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Simmons NURP 503 Exam 4 > 13: Legality and Ethics > Flashcards

13: Legality and Ethics Flashcards

1
Q

Who records all malpractice claims?

A

The National Practitioner Data Bank (NPDB)

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2
Q

T/F If you are served with a lawsuit, it’s smart to try and work things out with the plaintiff before getting lawyers involved.

A

False. If you are served with a lawsuit, call your professional insurer. Notify your institution or workplace. Do not contact the plaintiff!

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3
Q

Trials are rare and can lead to large awards. How do most cases end?

A

With negotiation and settlement.

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4
Q

T/F It is permissible to consider medical resources/education when applying standard.

A

True. Allowances can be made for community-based access and specialty.

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5
Q

The doing or not doing of an act, pursuant to a duty, that a reasonable person in the same or similar circumstances would do or not do and the acting or failing to act is the proximate cause of the injury to another person or to her property.

A

Negligence

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6
Q

Can a guardian say “no” to cancer treatment on behalf of a mentally retarded person?

A

Yes. Case was Superintendent of Belchertown State School v. Saikewicz (1977).

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7
Q

Legal term for violation of a statute.

A

Presumption of Negligence

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8
Q

This element examines the probability that the defendant’s action caused the harm and whether the harm would have occurred anyway. Was the act a substantial factor in the harm?

A

Actual Causation and Harm

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9
Q

What case established physician-patient confidentiality (and was later built on through HIPAA regs)?

A

Alberts v. Devine (1985)

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10
Q

T/F For malpractice claims, there must be failure to provide adequate care, but actual harm is not necessary so long as potential to cause harm is proven.

A

False. There must be proof of harm.

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11
Q

What are the elements of building a defense (7)?

A
  1. Duty existed/owed
  2. Actions reasonable/unreasonable
  3. Assumption of risk
  4. Contributory negligence
  5. Comparative negligence (If one event is comparable to another in causing harm, responsibility does not rest with one individual.)
  6. Statute of limitations
  7. Immunities relating to status (such as charitable institutions)
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12
Q

A dereliction from professional services resulting in injury, loss, or damages to the recipient of the services.

A

Malpractice

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13
Q

This must include an injury that occurred within the risk of what happened and the person who suffered within that risk.

A

Proximate Cause

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14
Q

T/F Federal law is the authority for professional practice.

A

False. State law is, though other sources do include federal agencies, private companies, and professional societies.

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15
Q

If care fell below an acceptable standard, this would be an example of what?

A

Breach of Duty. Standards are set per diagnostic profile. They can be written or unwritten.

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16
Q

T/F Plaintiff must suffer actual harm, including economic harm.

A

False. Must suffer personal injury, not simple economic harm.

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17
Q

Is negligence or malpractice covered under tort law?

A

Malpractice

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18
Q

Insurer/attorney begin document search.

A

Discovery

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19
Q

Can a court appointed guardian make medical decisions?

A

Yes. Case was Rogers v. Commissioner of the Department of Mental Health (1983).

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20
Q

The plaintiff must introduce proof of the existence of the _____ elements necessary for a malpractice claim.

A
  1. These are duty, breach, proximate cause, and harm.
21
Q

T/F Massachusetts statutes indicate that you must know when a patient is making a decision that is knowingly involuntary vs. one that practitioners simply don’t like.

A

True

22
Q

What evidence may be included in plaintiff’s case (4)?

A
  1. Medical records
  2. Policies/procedures
  3. Written standards
  4. Expert witnesses
23
Q

In 1970, Massachusetts established what to help weed out cases without merit?

A

Massachusetss Medical Malpractice Tribunal. Case filed with tribunal; three-member panel recommends whether to proceed. Plaintiffs can proceed without recommendation but must pay bond. Cases should proceed when there is real, evidentiary basis. Reform weeds out cases without merit.

24
Q

What are the 4 required elements of a malpractice lawsuit?

A
  1. Duty
  2. Breach
  3. Proximate Cause
  4. Harm
25
Q

Everyone involved is considered responsible until cause is defined.

A

Res Ipsa Loquitur

26
Q

What are common liability issues (6)?

A
  1. Relationship with client (failure to communicate, recognize patient is not listening).
  2. Failure to monitor/assess (may be responsible for missed diagnosis).
  3. Failure to refer (timely referral outside scope of practice).
  4. Medication errors.
  5. Documentation (fact-based, opinions should have clinical basis).
  6. Confusing legal/ethical standards.
27
Q

Primary or individual accountability within a reasonable person standard.

A

Legal standards

28
Q

What factors increase risk of lawsuits (10)?

A
  1. Deviation from standard of care
  2. Failure to show concern
  3. Failure to assess/diagnose/refer
  4. Failure to communicate
  5. Failure to follow chain of command
  6. Failure to follow policies and procedures
  7. Failure to understand/master equipment use
  8. Failure to document accurately
  9. Failure to obtain informed consent
  10. Competency issues (proxies)
29
Q

T/F The duty relationship is formal and present between the provider and patient only in the office setting.

A

False. It can be established in an informal setting, as well.

30
Q

A claim of _____ requires that there be a duty owed by one person to another, that the duty be breached, and that the breach causes an injury.

A

Negligence

31
Q

Job title, job description, policies, procedures, professional codes of conduct, professional standards of nursing practice, ethics, and occasional unwritten customary practice defines the legal _____.

A

Reasonable person standard

32
Q

A negligent act, or failure to act, committed in the course of professional performance.

A

Malpractice

33
Q

Failure to exercise the degree of care that a person of ordinary prudence would exercise under the same circumstances.

A

Negligence

34
Q

Who enforces rules and regulations?

A

Board of Nursing

35
Q

Why do legal requirements exist (2)?

A
  1. Assure health, safety, welfare of public

2. Protect integrity of profession

36
Q

Reps for plaintiff and defendant meet and ask questions.

A

Deposition

37
Q

T/F In jurisdictions where nursing negligence is not recognized as professional negligence, a legal expert may not be required.

A

True

38
Q

Nursing care standards vary based on what 5 things?

A
  1. State nursing practice acts and regulations
  2. Institutional policies and procedures
  3. Codes of professional and ethical conduct
  4. Professional associations
  5. Case law
39
Q

Once the defendant receives the document informing them of the suit (called service), how long until the answer is required?

A

Usually within 120 days

40
Q

T/F Medical malpractice requires expert testimony but ordinary negligence cases may not.

A

True

41
Q

Failure to provide care within the standard must be the _____ of the injury.

A

Proximate cause

42
Q

Legal and ethical rules are grounded in each state’s _____.

A

Nurse Practice Act

43
Q

What are the tenets of developing a personal risk management plan (5)?

A
  1. Understanding parameters of safe and effective practice
  2. Understanding health care team roles to practice within scope of practice
  3. Being clear and consistent in verbal and written communication skills
  4. Maintaining/updating nursing skills and competencies
  5. Considering professional insurance
44
Q

What is a preponderance of evidence?

A

This is what the plaintiff must prove to win. It is considered “50% plus a feather.”

45
Q

Relies on the judgment that the professional has failed to perform according to the minimum reasonable standards of the profession.

A

Malpractice

46
Q

In a medical malpractice case, expert testimony is required in what 3 areas?

A
  1. Duty
  2. Breach
  3. Causal Relationship
47
Q

Traditional standards defined by the degree of skill, care, and diligence exercised by nurses commensurate with the individual’s level.

A

Standards of Nursing Care

48
Q

T/F Nurses fall under Good Samaritan laws and so can offer assistance in emergencies without worry of lawsuits.

A

False. They do not fall under Good Samaritan laws, but they may offer duty in emergency circumstances without liability. However, if a nurse causes additional harm, they may not have immunity.

49
Q

The injury or wrongful act for which a civil action is brought.

A

Tort

Simmons NURP 503 Exam 4 (17 decks)

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