Chapter 23

Question 0

Regulatory law

Answer 0

Reflects decisions made by administrative bodies

Question 1

Nurse practice Acts

Answer 1

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

Question 2

Common law

Answer 2

Judicial decisions made in courts when individual legal cases are decided

Question 3

Criminal law

Answer 3

Prevent harm to society and provide punishment for crime

Question 4

Felony

Answer 4

A serious crime that will imprison a person for over a year

Question 5

Misdemeanor

Answer 5

Less serious crime with a fine or imprisonment of less than a year

Question 6

Civil law

Answer 6

Protect individual rights and encourage fair treatment

Question 7

Standards of care

Answer 7

Legal guidelines for nursing practice and provide minimum acceptable care

Question 8

Americans with Disabilities act

Answer 8

Civil rights statue. Protects the rights of people with physical or mental disabilities. Prohibits discrimination and ensures equal Opportunities

Question 9

Emergency medical treatment and active labor act

Answer 9

When a patient comes to the emergency room, they must be provided an accurate medical screening and cannot leave until the condition stabilizes

Question 10

Mental Health parity act

Answer 10

If the health insurance provides mental insurance, the act forbids lifetime or annual limits on mental health coverage that are less generous for other benefits (ie. Medical/surgical)

Question 11

Patient self-determination act

Answer 11

Requires health institutions to provide written information to patients concerning their rights to make decisions (ie.the right to refuse treatment)

Question 12

Living wills

Answer 12

Written documents that direct treatment for a patient in the event of a terminal illness or condition

Question 13

Durable power of attorney for health care

Answer 13

A legal document that designates a person to make health care decisions when the patient is no longer able to

Question 14

Uniform anatomical gift act

Answer 14

A person 18 years of age has the right to make an organ donation

Question 15

Hippa

Answer 15

Protects employees from losing health insurance when changing jobs (as long as they’ve had 12 months of coverage) and gives the patients right to consent the use and disclosure of their information

Question 16

Joint commission’s rules for restraints (3)

Answer 16

1: only to ensure the physical safety of the resident or others
2: less restrictive methods are unsuccessful
3: only with the written consent of a health care provider

Question 17

Licensure

Answer 17

All nurses must be licensed through the National council licensure examinations (NCLEX) & all must be registered in the state in which they practice

Question 18

Good Samaritan law

Answer 18

Nurses are able to act as good Samaritans at the scene of an accident and their license would not be at stake if something happened as a result

Question 19

Public health laws

Answer 19

The law have specific rules about reporting communicable diseases, immunizations etc.
nurses have the legal responsibility to enforce laws made to protect public health
We are also mandated reporters

Question 20

Uniform determination of death act

Answer 20

Two standards: the cardiopulmonary where there must be irreversible cessation of circulatory ad respiratory functions and the whole-brain standard where there must be irreversible cessation of the entire brain and stem

Question 21

Physician-assisted suicide

Answer 21

A competent individual with a terminal disease can make an oral or written request for medication to end his or her life (nurses can not help with this)

Question 22

Tort

Answer 22

A civil wrong made against a person or property

Question 23

Assault

Answer 23

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

Question 24

Battery

Answer 24

Intentional touching without consent

Question 25

False imprisonment

Answer 25

Unjustified restraint of a person without legal warrant

Question 26

Invasion of privacy

Answer 26

Protects the patient’s right to be free from unwanted intrusion into their personal affairs

Question 27

Slander

Answer 27

Someone speaking falsely about another

Question 28

Libel

Answer 28

Written defamation of character

Question 29

Negligence

Answer 29

Conduct that falls below the standard of care

Question 30

Malpractice

Answer 30

Professional negligence

Question 31

Informed consent

Answer 31

A person’s agreement to allow something to happen to them (surgery)

Question 32

Four criteria needed to establish malpractice

Answer 32

1: the nurse (defendant) owed a duty to the patient
2: the nurse did not carry out that duty
3: the patient was injured
4: the nurse’s failure to carry out that duty was what caused the injury

Question 33

What to do when an assignment is unreasonable

Answer 33

Tell the nursing supervisor.
Make a written protest to the nursing administrators and keep a copy.
Do not walk out (patient abandonment) & do not refuse (insubordination)

Question 34

What is the nurses job when she “floats”?

Answer 34

Inform the supervisor of the lack of knowledge. Ask to get an orientation to the unit. Learn the policies of the institution and know what is expected

Question 35

What is the nurses job when handling physician’s orders?

Answer 35

Follow the orders unless you believe there is an error. If they confirm the order and it still seems incorrect, inform the nursing supervisor. Document.

Question 36

Risk management

Answer 36

An organization’s system of ensuring appropriate nursing care by identifying potential hazards and eliminating them

Question 37

Purpose of the occurrence report

Answer 37

Provides a database for further investigation in an attempt to determine deviations in standard care and to correct measures to prevent recurrence and to alert risk management of any potential claims