chapter 5

Question 1

Ethics has to do with…

Answer 1

actions that people should take, not necessarily actions they are legally required to take

Question 2

primary purpose of law and legislation

Answer 2

to protect the patient and the nurse

Question 3

sources of law

Answer 3

constitutions, statutes, administrative agencies, court decisions

Question 4

constiution

Answer 4

a system of fundamental laws or principles that govern a nation, society, corporation, or other aggregate of individuals. the purpose of a constitution is to establish a basis of a governing system for the future and the present

Question 5

statutes

Answer 5

laws that govern. second source of law.

Question 6

51 nurse practice acts

Answer 6

examples of a statute. define and limit the practice of nursing, stating what constitutes authorized practice as well as what exceeds the scope of authority.

Question 7

administrative agencys

Answer 7

thirs source of law. given authority to act by the legislative bodies and create rules and regulations that enforce statutory laws. administrative laws are valid only to the extent that they are within the scope of the authority granted to them by the legislative body

Question 8

court decisions

Answer 8

fourth source of law. judicial or decisional laws are made by the courts to interpret legal issues that are in dispute.

Question 9

3 different types of court cases a nurse may be involved in

Answer 9

criminal, civil, administrative

Question 10

criminal cases

Answer 10

the individual faces charges generally filed by the state or federal attorney for crimes committed against an individual or society, individual is always presumed to be innocent until proven guilty beyond reasonable doubt

Question 11

civil cases

Answer 11

one individual sues another for money to compensate for a perceived loss. burden of proof required to be found guilty in a civil case is described as preponderance of evidence

Question 12

where are most malpractice cases tried?

Answer 12

in civil court

Question 13

administrative cases

Answer 13

individual is sued by a state or federal governmental agency assigned the responsibility of implementing governmental programs. burden of proof in these cases vary from state to state. when the clear and convincing standard is not used, the preponderance of evidence may be used. clear and convincing involves higher burdens of proof than preponderance of evidence, significantly lower burdens of proof than beyond reasonable doubt.

Question 14

stare decisis

Answer 14

guide courts in decision making. means “let the decision stand.” uses precedents as a guide for decision making.

Question 15

precedent

Answer 15

a guide for legal decision making

Question 16

res judicata

Answer 16

“a thing or matter settled by judgement” applies only when a competent court has decided a legal dispute and no other appeals are possible. the doctrine keeps parties involved in the original lawsuit from trying that same issues again

Question 17

malpractice liability suits

Answer 17

the plaintiff is the injured party and the defendant is the professional who is alleged to have caused the injury

Question 18

negligence

Answer 18

the omission to do something that a reasonable person, guided by the considerations that ordinarily regulate human affairs, would do-or as doing something that reasonable and prudent person would not do

Question 19

malpractice

Answer 19

the failure of a person with professional training to act in a reasonable and prudent manner. also called professional negligence

Question 20

five components of malpractice (professional negligence)

Answer 20

duty to use due care, failure to meet standard of care, foreseeability of harm, direct relationship between failure to meet the SOC and injury can be proved, injury

Question 21

standards of care

Answer 21

guarantee clients safe nursing care, include organizational policy and procedure statements, job descriptions, and student guidelines

Question 22

healthcare in the crossroads areas of focus

Answer 22

prevent injuries, improve communication, examine mechanisms for injury compensation

Question 23

joint liability

Answer 23

the nurse, physician, and employing organization are all held liable

Question 24

vicarious liability

Answer 24

employers held liable for the nurses acts

Question 25

respondent superior

Answer 25

the master is responsible for the acts of his servants

Question 26

exceptions to respondent superior

Answer 26

1. in some states, the doctrine of charitable immunity applies. a charitable organization cannot be charged for employees negligence
2. governmental immunity

Question 27

personal liability

Answer 27

every person is liable for his or her own conduct

Question 28

torts

Answer 28

legal wrongs committed against a person or property, independant of a contract, that render the person who commits them liable for damages in a civil action

Question 29

example of unintentional tort

Answer 29

negligence

Question 30

examples of intententional torts

Answer 30

assault, battery, false imprisonment, invasion of privacy, defamation, slander

Question 31

intentional torts

Answer 31

indirect invasion of someones legal rights

Question 32

false imprisonment

Answer 32

use of physical restraints. restraint of persons liberty of movement by another party who lacks the legal authority or justification to do so

Question 33

defamation

Answer 33

intentional tort. communicating to a third party, false information that injures a persons reputation. when its written, it is called libel. when spoken its called slander

Question 34

product liability

Answer 34

when a product is involved, negligence doesnt have to be proved.

Question 35

express consent

Answer 35

nurses witness patients sign a consent form. the role of nurse is to be sure the patient has received informed consent and to seek remedy if he or she has not

Question 36

PSDA

Answer 36

1991. 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. Includes the use of advance directives, durable power of attorney

Question 37

PSDA requires..

Answer 37

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.

Question 38

Good Samaritan laws

Answer 38

apply only if the health-care worker does not exceed his or her training or scope of practice in performing the emergency services

Question 39

HIPAA

Answer 39

represents administrative simplification plan, and privacy rules

Question 40

administrative simplification plan

Answer 40

directed at restructuring the coding of health information to simplify the digital exchange of information among health-care providers and to improve the efficiency of health-care delivery. the privacy rules are directed at ensuring strong privacy protections for a patient without threatening access to healthcare

Question 41

privacy rule

Answer 41

applies to health plans, health-care clearing houses, and health-care providers. covers all patient records and other individually identifiable health information

Question 42

most important leadership roles in laws and legislation

Answer 42

vision, risk taking, energy