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Legal Aspects Of Nursing > Ch. 23 Legal Implications In Nursing Practice > Flashcards

Ch. 23 Legal Implications In Nursing Practice Flashcards

1
Q

Battery

A

Any intentional touching without consent

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2
Q

Civil laws

A

Protect the rights of individuals within our society and provide fair and equitable treatment when civil wrongs or violations occur

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3
Q

Common-law

A

Results from judicial decisions made in courts when individual legal cases are decided. Example)informed consent, patient right to refuse treatment, negligence, malpractice

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4
Q

Criminal law

A

Protect society as a whole and provide punishment for crimes which are defined by municipal, state, and federal legislation

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5
Q

Credentialing

A

Process of establishing the qualifications of licensed professionals, organizations, organizational members, and assessing their background and legitimacy

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6
Q

Felony

A

Crime of a serious nature that has a penalty of imprisonment for longer than one year or even death

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7
Q

Misdemeanor

A

Less serious crime that has a penalty of a fine or imprisonment for less than one year

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8
Q

Defendant

A

A person or entity accused of a crime

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9
Q

Defamation of character

A

Publication of false statement that results in damage to a person’s reputation

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10
Q

Euthanasia

A

The act or practice of killing someone who is very sick or injured in order to prevent any more suffering

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11
Q

False imprisonment

A

A restraint of a person in a bounded area without justification or consent

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12
Q

Fraud

A

A deliberate deception to secure unfair or unlawful gain

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13
Q

Incident report

A

A form that is filled out in order to record details of an unusual event that occurred at the facility

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14
Q

Informed consent

A

A person’s agreement to allow something to happen such as surgery or in invasive diagnostic procedure, based on a full disclosure of risks, benefits, alternatives, and consequences of refusal

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15
Q

Invasion of privacy

A

The intrusion into a personal life of another without cause

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16
Q

Liability

A

The state of being responsible for something

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17
Q

Libel

A

The written false statement about a person that damages there reputation

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18
Q

Litigation

A

The process of taking legal action

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19
Q

Living will

A

Written documents that directs treatment in accordance of the patient’s wishes in the event of a terminal illness or condition

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20
Q

Malpractice

A

One type of negligence often referred to as professional negligence.

1) nurse owed a duty
2) nurse did not carry out duty
3) patient was injured
4) failure to carry out duty caused injury

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21
Q

Negligence

A

Conduct that falls below the standard of care

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22
Q

Nurse practice act

A

Describe and define the legal boundaries of nursing practice within each state

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23
Q

Plaintiff

A

Person who brings case against another in the court of law

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24
Q

Tort

A

Civil wrong made against a person or property

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25
Q

Slander

A

Occurs when one speaks falsely about another

26
Q

Standards of care

A

Legal requirements for nursing practice that describes minimum acceptable nursing care

27
Q

Witness

A

Person who sees a crime

28
Q

ANA standards of nursing practice

A

1) assessment
2) diagnosis
3) outcome identification
4) planning
5) implementation
6) evaluation

29
Q

The difference between tort and crime?

A

Tort-against a person or their property, punishment maybe Jill or payment to that person. Ex) Jack punches Joe’s window
Crime – state or federal wrong. Punishment is jail or fines. Ex) Jack sells Joe drugs.
Occurrence might be both tort and crime

30
Q

Privileged communication

A

Only sharing patient information with patient, position, and personnel who care for patient, and who the patient states information can be given to.

31
Q

Essential elements for a informed consent?

A

1) brief, complete explanation of procedure or treatment
2) names in qualifications of persons performing and assisting
3) received description of serious harm that may occur
4) right to refuse

32
Q

Groups of people who cannot provide consent?

A

Children under 18
Unconscious
The mentally ill

33
Q

What is the nurses responsibility in obtaining consent from groups that cannot provide consent?

A

Children – legal parents or guardian
Unconscious – whoever is legally authorized to give consent on patient’s behalf
Mentally ill – court has to determine if they are competent to decide for themselves

34
Q

What is the nurses responsibility in obtaining informed consent from competent adult?

A

Make sure they understand procedure, have them sign consent, witness signature of patient and make sure they are competent to sign.

If patient refuses make sure patient signs rejection form, if patient doesn’t understand call physician to come talk to them.

35
Q

Describe procedure to follow when client is in injured

A

Inform charge nurse/supervisor, fill out an incident report, (only what you saw and what you did, only facts no assumptions)
do not state inpatient file that a report was filed

36
Q

Good Samaritan law

A

Providing emergency assistance to an accident scene. Encourages healthcare providers to assist in emergencies. Limit liability and offer legal immunity as long as you act without gross negligence. (Can only provide care that is within your scope.) Must stay with the patient until they are safely with EMS or in the emergency department

37
Q

How do nursing students minimize chance for liability?

A

Make sure they are prepared to carry out necessary care. Ask for additional help or supervision when feel inadequately prepared. Comply with policies of the agency. Comply with policies of the nursing school.

38
Q

What are the legal precautions for nurses?

A

Function with in scope
Follow policies at agency
observe and monitor patient accurately
communicate and record significant changes to physician
check orders that client questions
Protect client from files and prevent injuries
document
ask for assistance
delegate tasks to persons with skills, knowledge, scope
build in maintain good rapport with patient

39
Q

Malpractice (liability) Insurance

A

Provides for a defense when a nurse is in a lawsuit involving professional negligence or medical malpractice. Insurance company pays for any judgment or settlement of the case and for the attorneys fees generated in the representation of the nurse

40
Q

Collective-bargaining

A

A process between employers in employees to reach an agreement regarding the rights and duties of people at work
Ex)pay, hours, training, health and safety

41
Q

Americans with disabilities act

A

Broad civil right statute that protects the rights of people with physical or mental disabilities. Prohibits discrimination and ensures for persons with disabilities equal opportunities in employment, state and local government services, public accommodations, commercial facilities, and transportation.

42
Q

Emergency medical treatment and active labor act

A

Provides that when a patient comes to the emergency department or the hospital and Appropriate medical screening within the capacity of the hospital occurs. If an emergency condition exists the hospital is not to discharge or transfer the patient until the condition is stabilized.

43
Q

Mental health parity act

A

Forbids health plans from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits

44
Q

Advance directives

A

Include living wills, healthcare proxies, and durable power of attorney for healthcare.

45
Q

Health care proxy or durable power of attorney for healthcare

A

A legal document that designates a person or persons of one’s choosing to make healthcare decisions when a patient is no longer able to make decisions on his or her own behalf

46
Q

Uniform anatomical gift act

A

A person who is at least 18 years of age has the right to make an organ donation.

47
Q

National organ transplant act

A

Prohibits the purchase or sale of organs. Provides civil and criminal immunity to the hospital and healthcare provider who performs in accordance with the act

48
Q

Health insurance portability and accountability act

A

It protects individuals from losing their health insurance when changing jobs by providing portability. It allows employers to change jobs without losing coverage as a result of pre-existing coverage exclusion as long as they have had 12 months of continuous group health insurance coverage.

49
Q

Restraints can be used for what reasons?

A

To ensure the physical safety of a resident or other residents
When less restrictive interventions are not successful
Only on the written order of the healthcare provider

50
Q

Public health laws

A

Protection of public health,advocating for the rights of people, regulating healthcare and healthcare financing, and ensuring professional accountability for care provided

51
Q

The uniform determination of death act

A

The cardiopulmonary standard requires irreversible cessation of circulatory and respiratory functions.
The whole brain standard requires a reversible cessation of all functions of the entire brain including the brainstem

52
Q

Autopsy is needed when?

A

When a patient’s death has occurred under suspicious circumstances or if the patient died within 24 hours of admission to the healthcare facility

53
Q

The Oregon death with dignity act

A

The first statute that permitted physician or healthcare provider assisted suicide

54
Q

Patient self-determination act

A

Requires all Medicare and Medicaid provider organizations to do:
Inform patients of their rights
Document patient’s wishes
Not discriminate against persons
Insurance that legally valid advanced directives and documented that medical care wishes are implemented
Provide educational programs for staff patients and community

55
Q

Assault

A

Any action that places a person in apprehension of a harmful or offensive contact without consent

56
Q

Statutes

A

Laws created by legislative bodies

Ex)US Congress, state legislators

57
Q

Regulatory or administrative law

A

Constructed by administrative bodies

Ex)duty to report anything unethical

58
Q

Respondent superior

A

Employer is held responsible for any negligence

59
Q

Mentally or emotionally incompetent patients

A

Declared incompetent
Unconscious
Under influence of chemical agents
Chronic dementia or other mental deficiency

60
Q

Dependently functioning

A

Functioning with a physicians order

61
Q

Interdependently functioning

A

Primary healthcare providers order and The nurse makes a judgment on the order
Ex) prn orders or diets that say advance as tolerated

Legal Aspects Of Nursing (2 decks)

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