Ch. 23 Legal Implications In Nursing Practice Flashcards
Battery
Any intentional touching without consent
Civil laws
Protect the rights of individuals within our society and provide fair and equitable treatment when civil wrongs or violations occur
Common-law
Results from judicial decisions made in courts when individual legal cases are decided. Example)informed consent, patient right to refuse treatment, negligence, malpractice
Criminal law
Protect society as a whole and provide punishment for crimes which are defined by municipal, state, and federal legislation
Credentialing
Process of establishing the qualifications of licensed professionals, organizations, organizational members, and assessing their background and legitimacy
Felony
Crime of a serious nature that has a penalty of imprisonment for longer than one year or even death
Misdemeanor
Less serious crime that has a penalty of a fine or imprisonment for less than one year
Defendant
A person or entity accused of a crime
Defamation of character
Publication of false statement that results in damage to a person’s reputation
Euthanasia
The act or practice of killing someone who is very sick or injured in order to prevent any more suffering
False imprisonment
A restraint of a person in a bounded area without justification or consent
Fraud
A deliberate deception to secure unfair or unlawful gain
Incident report
A form that is filled out in order to record details of an unusual event that occurred at the facility
Informed consent
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
Invasion of privacy
The intrusion into a personal life of another without cause
Liability
The state of being responsible for something
Libel
The written false statement about a person that damages there reputation
Litigation
The process of taking legal action
Living will
Written documents that directs treatment in accordance of the patient’s wishes in the event of a terminal illness or condition
Malpractice
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
Negligence
Conduct that falls below the standard of care
Nurse practice act
Describe and define the legal boundaries of nursing practice within each state
Plaintiff
Person who brings case against another in the court of law
Tort
Civil wrong made against a person or property
Slander
Occurs when one speaks falsely about another
Standards of care
Legal requirements for nursing practice that describes minimum acceptable nursing care
Witness
Person who sees a crime
ANA standards of nursing practice
1) assessment
2) diagnosis
3) outcome identification
4) planning
5) implementation
6) evaluation
The difference between tort and crime?
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
Privileged communication
Only sharing patient information with patient, position, and personnel who care for patient, and who the patient states information can be given to.
Essential elements for a informed consent?
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
Groups of people who cannot provide consent?
Children under 18
Unconscious
The mentally ill
What is the nurses responsibility in obtaining consent from groups that cannot provide consent?
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
What is the nurses responsibility in obtaining informed consent from competent adult?
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.
Describe procedure to follow when client is in injured
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
Good Samaritan law
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
How do nursing students minimize chance for liability?
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.
What are the legal precautions for nurses?
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
Malpractice (liability) Insurance
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
Collective-bargaining
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
Americans with disabilities act
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.
Emergency medical treatment and active labor act
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.
Mental health parity act
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
Advance directives
Include living wills, healthcare proxies, and durable power of attorney for healthcare.
Health care proxy or durable power of attorney for healthcare
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
Uniform anatomical gift act
A person who is at least 18 years of age has the right to make an organ donation.
National organ transplant act
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
Health insurance portability and accountability act
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.
Restraints can be used for what reasons?
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
Public health laws
Protection of public health,advocating for the rights of people, regulating healthcare and healthcare financing, and ensuring professional accountability for care provided
The uniform determination of death act
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
Autopsy is needed when?
When a patient’s death has occurred under suspicious circumstances or if the patient died within 24 hours of admission to the healthcare facility
The Oregon death with dignity act
The first statute that permitted physician or healthcare provider assisted suicide
Patient self-determination act
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
Assault
Any action that places a person in apprehension of a harmful or offensive contact without consent
Statutes
Laws created by legislative bodies
Ex)US Congress, state legislators
Regulatory or administrative law
Constructed by administrative bodies
Ex)duty to report anything unethical
Respondent superior
Employer is held responsible for any negligence
Mentally or emotionally incompetent patients
Declared incompetent
Unconscious
Under influence of chemical agents
Chronic dementia or other mental deficiency
Dependently functioning
Functioning with a physicians order
Interdependently functioning
Primary healthcare providers order and The nurse makes a judgment on the order
Ex) prn orders or diets that say advance as tolerated
