Week 6 lecture Flashcards

(56 cards)

1
Q

Legal rights and responsibilities: overview

A

Nurses may not knowingly administer or perform tasks that will harm a client

Nurse’s may refuse to carry out orders that would harm a client

Staff nurse is not licensed to make an order independently

Nurse Manager legally responsible for actions that fall within scope of practice of staff member that performed them

Scope of practice within a facility may be more narrow than the scope described in nurse practice act but should never be broader

Nurses have legal obligation to practice within your nurse practice act’s limits

Protect yourself by knowing your facility’s policies and nurse practice act

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2
Q

Common law

A

Law that results from previous legal decisions. Based on legal precedent

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3
Q

Statutatory law

A

law passed by a legislative body such as a state’s legislatute or US congress

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4
Q

Constitutional law

A

law that is included in the Constitution of the USA and its amendments

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5
Q

Administrative law

A

rules and regulations legally enacted to support some statutory law i.e., state nursing boards

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6
Q

Criminal law

A

public law, covers acts that are illegal and against the law. i.e. felony/misdemeanor

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7
Q

Civil law

A

public law, covers torts & contract laws

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8
Q

Torts

A

civil laws that address legal rights of clients and responsibilities of the nurse in nurse patient relationship. i.e. malpractice, negligence

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9
Q

Unintentional torts

A

malpractice & negligence

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10
Q

intentional tort

A

false imprisonment, assault, battery, breaches of confidentiality, slander

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11
Q

liability

A

Liability-vulnerability and legal responsibility. i.e. nurse is liable if fail to carry out provider’s order

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12
Q

Respondeat Superior

A

employers are legally responsible for acts of its employees

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13
Q

Negligence

A

unintentional tort, nurse fails to follow policies or standards of care in some manner that another reasonable nurse would do in the same situation

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14
Q

Malpractice

A

unintentional tort, specific type of negligence, violation of professional duty or a failure to meet a standard of care, or failure to use the skills and knowledge of other professionals in similar circumstances

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15
Q

Assault

A

intentional tort, threatening to touch a person without their consent

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16
Q

Battery

A

intentional tort, touching a person without their consent

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17
Q

false imprisonment

A

restraining, detaining/restricting a person’s freedom of movement. Restraint’s without an order would be an example

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18
Q

Defamation

A

making false statements about a person in writing or orally that leads to destruction of a persons reputation

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19
Q

Slander

A

oral defamation of character using false statements

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20
Q

Libel

A

written defamation of character using false statements

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21
Q

ID legal issues affecting staff and clients: licensure

A

must be currently licensed to practice within their state. failure or falsification is fraud and falls under intentional torts

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22
Q

The safeguarding of clients personal possessions and valuables

A

we are responsible for watching patients personal possessions and valuables. we must not borrow them either

facility has policy on how and where to store belongings - usually with name on bag and what is in bag

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23
Q

dif between malpractice and negligence

A

difference between these two is that if we can not clearly ID the elements as malpractice, then we ID it as negligence

24
Q

ID legal issues affecting staff and clients: mandatory reporting

A

legally mandated to report abuse, neglect, GSW, dog bites, and some communicable diseases, unsafe/illegal practices done by another HCP

25
ID legal issues affecting staff and clients: documentation
all forms of documentation considered legal documents
26
ID legal issues affecting staff and clients: acceptance of an assignment
can only accept assignments that are appropriate in terms of nurse practice act and our scope of practice. if you do not feel competent to perform, go up chain of command
27
ID legal issues affecting staff and clients: provision of staff and client education relating to legal issues
nurse managers assess staff members educational deficits and need then implement ways to correct it and then re-evaluate
28
ID legal issues affecting staff and clients: compliance with and adherence to other laws
nurses are expect to adhere to other national, state and local laws and regulations
29
Reviewing the facility policy, federal mandates, and state mandates for interpreter services
American with Disabilities Act of 1990 and Rehabilitation Act of 1973 Civil rights act 1964 Title VI Prohibition Against Discrimination Any organization or agencies receiving federal funding must provide interpreter services to those that need it
30
Reporting client conditions as required by law: legally required to report:
``` abuse/neglect GSW Dog bites Communicable diseases Illegal practices done by other HCP (unsafe or inappropriate) ```
31
Disciplinary action
State Board Nurse can face discipline if she endangers client's health, safety or welfare Board may formal reprimand, probation, suspend or refuse to renew license, or revoke license More action may include Probationary person, imposing a fine, restricting scope of practice Convicted of crime Punished for habitual use of or addiction to drugs or alcohol
32
Unprofessional Conduct
Falsifying or improperly altering client's records Negligently administering medications/treatments Performing tasks beyond state practice act Failing to take appropriate action to safe guard client Abandoning client Abusing a client verbally or physically
33
Performance improvement and risk management
Goal is to enhance and improve outcomes of care, insure client safety, increase efficiency of patient care, reduce costs, reduce risks and liability.
34
Client education
RN's have responsibility to educate all clients they provide care to RNs must work together to decide on best methods If discharge teaching is a concern for a discharged teachers then the nurse manager should be contacted to pursure the concern, not the staff No complaint should be ignored. Evaluating client education must happen in numerous settings
35
Budgeting: who's role?
nurse-manager provies unit budget for next chapter
36
What are the 3 budgets that a nurse manager must develop?
1. Capital = review annual, outlines equipment needs >$500 2. Operating = day to day of specified area, utilities, small equipment, continuing education and staff education 3. Personnel = cost of staffing the unit, must include salaries, potential raises, benefits
37
What does the nurse manager comply the new budget with?
complies budget using historical data, client population, staffing needs, equipment needs, accrediting agency requirements
38
What are variances projected based off?
Variance is projected based off of personnel costs, to minimize the variance they are advised to reduce outside agency personnel Overhead cost can be 60% or more for outside agency staff
39
Revenue over expenses in a nonprofit organization is what?
tax-exempt, usually reinvested into organization to improve services
40
What do for profit organizations do with extra revenue?
divide among stockholders or reinvest into organization
41
Performance evaluation: overview
Growth of staff = self-reflective approach, evaluation and goal setting Primary managerial role Doesn’t have to be fully agreed upon by staff Effective evaluation provides recognition of strengths, identifies area of improvement, clarifies expectations Done in private All components documented in writing Input from staff in preparing evals may be useful but the task cannot be delegated Peer evaluation may be done if in a systematic way with clear criteria, not an informal “vouching” Staff development is typically responsibility of employing institution
42
Benchmarking
This refers to the process of comparing client care practices in one organization to those in the best health care organization If a nurse-manager has contacts at what’s considered “best facilities” then they are most appropriate to obtain necessary information Nurse-manager should evaluate policies to determine if some shall be implemented at their facility and make recommendations for change with the staff May have staff form a task force Benchmarking saves time, effort, and allows information to be obtained from excellent resources.
43
Quality management
Continuous quality improvement, continually assess and evaluate effectiveness of client care
44
Quality improvement
- Involves performance improvement, performance evaluations with recommending ways to improve and promote professional growth
45
What is an example of quality management?
benchmarking
46
What needs to be done with incidents?
Incidents should be investigated, a plan shall be developed to minimize/eliminate risk of the incident reoccurring
47
Performance improvement committee
identify problems and recommends changes within the facilities policy. Procedure, or documentation in an effort to improve client care
48
Joint Commission
a private agency with established guidelines for hospitals and other health care facilities
49
Unit counsil
a group of individuals who represent nursing unit. | They voice concerns of other staff members
50
Role of Nurse-Manager
Is responsible for performance of staff Job description should define manager’s authority over specified group of employees & describe responsibilities Needs to continuously search for methods to improve quality of client care Has to think strategically, plan for changes before they occur as change is constant in health care Performance evaluations Must not ignore staff’s actions that deviate from accepted policy Never correct staff member in front of others- embarrasses nurse and isn’t professional
51
Roles of the nurse
Systematically enhances quality and effectiveness of nursing practice Demonstrate quality by documenting the application of nursing in an accountable and ethical manner Use results of quality-of-care activities to make changes in practice Use creativity and innovation to improve care delivery Participate in quality improvement activities Help identify areas for quality monitoring Collect and analyze quality data Assists in developing polices, procedures and guidelines Participate on teams or committees Maintain personal record of competency and continued learning activities Engage in self-evaluation Take action to achieve goals identified in performance evaluation
52
Referrals
Contacts initiated by nurse or other team member to meet the needs of the client.
53
Recognizing the Need for Referrals and Obtaining Necessary Orders
Nurses assess clients to determine need for referrals for actual or potential problems. Other healthcare team members can also do this. When a need is discovered then internal or external resources sought. When a referral is made the medical data & information needed in order to provide the requested/needed care is shared with the person/department/community resource that is accepting the referral
54
ID community resources for the client
``` Crisis intervention Anger management programs Social services --> Uninsured, Meals on Wheels Respite Self-help groups Housing Transportation Elder day care/in home care for elderly Parenting resources ```
55
Abuse overview
Support services for abusers and victims Temporary housing – shelter --> Victim may be able to stay with friend or family member Social workers may be able to offer suggestions on housing Police department called to collect evidence if the client wants to press chargers against abuser If child then law requires nurse to file a report with government family-service agency Nurse needs to evaluate abuser’s ability to handle stress Nurse may be able to refer abuser to local or state agency that can offer help Abuser poses a continued threat to others and needs help to understand behavior and how to change it If abuser of a child a local Parents Anonymous group may be helpful --> Self-help group made up of former abusers, attempts to help abusing parents by teaching them how to handle their anger
56
Telephone hotlines
Crisis intervention services give abusers someone to talk to when stressed and in crisis. May help prevent abuse Typically staffed by volunteers. Offers a way to connect those wanting help with trained counselors Self-Help Groups Provides help in a crisis, members may be able to prevent an abusive incident Being familiar with local and state resources allows the nurse to respond quickly and authoritatively when an abuser or victim needs your help.