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Gero Exam 1 > CH 8: Legal Issues > Flashcards

CH 8: Legal Issues Flashcards

1
Q

what is public law

A

Governs relationships b/w private parties and the government
Criminal law and regulation of organizations

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2
Q

example of public law

A

Scope of nursing practice and requirements of licensure with state

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3
Q

who decides voluntary standards

A

Gerontological Nursing: Scope and Standards of Practice

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4
Q

nursing care/performance deviates from standards of care

A

malpractice

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5
Q

example of malpractice

A

Identifying a medical emergency and not reporting it, forgetting to turn a client and they develop pressure ulcers, improper use of ergonomics causing a fall

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6
Q

a person has resumed responsibility

A

duty

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7
Q

failure to conform to a standard of care

A

negligence

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8
Q

physical/mental harm with violation of rights

A

injury

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9
Q

Deliberate threat or attempt to harm another person

A

assault

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10
Q

Unconsented touching of another person in a socially impermissible manner or carrying through with assault

A

battery

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11
Q

Oral (slander) or written (libel) communication to a third party that damages a person’s reputation; doesn’t exist if the statement is true and made in good faith

A

defamation of character

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12
Q

Unlawful restraint or detention of a person
Improper use of restraints or preventing someone to leave (exceptions)

A

false imprisonment

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13
Q

Willful and intentional misrepresentation causing harm

A

fraud

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14
Q

Invading the right of an individual to personal privacy (exceptions)

A

invasion of privacy

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15
Q

Unlawful taking of another person’s possessions

A

larceny

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16
Q

Omission/commission of an act that departs from acceptable standards

A

negligence

17
Q

ways to reduce risk of malpractice

A

Be familiar with nurse practice act
Keep current with policies and procedures of the organization
Do not allow access to PHI without consent
Consult with provider if an order is unclear
Avoid social media in the workplace
5 rights during medication administration
Know credentials of those you are delegating to
Report hazards and broken equipment
File an incident report
Attend continuing education programs

18
Q

what is included in confidentiality

A

HIPAA provides patients with access to their medical records and control over how their PHI is used and disclosed
Goal is to protect privacy
Be familiar with policies and procedures to protect client’s privacy

19
Q

nurses role with medication

A

Nurses are responsible for safe administration of meds, NOT preparing, compounding, dispensing and retailing meds

20
Q

factors included in consent

A

Client must know full implications of procedure and make independent decision to have it done
Mentally incompetent can’t give consent
Must be obtained before performing any medical/surgical procedure; if not, considered battery

21
Q

when do you have to get consent

A

Anything that enters the body,
use of anesthesia,
cobalt/radiation therapy,
electroshock therapy,
research,
experimental procedures,
diagnostic or treatment procedures that carries more than a slight risk

must be informed

22
Q

what does the consent form include

A

procedure (spells it out), its purpose, alternatives to the procedure, expected consequences and benefits, and risks

23
Q

who obtain consent

A

provider and NOT the nurse

24
Q

Court appointed person to make decisions over an incompetent person
Guardian is monitored to make sure they have the best interests of the person

A

appointment of guardianship

25
Q

Legal method of how incompetent persons appoint parties to make decisions

A

power of attorney

26
Q

allows an individual to make decisions on their behalf if they come incompetent

A

durable POA

27
Q

staff supervision

A

Nurses are responsible for the staff they supervise
Nurses can be liable if issues occur
With more responsibility, greater liability
Ensure those whom tasks are delegated are competent to complete tasks

28
Q

safety during telephone orders

A

Have provider send online as much as possible
Do not include third parties in the order
Communicate all relevant info
Do not offer diagnostic interpretations/medical diagnosis
Write down as soon as ordered and READ-BACK
Obtain signature within 24 hours

29
Q

who imposes standards in facilities for restraints

A

omnibus budget reconciliation

30
Q

what is improper use of restraints

A

negligence and false imprisonment

31
Q

nursing considerations for restraints

A

Identify cause of behavior requiring restraints
Use alternatives first
Ensure provider order is accurate and detailed
Detailed observation and documentation dependent on type of restraint
Assessments of circulation, feeding, elimination needs, behavior, etc.

32
Q

policies based on DNR orders

A

Ensure that DNR orders are legally sound
DNR orders are medical orders and must be in the system
Consent for DNR must be obtained
Follow DNR policy of organization
Failure to save a life without a DNR _ negligence

33
Q

Express desires of competent adults regarding dying and their death

A

advanced directives

34
Q

nurses goals with advanced directives

A

Ask upon admission if there is an advanced directive
Avoid witnessing a will (desires and affairs after death)
Encourage individuals of ALL ages to have an advanced directive

35
Q

issues related to dying

A
  • DO NOT pronounce a client’s death
  • Follow organizational protocol
  • If the death is from a criminal act, malpractice, or
    occupational disease, death is a medical examiners case
    and autopsy is done
  • Otherwise, consent of autopsy must be obtained
  • Be aware of culture
36
Q

Physical, emotional, sexual, financial, neglect, abandonment, self-neglect

A

elder abuse

37
Q

report any known or suspected case of abuse

A

mandatory reporting

38
Q

legal safeguards for nurses

A

Become familiar with laws and rules; agency’s policies and procedures
Function within scope of practice
Check the work of employees under your supervision
Obtain administrative or legal guidance
Report and document any unusual occurrence
Carry liability insurance, don’t just rely on organization
Refuse to work when there is a risk to safe patient care

39
Q
A

Gero Exam 1 (9 decks)

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