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Nursing 200 > Chapter 23 Legal Implications > Flashcards

Chapter 23 Legal Implications Flashcards

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1
Q

Statutory Law

A

of or related to laws enacted by a legislative branch of the government (civil, criminal, Nurse Practice Act)

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2
Q

Nurse Practice Acts:

A

describes and define the legal boundaries of nursing practice with in each state
Ex. Americans with disabilities Acts (ADA) - protects rights

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3
Q

Regulatory/ administrative law

A

reflects decisions made by administrative bodies

Ex. State Boards of Nursing

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4
Q

Common Law

A

results from judicial decisions made in courts when a individual’s legal case are decided
Ex. informed consent

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5
Q

Civil Law

A

protect the rights of individuals with in our society and provide for fair treatment when civil violations occur
Ex. malpractice

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6
Q

Criminal Laws

A

protect society as a whole

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7
Q

Felony

A

serious, imprisonment for longer than 1 year or death

Ex. misuse of controlled substance

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8
Q

Misdemeanor

A

less serious, fine or imprisonment for less than a year

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9
Q

Standards of Care

A

legal requirements for nursing practice that describe minimum acceptable nursing care

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10
Q

ADA includes

A

HIV patients, ramps and wheelchair access

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11
Q

Emergency Medical Treatment and Active Labor Act

A

established appropriate screening and stabilization before transfer or discharge

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12
Q

Mental Health Parity act

A

forbids placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits

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13
Q

Advance directives

A

decisions on your behalf - living wills, health care proxies, and durable power of attourney

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14
Q

PSDA

A

Patient Self determination Act

requires to provide info to patients concerning their rights under state law to make decisions (living wills, DPAHC)

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15
Q

Living wills

A

patient’s wishes in the event of terminal illness

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16
Q

DPAHC

A

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

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17
Q

Uniform Anatomical Gift Act

A

18+= organ donation - diverse license

UNOS United Network for Organ Sharing- guidelines for procurement of organs

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18
Q

Privacy

A

right to keep personal info from being disclosed

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19
Q

Confidentiality

A

protects private patient info once it has been disclosed

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20
Q

Restraints

A

safety strategy - only with extreme caution.. can be used when

  1. insure safety
  2. when less restrictive intervention –> not successful
  3. written order
21
Q

Good Samaritan Laws

A

provide emergency assistance at an accident scene

22
Q

Public Health Laws

A

community and public nurses= legal responsibility to enforce laws enacted to protect public health Ex. elder abuse

23
Q

The Uniform Determination of Death Act

A
  1. cardiopulmonary: irreversible cessation (ending) of circulatory and respiration functions
  2. brain: irreversible cessation in all functions
24
Q

Autopsy

A

institution policy or by law

patient’s death occurred under suspicious circumstances or died with in 24 hours admission to facility

25
Q

Physician Assisted Suicide

A

oral or written request to end life

-with in reasonable medical judgement (ANA, AACN - American Association of College of Nursing)

26
Q

Torts

A

civil wrong made against a person or property

27
Q

Intentional torts

A

willful acts that violate another’s rights such as assault, battery, false imprisonment

28
Q

assault

A

to threaten

29
Q

battery

A

intentional touching - no consent

30
Q

false imprisonment

A

unjustified restraint

31
Q

Quasi Intentional torts

A

Invasion of privacy, defamation of character

32
Q

invasion of privacy:

A

release of medical info

33
Q

defamation of character:

A

false statements

34
Q

slander

A

speaks falsely

35
Q

libel

A

written defamation

36
Q

Unintentional torts:

A

negligence, malpractice

37
Q

negligence

A

unreasonable high risk of harm

Ex. failing to monitor in timely fashion

38
Q

malpractice

A
  1. the nurse owed a duty to patient
  2. did not carry out duty
  3. patient was injured
  4. nurse’s failure caused injury
39
Q

Informed Consent

A

a person’s agreement to allow something to happen such as surgery – required

40
Q

Elements of informed consent

A
  1. receives complete explanation
  2. patient receives names of person’s performing
  3. receives description of serious harm
  4. Receives info on alternative therapies and risks
  5. right to refuse
  6. may refuse after procedure has begun
41
Q

Abortion Issues

A

roe vs. wade
right to privacy
farthest you can have = 2nd trimester

42
Q

Nursing Student issues

A

actions that cause harm –> falls on everyone

43
Q

Malpractice Insurance

A

defense when a nurse is in a lawsuit

44
Q

abandonment and assignment issues

A

staff shortage: have to have set # or more
floating: OB –> ER = lack of experience
health care provider’s orders: responsible for directing treatment –> assessment

45
Q

occurrence(incident) report

A

database for further investigation in an attempt to correct measures
ex. patient falls

46
Q

state statutory issues in Nursing

A

Licensure, Good Samaritan laws, Public health laws

47
Q

Risk management

A

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

48
Q

risk management steps:

A

identify possible risks
analyze risks
act to reduce risks
evaluate steps taken

Nursing 200 (23 decks)

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