CH 8: Legal Issues Flashcards
what is public law
Governs relationships b/w private parties and the government
Criminal law and regulation of organizations
example of public law
Scope of nursing practice and requirements of licensure with state
who decides voluntary standards
Gerontological Nursing: Scope and Standards of Practice
nursing care/performance deviates from standards of care
malpractice
example of malpractice
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
a person has resumed responsibility
duty
failure to conform to a standard of care
negligence
physical/mental harm with violation of rights
injury
Deliberate threat or attempt to harm another person
assault
Unconsented touching of another person in a socially impermissible manner or carrying through with assault
battery
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
defamation of character
Unlawful restraint or detention of a person
Improper use of restraints or preventing someone to leave (exceptions)
false imprisonment
Willful and intentional misrepresentation causing harm
fraud
Invading the right of an individual to personal privacy (exceptions)
invasion of privacy
Unlawful taking of another person’s possessions
larceny
Omission/commission of an act that departs from acceptable standards
negligence
ways to reduce risk of malpractice
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
what is included in confidentiality
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
nurses role with medication
Nurses are responsible for safe administration of meds, NOT preparing, compounding, dispensing and retailing meds
factors included in consent
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
when do you have to get consent
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
what does the consent form include
procedure (spells it out), its purpose, alternatives to the procedure, expected consequences and benefits, and risks
who obtain consent
provider and NOT the nurse
Court appointed person to make decisions over an incompetent person
Guardian is monitored to make sure they have the best interests of the person
appointment of guardianship
Legal method of how incompetent persons appoint parties to make decisions
power of attorney
allows an individual to make decisions on their behalf if they come incompetent
durable POA
staff supervision
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
safety during telephone orders
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
who imposes standards in facilities for restraints
omnibus budget reconciliation
what is improper use of restraints
negligence and false imprisonment
nursing considerations for restraints
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.
policies based on DNR orders
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
Express desires of competent adults regarding dying and their death
advanced directives
nurses goals with advanced directives
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
issues related to dying
- 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
Physical, emotional, sexual, financial, neglect, abandonment, self-neglect
elder abuse
report any known or suspected case of abuse
mandatory reporting
legal safeguards for nurses
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
