leaving AMA the nurse must

Answer 17

notify the family members

Question 18

Direct violation of patient’s rights:

Answer 18

Assault and battery
Defamation of character
False Imprisonment
Infliction of Emotional Distress
Invasion of privacy

Question 19

Documentation should include:

Answer 19

Direct quotations from the patient, family, or
visitors
Data that is gathered
Actions taken
Individuals notified about concerns and
issues
Evaluation of actions

Question 20

Pt. entered hospital with abscessed tooth
Dr. determined she needed tracheostomy
Pt. receiving antibiotics for infection
While sister visiting pt., trach began to bleed
     and she called for help
Nurses did not know how to manage trach
Anesthesiologist called to clear airway
Pt. suffered permanent brain damage
Pt. sued hospital for damages

Answer 20

negligence

Question 21

common law established the current standard of care which states

Answer 21

a nurse must prevent harm to patients

Question 22

Emergency medical treatment and active labor law states

Answer 22

must treat the patient even if no insurance…….. no matter what unless they say no
In an emergency you must tx

Question 23

American with disabilities Act states

Answer 23

A patient with disabilities must be provided assistive devices

Question 24

Patient self determination act of 1996

Answer 24

A patient has the right to make their own decisions about their care

Question 25

Health insurance portability and accountability act of 1996

Answer 25

HIPPA:
federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.

Question 26

Whistleblower protection Act

Answer 26

protects federal whistleblowers who work for the government

Question 27

If a nurse moves states the new state will check you record of practice and they are allow to because of the __________

Answer 27

Violations of nurse practice act