Chapter 12

Question 1

rules and regulations created by US Congress, state legislators, local governments, and constitutional law. begin by acting on a problem through legislation. ANA and American Association of College of Nursing have focused on legislation addressing patient safety, nursing staffing levels, and mandatory overtimes.

Answer 1

statutory law

Question 2

further regulations that develop the law and establish procedures for administering the law.State nurse practice act may determine that APRNs develop a formulary of medications that they prescribe. The APRN leadership for the state will create a proposed list of medications they believe they should be able to write prescriptions. These recommendations are then examined by staff of the specific government office and then published for individuals to make comment and recommend changes. Once the rules have had the review process, they are adopted with our without changes.

Answer 2

Administrative law

Question 3

law established through court decisions and precedent.Defines legal rights and obligations. The court can determine what is the nurse’s obligation or responsibility to patients based upon precedent, or other cases that have relevancy to the case at hand.

Answer 3

case law

Question 4

involves relationships between individuals, or individuals and the government Broken into six categories: tort, contract, property, inheritance, family, and corporate law. Civil laws that affect nurses include tort and contract law.

Answer 4

civil law

Question 5

refers to acts that result in harm to another. – wrongful act that is committed against another person or property that results in harm
A patient must have suffered mental or physical injury caused by the nurse. Can be intentional or accidental

Answer 5

tort law

Question 6

Civil law

Answer 6

Assault
Battery
False imprisonment
Defamation
Fraud
Invasion of privacy

Question 7

– threat of bodily harm to another. Does not actually have to be touching for an assault to take place. Threats to harm or perform a procedure without consent of the patient.

Answer 7

assault

Question 8

– Actual bodily harm to another person without consent.

EX: performing surgery without the informed consent

Answer 8

battery

Question 9

Violation of the personal liberty of another person through unlawful restraint AMA, restraints (chemical and mechanical)
EX: refusing to allow the patient to leave the hospital.

Answer 9

false imprisonment

Question 10

damage done to another person’s reputation through spoken or written word.
EX: making a negative stamen about another nurse’s ability

Answer 10

defamation of character

Question 11

Deceitful practice – promising a cure

Answer 11

fraud

Question 12

Unauthorized publicity of information about a patient.

EX: allowing personal info to become public

Answer 12

invasion of privacy

Question 13

Criminal law

Answer 13

felonies and misdemeanors.nurse’s licence can be revolked by the state board if convicted of a crime. Nurses may also have restrictions placed upon their license.

Question 14

Felonies

Answer 14

drug charges, and practicing without a license.

Question 15

Misdemeanors

Answer 15

theft and traffic violations

Question 16

Malpractice

Answer 16

failure of the professional to use such case as a reasonably prudent member of the profession would use under similar circumstances, which leads to harm. intent to do harm

Question 17

Negligence

Answer 17

failure to act as a reasonably prudent person would have acted in a specific situation. not intended to do harm

Question 18

TRUE OR FALSE While nurses are normally sued with the health organization, the health organization may not cover all costs of the legal case. Nurses should cover themselves with professional liability insurance.

Answer 18

true

Question 19

Nurses can be both negligent and guilty of malpractice. What are four elements must be met for both malpractice and negligence to be met?

Answer 19

There was a duty owed to the patient
There was a breach of duty or standard by the nurse
There was harm caused by the breach of duty or standard
Ther patient experienced damages or injuries

Question 20

Nursing licensure in the NCLEX

Answer 20

Advance Directives
Advocacy
Client rights
Collaboration with interdisciplinary team
Confidentiality and information security
Delegation
Ethical practice
Informed consent
Legal rights and responsibilities

Question 21

in the state board of nursing

Answer 21

Set standards of practice
Standards for delegation
Govern the disciplinary process

Question 22

the nurse plays an advocacy role in…

Answer 22

informed consent

Question 23

the nurse needs to be aware policies and procedures related to oral, written, and electronic patient-identifiable data

Answer 23

privacy and confidentially

Question 24

Advocacy

Answer 24

Determine whether the patient has questions about the procedure and contact physician for further education

Question 25

Privacy

Answer 25

Ensure that all patient identifiable information is secured. Do not let anyone use your passwords to access EHR/EMR

Question 26

5 rights of delegation

Answer 26

The right task
The right circumstances – appropriate patient setting, available resources
The right person – The right person is delegating the right task to the right person to be performed on the right person
The right direction and communication – a clear, concise description of the task, including objectives, limits, and expectations
The right supervision and evaluation – Appropriate monitoring, intervention, and feedback