Chapter 4 Legal Responsibilities Flashcards
What are the two unintentional torts?
Negligence and Malpractice
Federal Regulations. Federal laws affecting nursing practice are:
Health insurance portability and accountability act (HIPAA)
Americans with disabilities act (ADA)
Mental health primary act (MHPA)
Patient self-determination act (PSDA)
Give an example of negligence of a nurse.
A nurse fails to implement safety measures for a client at risk for falls.
What are two quasi-intentional torts?
Breach of confidentiality
Defamation of character
What is an example of breach of confidentiality?
Nurse releasing a clients medical diagnosis to the press
What is an example of defamation of character?
Nurse telling a co worker she believes a client has been unfaithful to their spouse.
What are 3 intentional torts?
Assault
Battery
False imprisonment
Example of assault from a nurse is:
Nurse threatens to place NG tube in client refusing to eat.
Example of battery from a nurse:
Nurse restrains client and administers injection against clients wishes
Example of false imprisonment for a nurse:
Nurse uses restraints on a competent client to prevent his leaving.
How can nurses avoid liability for negligence?
Following standards of care
Giving competent care
Communicating with other health team members
Developing a caring rapport with clients
Fully documenting assessments, interventions, evaluations.
Nursing role in clients rights. The client has the right to:
Understand the aspects of care, to be active in decision making process.
Accept, refuse, or request modification of care plan.
Receive care from competent individuals who treat with respect.
What is an informed consent?
It is legal document where a client has given written permission for a produce or treatment.
What is the nurses role in the informed consent process?
To witness signature and to ensure that provider obtained the consent appropriately.
What individuals can grant consent for another person?
Parent of a minor Legal guardian Court-specified representative Individual with power is atty Emancipated minors
What is the purpose of advance directives?
To communicate a clients wishes regarding end-of-life care
List three types of advance directives:
Living Will
Durable power of attorney
Providers orders (DNR, AND)
What are the nurses role in advance directives?
Provide written info about a AD
Document clients AD status
Ensure the AD is current with clients feelings
Inform all members of team of AD
Which two situations does a nurse have a legal obligation to report?
Abuse (child, elder abuse, domestic)
Communicable disease (TB)
Five elements necessary to prove negligence are:
- Duty to provide care as defined by a standard
- Breach of duty by failure to meet standard
- Foreseeability of harm
- Breach of duty has potential to cause harm
- Harm occurs
Give an example if malpractice (professional negligence).
Nurse administering large dose of meds due to a calculation error. Client dies.
