Chapter 23: Legal Implications in Nursing Practice Flashcards
Nurse practice acts
Describe and define the legal boundaries of nursing practice
constitutional law
is derived from federal and state constitutions
common law
judicial decisions made in courts when indiv. legal cases are decided
criminal law
prevent harm to society and provide punishment for crimes
statutory law
derived from statues passed by the U.S. Congress and state legislatures
administrative law
reflects decisions made by administrative bodies
Civil Laws
protects the rights of indiv. persons w/in our society and encourage fair and equitable treatment
Case Law
decisions made in legal cases that were resolved in courts
Scope of nursing practice
defines nursing and reflects the values of the nursing profession
standards of nursing care
reflect the knowledge and skill ordinarily possessed and used by nurses
What are the Standards of Nursing care are derived from?
- health care laws
- best practice guidelines
- professional organization white papers
- evidence-based nursing knowledge
- citizen advocacy groups
standard of proof
typically what a reasonably prudent nurse would do under similar circumstances in the geographic area in which the alleged breach occurred
informed consent
a patient’s agreement to have a medical procedure after receiving full disclosure of risks, benefits, alternatives, and consequences of refusal
Four criteria needed to establish nursing malpractice
- the nurse has a duty of care (nurse practice act)
- the duty was breached (nursing regulations)
- physical harm occurred (records and testimony)
- state, damages, or monetary compensation
Patient Protection and Accountability Act
consumer rights and protections, affordable health care coverage, increased access to care, quality of care that meets the needs of patients
Americans With Disabilities Act
protects the rights of people with disabilities
Emergency Medical Treatment and Active Labor Act
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
Mental Health Parity and Addiction Equity Act
strengthens mental health services by requiring patients to obtain insurance
Patient Self-Determination Act
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
Uniform Anatomical Gift Act
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
Health Insurance Portability and Accountability Act
provides rights to patients and protects employees. establishes the basis for privacy and confidentiality
Health Information Technology Act
in conjunction with HIPPA and in response to new technology and social media
Omnibus Budget Reconciliation Act
on patient rights, quality of life, quality of care, and the physical environment in which the patient lives
TJC specific guidelines for the use of restrains
- should only be used to ensure the physical safety of the resident or other residents
- should be only used when less restrictive interventions are not successful
- should be used only on the written order of a physician, which includes a specific episode w/ start and end times
Good Samaritan Laws
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
Public Health Laws
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
Uniform Determination of Death Act
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
What are the key elements of informed consent?
- explanation of the procedure or treatment
- names and qualifications of people performing and assisting in the procedure
- a description of the serious harm that may occur
- explanation of alternative therapies
- has the right to refuse the treatment
- may refuse the treatment after it has begun
Torts
civil wrongful acts or omissions made against a person or property
unintentional torts
arise when a person is harmed, and the person inflicting the harm knew, and the actions were less than the standard of practice
false imprisonment
unjustified restraining of a person w/o legal warrent
invasion of privacy
the release of a patient’s medical information to an unauthorized person
slander
when one person speaks falsely about another person
libel
written defamation of character
negligence
conduct that falls below the standard of care
malpractice
referred to as professional negligence; below the standard of care
defamation of character
publication of false statements that result in damage to a person’s reputation
risk management
identifying possible risks, analyzing them, acting to reduce the risks, and evaluating the steps taken to reduce them
occurrence report
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
