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Intro to nursing FINAL > chapter 23 > Flashcards

chapter 23 Flashcards

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1
Q

Statutory law

A

OF or related to laws enacted by a legislative branch of the government

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2
Q

example of statutory law?

A

NPA

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3
Q

Criminal law

A

protect society as a whole and provide punishment for crimes, which are defined by municipal, state, and federal legislation. Criminal laws are separated into misdemeanors or felonys

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4
Q

misdemeanor

A

a crime that is causes injury but does not inflict serious harm

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5
Q

felony

A

a serious offense that results in significant harm to another person or society in general.

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6
Q

an example of a felony

A

breaking the NPA by misuse of a controlled substance or practicing without a license

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7
Q

Civil laws

A

protect the rights of individuals and provide for fair and equitable treatment when civil wrongs or violations occur

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8
Q

example of civil law

A

Nursing negligence or malpractice

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9
Q

regulatory law

A

reflects decisions made by administrative bodies such as state boards of nursing when rules and regulations are passed

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10
Q

Example of regulatory law being broken

A

requiring to report incompetent or unethical nursing conduct to the State BON

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11
Q

common law

A

results from judicial decisions made by courts when individual legal cases are decided

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12
Q

example of common law

A

informed consent, a patients right to refuse treatment, negligence, malpractice

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13
Q

List federal statutory issues in nursing practice

A
  • PPACA (patient protection and affordable care act)
  • ADA (americans w disabilities act)
  • emergency medical treatment and active labor law
  • mental health parity act as enacted under PPACA
  • advanced directives
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14
Q

PPACA

A
  • Consumer rights and protection
  • affordable health care coverage
  • increased access to care
  • Stronger medicare to improve care for thsoe who need it most
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15
Q

consumer rights and protection

A

prohibits patients from being denied health care coverage because of prior existing conditions, limits on the amount of care for those conditions, and accidental mistake in paperwork when a patient got sick

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16
Q

affordable health care coverage

A

intended to reduce overall care costs to the consumer by providing tax credits, increase insurance company accountability

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17
Q

increased access to care

A

increasing number of choices patients have to select an insurer

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18
Q

stronger medicare to improve care for those most vulnerable in our society

A

improving access to care and prescriptions, decreasing costs of medications

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19
Q

American with disabilities act

A

prohibits discrimination and ensure equal opportunities for people with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation

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20
Q

Emergency medical treatment and active labor law

A

when a patient comes to the ER, an appropriate medical screening occurs within the capacity of the hospital. If an emergency condition

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21
Q

Mental health parity act as enacted under PPACA

A

Requires health insurance companies to provide equal coverage for mental health and substance abuse treatment. Strengthens mental health services

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22
Q

What act strengthens mental health services??

A

Mental health parity act enacted under PPACA

23
Q

Advance directives

A

They are based on values of informed consent, patient autonomy over end-of-life decisions, truth telling, and control over the dying process.

24
Q

Living wills

A

Represent written documents that direct treatment in accordance with the patient’s wishes in the event of a terminal illness or condition

25
Q

What’s an example of a living will

A

Patient is able to declare which medical procedures he or she wants or does not want one terminally ill or in a persistent vegetative state

26
Q

Healthcare proxies or durable power of attorney for healthcare

A

A legal document that designates a person or people of one’s choosing to make healthcare decisions when a patient is no longer able to make decisions on his or her own behalf. This agent makes healthcare treatment decisions on the basis of the patient’s wishes

27
Q

Uniform anatomical gift act

A

An individual who is at least 18 years of age has the right to make an organ donation

28
Q

Health insurance portability and accountability act

A

HIPPA

29
Q

What four items does HIPPA protect

A
  1. Protect individual employees from losing their health insurance when changing jobs
  2. Right to consent to the use and disclosure of their protected health information
  3. Privacy
  4. Confidentiality
30
Q

What is privacy

A

The right of patience to keep personal information to them selves and from others

31
Q

What is confidentiality

A

Protect private patient information once it is disclosed in healthcare settings

32
Q

Health information technology act (HITECH)

A

Nurses must ensure that patient personal health information is not inadvertently conveyed on social media and in particular that protected data are not disclosed other than as permitted by the patient state statutory issues in nursing practice

33
Q

Licensure

A

All states use the national Council licensure examination’s (NCLEX) for RNs and licensed practical nurse examinations. The state board of nursing suspends or revokes a license if a nurse‘s conduct violates the nurse practice act, which is a state law. For example, nurses who perform illegal acts such a selling or taking controlled substances often lose their license

34
Q

Good Samaritan law

A

Encourage healthcare professionals to assist in emergencies when they are seen

35
Q

Death with dignity or physician assisted suicide

A

The statute Stated that a competent individual with a terminal disease could make an oral and written request for medication to end his or her life in a humane and dignified manner

36
Q

Which two states say that nurses have to stop and provide aid?

A

????

37
Q

What are some examples of civil and calm and laws in nursing practice?

A

Torts and informed consent

38
Q

What are three examples of torts

A

Intentional tort, Quasi intentional tort, unintentional tort

39
Q

What’s an intentional tort?

A

Deliberate act that violate and others rights such as assault and battery and false imprisonment

40
Q

What is assault ?

A

And intentional threat towards another person that place is the person and reasonable fear of harmful, imminent, or unwelcome contact

41
Q

What is battery?

A

Any intentional offensive touching without consent

42
Q

What is false imprisonment?

A

Unjustified restraint of a person without a legal reason

43
Q

What are two examples of Quasi intentional tort?

A

Invasion of privacy and defamation of character

44
Q

What is an invasion of privacy

A

Protect the patients right to be free from unwanted intrusion into his or her private affairs

45
Q

What are two examples of defamation of character?

A

Slander and libel

46
Q

What is slander?

A

When one speaks falsely about another. Example, if a nurse tells people that a patient has a disease in the disclosure affects the patients business

47
Q

What is a libel?

A

Is the written defamation of character example in a newspaper

48
Q

What are two types of unintentional tort?

A

Negligence and malpractice

49
Q

What is negligence?

A

Is contact at falls below the generally excepted standard of care of a reasonably prudent person. Example would be hanging the wrong IV solution for a patient often result in disciplinary action by the state board of nursing and a lawsuit for negligence against both the nurse and their employer

50
Q

What is malpractice?

A

Is one type of negligence and often referred to as a professional negligence. Even the nurses do not intend to end your patience, some patient’s file claims of malpractice if nurses give care that does not meet the appropriate standards. Example would be malpractice sometimes involves failing to check a patient ID correctly before administering blood and then giving the blood to the wrong patient. It also involves administering a medication to a patient even though the medical record contains documentation that the patient has an allergy to that medication.

51
Q

What is informed consent?

A

Agreement to allow care based on full disclosure of risk, benefits, alternatives, and consequences of refusal. The nurses signature as a witness to the consent means that the patient voluntarily gave the consent, the patient signature is authentic, and the patient appears to be competent to give consent.

52
Q

Risk management and quality assurance

A

A system of ensuring appropriate nursing care that attempt to identify potential hazards and eliminate them before harm occurs

53
Q

What are four factors in risk management

A
  1. Identifying possible risk
  2. Analyze risks
  3. Act to reduce risks
  4. Evaluate steps taken
54
Q

Occurrence report or a incident report

A

Provides a database for further investigation in a attempt to deviation from standard of care to identify correct of measures needed to prevent reoccurrence

Intro to nursing FINAL (6 decks)

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