Chapter 23 Legal Implications Flashcards
Statutory Law
of or related to laws enacted by a legislative branch of the government (civil, criminal, Nurse Practice Act)
Nurse Practice Acts:
describes and define the legal boundaries of nursing practice with in each state
Ex. Americans with disabilities Acts (ADA) - protects rights
Regulatory/ administrative law
reflects decisions made by administrative bodies
Ex. State Boards of Nursing
Common Law
results from judicial decisions made in courts when a individual’s legal case are decided
Ex. informed consent
Civil Law
protect the rights of individuals with in our society and provide for fair treatment when civil violations occur
Ex. malpractice
Criminal Laws
protect society as a whole
Felony
serious, imprisonment for longer than 1 year or death
Ex. misuse of controlled substance
Misdemeanor
less serious, fine or imprisonment for less than a year
Standards of Care
legal requirements for nursing practice that describe minimum acceptable nursing care
ADA includes
HIV patients, ramps and wheelchair access
Emergency Medical Treatment and Active Labor Act
established appropriate screening and stabilization before transfer or discharge
Mental Health Parity act
forbids placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits
Advance directives
decisions on your behalf - living wills, health care proxies, and durable power of attourney
PSDA
Patient Self determination Act
requires to provide info to patients concerning their rights under state law to make decisions (living wills, DPAHC)
Living wills
patient’s wishes in the event of terminal illness
DPAHC
durable power of attorney for health care: legal document that designates a person of one’s choosing to make health care decision when patient is no longer able to
Uniform Anatomical Gift Act
18+= organ donation - diverse license
UNOS United Network for Organ Sharing- guidelines for procurement of organs
Privacy
right to keep personal info from being disclosed
Confidentiality
protects private patient info once it has been disclosed
Restraints
safety strategy - only with extreme caution.. can be used when
- insure safety
- when less restrictive intervention –> not successful
- written order
Good Samaritan Laws
provide emergency assistance at an accident scene
Public Health Laws
community and public nurses= legal responsibility to enforce laws enacted to protect public health Ex. elder abuse
The Uniform Determination of Death Act
- cardiopulmonary: irreversible cessation (ending) of circulatory and respiration functions
- brain: irreversible cessation in all functions
Autopsy
institution policy or by law
patient’s death occurred under suspicious circumstances or died with in 24 hours admission to facility
Physician Assisted Suicide
oral or written request to end life
-with in reasonable medical judgement (ANA, AACN - American Association of College of Nursing)
Torts
civil wrong made against a person or property
Intentional torts
willful acts that violate another’s rights such as assault, battery, false imprisonment
assault
to threaten
battery
intentional touching - no consent
false imprisonment
unjustified restraint
Quasi Intentional torts
Invasion of privacy, defamation of character
invasion of privacy:
release of medical info
defamation of character:
false statements
slander
speaks falsely
libel
written defamation
Unintentional torts:
negligence, malpractice
negligence
unreasonable high risk of harm
Ex. failing to monitor in timely fashion
malpractice
- the nurse owed a duty to patient
- did not carry out duty
- patient was injured
- nurse’s failure caused injury
Informed Consent
a person’s agreement to allow something to happen such as surgery – required
Elements of informed consent
- receives complete explanation
- patient receives names of person’s performing
- receives description of serious harm
- Receives info on alternative therapies and risks
- right to refuse
- may refuse after procedure has begun
Abortion Issues
roe vs. wade
right to privacy
farthest you can have = 2nd trimester
Nursing Student issues
actions that cause harm –> falls on everyone
Malpractice Insurance
defense when a nurse is in a lawsuit
abandonment and assignment issues
staff shortage: have to have set # or more
floating: OB –> ER = lack of experience
health care provider’s orders: responsible for directing treatment –> assessment
occurrence(incident) report
database for further investigation in an attempt to correct measures
ex. patient falls
state statutory issues in Nursing
Licensure, Good Samaritan laws, Public health laws
Risk management
a system of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs
risk management steps:
identify possible risks
analyze risks
act to reduce risks
evaluate steps taken
