Chapter 5 Flashcards
Exam 1
Types of Law that exist:
- Criminal law
- Civil law
- Administrative law
Types of Law:
Criminal Law: What does it deal with?
Criminal law deals with offenses that are considered harmful to society as a whole.
Types of Law:
Criminal Law: What is an example of criminal law?
For example, if a nurse intentionally administers medication with the intent to harm a patient, it could be considered a criminal act such as assault or battery.
Types of Law:
Criminal Law: if a nurse intentionally administers medication with the intent to harm a patient, it could be considered a criminal act such as assault or battery.
What would happen in such cases?
In such cases, the nurse may face criminal charges, and if convicted, they may be subject to penalties such as fines or imprisonment.
Types of Law:
Administrative Law: What is it?
Administrative law governs the regulations and rules set by administrative agencies, such as state nursing boards or regulatory bodies.
Types of Law:
Administrative Law: Why are nurses subject to the administrative law?
Nurses are subject to administrative law as they must adhere to the standards and guidelines established by these regulatory bodies.
Types of Law:
Administrative Law: Nurses are subject to administrative law as they must adhere to the standards and guidelines established by these regulatory bodies.
What would violations of these regulations lead to?
Violations of these regulations can lead to disciplinary actions by the board, such as the suspension or revocation of the nurse’s license.
Types of Law:
Administrative Law: What does administrative law ensure about nurses?
Administrative law ensures that nurses practice within the set standards, maintain professional conduct, and provide quality care to protect the public’s health and safety.
Civil Cases : Typically includes what?
(Typically Including Malpractice)
Civil Cases (Typically Including Malpractice):
What occurs in this?
One individual sues another monetarily to compensate for a perceived loss.
Civil Cases (Typically Including Malpractice):
What is required for this?
Burden of proof required to be found guilty is a preponderance of the evidence.
Civil Cases (Typically Including Malpractice):
What does civil law focus on? How does it seek to resolve them?
Civil law focuses on disputes between individuals or entities and seeks to resolve them by providing compensation or enforcing specific obligations.
Civil Cases (Typically Including Malpractice):
How do nurses become involved in civil law matters?
Nurses can become involved in civil law matters if a patient or their family believes that the nurse’s actions or negligence resulted in harm or injury.
Civil Cases (Typically Including Malpractice):
Nurses can become involved in civil law matters if a patient or their family believes that the nurse’s actions or negligence resulted in harm or injury.
What can the patient or family do in these cases?
In such cases, they may file a civil lawsuit seeking damages for medical expenses, pain and suffering, or other losses.
Civil Cases (Typically Including Malpractice):
Nurses can become involved in civil law matters if a patient or their family believes that the nurse’s actions or negligence resulted in harm or injury.
In such cases, they may file a civil lawsuit seeking damages for medical expenses, pain and suffering, or other losses.
What would then happen to the nurse?
The nurse would then be involved in the legal process, which may include presenting evidence, providing testimony, and potentially being held liable for any proven negligence or wrongdoing.
Two Types of Negligence: What are they?
- Ordinary negligence
- Professional negligence (also called malpractice)
Two Types of Negligence:
Ordinary Negligence: What does it refer to?
Ordinary negligence refers to the failure to exercise reasonable care or caution that an average person would have exercised in a similar situation.
Two Types of Negligence:
Ordinary Negligence: It applies to what kind of situations?
It applies to general situations where a person’s actions or omissions result in harm or injury to another person.
Two Types of Negligence:
Ordinary Negligence: How specific is it to any profession or occupation?
This concept is not specific to any particular profession or occupation.
Two Types of Negligence:
Professional Negligence is also known as? Who does it apply to specifically?
Professional negligence, commonly referred to as malpractice, specifically applies to professionals such as doctors, nurses, lawyers, accountants, and other specialized occupations
Two Types of Negligence:
Professional Negligence: What does it involve?
It involves a failure to meet the standard of care expected within that profession, resulting in harm or injury to a patient, client, or customer.
Malpractice: What is it?
The failure of a person with professional training to act in a reasonable and prudent manner—also is called professional negligence.
Five Components Necessary for Professional Negligence
- A standard of care is in place.
- There is a failure to meet the standard of care.(=breach of duty)
- Foreseeability of harm must exist.
- There must be a provable correlation between care and harm.
- Actual patient injury must occur.
Five Components Necessary for Professional Negligence
- Standard of Care: What is it?
The minimum level of expertise that may be delivered to a patient
The conduct of a reasonably prudent nurse in similar circumstances
Nurses Risk Increased Legal Liability Due to:
What having to do with decision making?
More authority and independence in decision making
Increased legal accountability for decision making
Nurses Risk Increased Legal Liability Due to:
Doing what?
Doing more things that used to be in the realm of medical practice
Nurses Risk Increased Legal Liability Due to:
An increase in what?
Making more money
Nurses Risk Increased Legal Liability Due to:
An addition of what?
More are carrying malpractice insurance
Malpractice Insurance:
Why do nurses need malpractice insurance?
Nurses need malpractice insurance because of their expanded roles.
Malpractice Insurance:
What do injured parties do?
Injured parties will always seek damages from as many financial resources as possible.
Being Sued for Malpractice (= professional negligence)
What is NOT considered a defense for malpractice?
“Just following physician orders” is not a defense for malpractice.
Being Sued for Malpractice (= professional negligence)
What role do nurses have to safeguard patients?
Nurses have an independent responsibility to take appropriate steps to safeguard patients.
Being Sued for Malpractice (= professional negligence)
What is the rule of personal liability?
The rule of personal liability says that every person is liable for his or her own conduct, even if someone else prescribed the intervention
Being Sued for Malpractice (= professional negligence)
Under the rule of personal liability, how are nurses expected to act?
What are they responsible for?
Under the rule of personal liability, registered nurses are expected to meet the standard of care and act in a manner consistent with the knowledge, skills, and training expected of their profession.
They are responsible for providing competent and safe care to their patients, adhering to professional standards and guidelines, and following applicable laws and regulations.
Incident Reports and Adverse Event Forms
What are they?
Records of unusual or unexpected incidents that occur during a client’s treatment
Incident Reports and Adverse Event Forms
What are they generally considered?
Generally considered confidential communications and cannot be subpoenaed by clients or used as evidence in lawsuits in most states
Incident Reports and Adverse Event Forms
What should everyone know?
**Know the law of the state in which you live/practice as this does vary
The Board of Registered Nursing Protects Citizens by:
What four things?
RN licensing
Monitoring of RN educational standards
RN continuing education
Disciplining RNs
RN Licensure #1
What is important to remember about nursing?
Remember that nursing licensure is a privilege and not a right.
The Board of Registered Nursing Protects Citizens by:
What is defined in the Nurse Practice Act?
Boundaries for practice are defined in the Nurse Practice Act of each state.
RN Licensure
Since how long has nursing been controlled? How?
Since the first mandatory Nurse Practice Act passed in New York in 1938, nursing has been legislated, directed, and controlled to some extent.
Nurse Practice Act
What is it? What does it define?
The Nurse Practice Act is a legal instrument that defines what the functions of nursing shall be and sets standards for licensure.
Nurse Practice Act
What is it considered?
Nurse Practice Act is a Statute
Nurse Practice Act
What does it allow nurses to do?
It grants a nurse the authority to carry out those functions.
Nurse Practice Act
How is the Act in each state? How are they similar?
Each state has its own Nurse Practice Act, but all must be consistent with provisions or statutes established at the federal level.
Nurse Practice Act:
What are Statutes?
Statutes are the only laws made by official enactment by the legislative body.
What is an example of a “law that governs”?
A Nurse Practice Act is an example of a “law that governs.”
Nurse Practice Act:
As a statute, what is the Nurse Practice Act not an example of?
As a statute, a Nurse Practice Act is not a form of constitutional, administrative, or judicial law.
The Nurse Practice Act:
What form of law is it?
The Nurse Practice Act is a legislative law specific to the nursing profession.
The Nurse Practice Act:
Who is the Nurse Practice Act enacted by?
What does it outline?
It is enacted by the state legislature or regulatory body and outlines the legal framework for the practice of nursing within a particular jurisdiction.
Nurse Practice Act:
As a statute, what does the Nurse Practice Act carry out?
As a statute, the Nurse Practice Act carries the force of law and is binding upon all nurses practicing within the jurisdiction covered by the act.
Nurse Practice Act:
What does the NPA provide a legal basis for?
It provides a legal basis for the regulation, oversight, and control of nursing practice, ensuring that nurses meet specific standards of education, competency, and professional conduct to protect the public.
Five Components Necessary for Professional Negligence
What may impede one’s ability to foresee harm?
Being ignorant is not a justifiable excuse, but not having all the information in a situation may impede one’s ability to foresee harm.
Under Ordinary Circumstances
Whether a nurse acted with reasonable and prudent care is determined by what?
The question of whether a nurse acted with reasonable and prudent care is determined by the testimony of expert nursing witnesses.
Under Ordinary Circumstances
What may be used to prove breach of duty?
The testimony of other nurses in similar setting or specialty as the defendant may be used to prove breach of duty.
These people are considered a reliable and valid source of information by the court
Under Ordinary Circumstances
The testimony of other nurses in similar setting or specialty as the defendant may be used to prove breach of duty.
What are these people considered?
These people are considered a reliable and valid source of information by the court
Frequent Causes of Claims Against Nurses
include inadequately doing what?
Inadequate charting
Inadequate communication with physician or supervisors about changes in patient conditions
Frequent Causes of Claims Against Nurses
includes what else?
Leaving potentially harmful items within patient reach
Frequent Causes of Claims Against Nurses #2
Unattended patient falls
Inaccurate counting of operative instruments and sponges
Misidentifying patients for medications, surgeries, tests
Informed Consent:
When is it obtained?
Obtained only after the patient receives full disclosure of all pertinent information regarding the surgery or procedure and only if the patient understands the potential benefits and risks associated with doing so.
Medical Records
Who owns the patient information in the medical record? But who does the actual record belong to?
Although the patient owns the information in the medical record, the actual record belongs to the facility that originally made the record and is storing it.
Health Insurance Portability and Accountability Act (HIPAA) of 1996
What does it do?
Protects the privacy of health information and improves the portability and continuity of health insurance coverage.
Health Insurance Portability and Accountability Act (HIPAA) of 1996
What does it state?
HIPAA states that a client’s privacy and confidentiality must be maintained
Good Samaritan Immunity
What is a nurse NOT liable for?
Generally, a nurse is not liable for injury that occurs as a result of emergency treatment provided that…
Good Samaritan Immunity
Generally, a nurse is not liable for injury that occurs as a result of emergency treatment provided that…
Care is provided at the scene of an emergency.
The care is not grossly negligent.
The health care worker does not exceed their training or scope of practice in performing the emergency services.
Good Samaritan Immunity
What are nurses required or not required to do in emergency situations?
Nurses are not required to stop and provide emergency services as a matter of law, although most health-care workers feel ethically compelled to do so.
Good Samaritan Immunity
What does the Good Samaritan Law suggest?
Good Samaritan laws suggest that health-care providers are typically protected from potential liability if they volunteer their nursing skills away from the workplace (generally limited to emergencies), provided that actions taken are not grossly negligent and if the health-care worker does not exceed his or her training or scope of practice in performing the emergency services.
Good Samaritan Immunity
How do Good Samaritan laws vary?
Good Samaritan laws vary between jurisdictions.
Good Samaritan Immunity
Who is not protected under the Good Samaritan Law?
*A nurse who provided out-of-scope care is not protected by the Good Samaritan law.
Patient Self-Determination Act (PSDA)
What is it?
Required health-care organizations that received federal funding (Medicare and Medicaid) to provide education for staff and patients on issues concerning treatment and end-of-life issues
Patient Self-Determination Act (PSDA)
Required health-care organizations that received federal funding (Medicare and Medicaid) to provide education for staff and patients on issues concerning treatment and end-of-life issues
What does it include the use of?
Includes the use of advance directives (ADs), written instructions regarding desired end-of-life care
Patient Self-Determination Act (PSDA)
Required health-care organizations that received federal funding (Medicare and Medicaid) to provide education for staff and patients on issues concerning treatment and end-of-life issues
What does it LIKELY include the use of?
Also likely includes durable power of attorney for health care (health-care proxy)
Patient Self-Determination Act (PSDA)
What does the PSDA require acute care facilities to document?
The PSDA requires acute care facilities to document on the medical record whether a patient has an AD and to provide written information to patients who do not.
Legal Responsibilities of the Nurse-Manager
Reporting what?
Reporting dangerous understaffing
Patient Self-Determination Act (PSDA)
What does the PSDA not address?
This legislation does not directly address such matters as ensuring the client’s understanding of treatment options, including the family in care planning, and determining the client’s expectations, even though each of the actions is necessary for providing quality care
Legal Responsibilities of the Nurse-Manager
Checking what?
Checking staff credentials and qualifications
Legal Responsibilities of the Nurse-Manager
Carrying out what?
Carrying out appropriate discipline
Legal Responsibilities of the Nurse-Manager
What must the nurse remember?
The nurse must remember that all laws are fluid and subject to change.
Common Causes of Professional Nursing License Suspension or Revocation
Professional negligence
Practicing medicine or nursing without a license
Obtaining a nursing license by fraud or allowing others to use your license
Felony conviction for any offense substantially related to the function or duties of an RN
Participating professionally in criminal abortions
Not reporting substandard medical or nursing care
Legal Responsibilities of the Nurse-Manager
What is the responsibility of each manager?
It is the responsibility of each manager to keep abreast of legislation and laws affecting both nursing practice and management practice.
Common Causes of Professional Nursing License Suspension or Revocation
Providing patient care while under the influence of drugs or alcohol
Giving narcotic drugs without an order
Falsely holding oneself out to the public or to any health-care practitioner as a “nurse practitioner”
