Chapter 23

Question 1

Intentional torts

Answer 1

Deliberate acts that violate another rights

• Assault (threat toward another person, no actual contact required)
• Battery (offensive touching without consent)
• False imprisonment (unjustified restraint of a person)

Question 2

Quasi-Intentional torts

Answer 2

Acts in which intent is lacking but volitional action and direct causation occur

• Invasion of privacy
• Defamation of character

Question 3

Unintentional torts

Answer 3

Unintended accident

• Negligence
• Malpractice

Question 4

Standards of Care

Answer 4

The legal requirements for nursing practice that describe minimum acceptable nursing care

Question 5

Nurse Practice Acts

Answer 5

Define and describe the legal boundaries of nursing practice within each state

Question 6

Only use restraints when…

Answer 6

• Only to ensure the physical safety of the patient or other patients
• When less restrictive interventions are not successful
• Only on the written order of a health care provider
  Note: Unconscious patients cannot be falsely imprisoned

Question 7

Federal statutory issues

Answer 7

• Patient protection and affordable care act
• Americans with disabilities act
• Emergency medical treatment and active labor act
• Mental health parity act
• Advance directives
• Uniform anatomical gift act

Question 8

Good Samaritan Laws

Answer 8

• Encourage health care professionals to assist in emergencies
• Limit liability and offer legal immunity if a nurse helps at the scene of an accident (without gross negligence)

Question 9

Common malpractice allegations

Answer 9

Care that does not meet the appropriate standards

• Failure to maintain safety
• Improper technique/treatment
• Failure to monitor and report

Question 10

Risk management

Answer 10

Involves several components, including identifying possible risks, analyzing them, acting to reduce the risks, and evaluating the steps taken to reduce them
- Eliminate potential hazards before harm occurs

Question 11

Informed consent

Answer 11

• A patients agreement to have a medical procedure after receiving full disclosure of risks, benefits, alternatives, and consequences of refusal
• Must be signed

Question 12

Abandonment and assignment

Answer 12

Short staffing
- Inadequate number of nurses
Floating
- Nurses need adequate orientation to ensure safe care and should not provide any care without having that orientation