Chapter 23: Legal Implications in Nursing Practice

Question 1

Nurse practice acts

Answer 1

Describe and define the legal boundaries of nursing practice

Question 2

constitutional law

Answer 2

is derived from federal and state constitutions

Question 3

common law

Answer 3

judicial decisions made in courts when indiv. legal cases are decided

Question 4

criminal law

Answer 4

prevent harm to society and provide punishment for crimes

Question 5

statutory law

Answer 5

derived from statues passed by the U.S. Congress and state legislatures

Question 6

administrative law

Answer 6

reflects decisions made by administrative bodies

Question 7

Civil Laws

Answer 7

protects the rights of indiv. persons w/in our society and encourage fair and equitable treatment

Question 8

Case Law

Answer 8

decisions made in legal cases that were resolved in courts

Question 9

Scope of nursing practice

Answer 9

defines nursing and reflects the values of the nursing profession

Question 10

standards of nursing care

Answer 10

reflect the knowledge and skill ordinarily possessed and used by nurses

Question 11

What are the Standards of Nursing care are derived from?

Answer 11

1. health care laws
2. best practice guidelines
3. professional organization white papers
4. evidence-based nursing knowledge
5. citizen advocacy groups

Question 12

standard of proof

Answer 12

typically what a reasonably prudent nurse would do under similar circumstances in the geographic area in which the alleged breach occurred

Question 13

informed consent

Answer 13

a patient’s agreement to have a medical procedure after receiving full disclosure of risks, benefits, alternatives, and consequences of refusal

Question 14

Four criteria needed to establish nursing malpractice

Answer 14

1. the nurse has a duty of care (nurse practice act)
2. the duty was breached (nursing regulations)
3. physical harm occurred (records and testimony)
4. state, damages, or monetary compensation

Question 15

Patient Protection and Accountability Act

Answer 15

consumer rights and protections, affordable health care coverage, increased access to care, quality of care that meets the needs of patients

Question 16

Americans With Disabilities Act

Answer 16

protects the rights of people with disabilities

Question 17

Emergency Medical Treatment and Active Labor Act

Answer 17

states that when a patient comes into the ED or hospital, an appropriate medical screening occurs w/in the hospital’s capacity. If an emergency exists, the hospital is not to discharge or transfer the patient until the condition subsides

Question 18

Mental Health Parity and Addiction Equity Act

Answer 18

strengthens mental health services by requiring patients to obtain insurance

Question 19

Patient Self-Determination Act

Answer 19

requires health care institutions to provide written information to patients concerning their rights under state law to make decisions, including the right to refuse treatment and formulate advance directives

Question 20

Uniform Anatomical Gift Act

Answer 20

An indiv. over the age of 18 years has the right to make an organ donation; the person needs to make the gift in writing with his or her signature

Question 21

Health Insurance Portability and Accountability Act

Answer 21

provides rights to patients and protects employees. establishes the basis for privacy and confidentiality

Question 22

Health Information Technology Act

Answer 22

in conjunction with HIPPA and in response to new technology and social media

Question 23

Omnibus Budget Reconciliation Act

Answer 23

on patient rights, quality of life, quality of care, and the physical environment in which the patient lives

Question 24

TJC specific guidelines for the use of restrains

Answer 24

1. should only be used to ensure the physical safety of the resident or other residents
2. should be only used when less restrictive interventions are not successful
3. should be used only on the written order of a physician, which includes a specific episode w/ start and end times

Question 25

Good Samaritan Laws

Answer 25

encourage health care professionals to assist in emergencies, limit liability, and offer legal immunity for nurses who help out at the scene of an accident

Question 26

Public Health Laws

Answer 26

provide protection of the public’s health, advocating for the rights of people, regulating health care and health care financing, and ensuring professional accountability for the care provided

Question 27

Uniform Determination of Death Act

Answer 27

determination of death requires irreversible cessation of circulatory and respiratory functions or that there is irreversible cessation of all functions of the entire brain, including the brainstem

Question 28

What are the key elements of informed consent?

Answer 28

1. explanation of the procedure or treatment
2. names and qualifications of people performing and assisting in the procedure
3. a description of the serious harm that may occur
4. explanation of alternative therapies
5. has the right to refuse the treatment
6. may refuse the treatment after it has begun

Question 29

Torts

Answer 29

civil wrongful acts or omissions made against a person or property

Question 30

unintentional torts

Answer 30

arise when a person is harmed, and the person inflicting the harm knew, and the actions were less than the standard of practice

Question 31

false imprisonment

Answer 31

unjustified restraining of a person w/o legal warrent

Question 32

invasion of privacy

Answer 32

the release of a patient’s medical information to an unauthorized person

Question 33

slander

Answer 33

when one person speaks falsely about another person

Question 34

libel

Answer 34

written defamation of character

Question 35

negligence

Answer 35

conduct that falls below the standard of care

Question 36

malpractice

Answer 36

referred to as professional negligence; below the standard of care

Question 37

defamation of character

Answer 37

publication of false statements that result in damage to a person’s reputation

Question 38

risk management

Answer 38

identifying possible risks, analyzing them, acting to reduce the risks, and evaluating the steps taken to reduce them

Question 39

occurrence report

Answer 39

produces a database to determine deviations from standards of care, to identify corrective measures needed to prevent recurrence, and to alert risk management to a potential claim