Chapter 7: Legal Dimensions of Nursing Practice Concepts Flashcards
A law:
standard rule of conduct established and enforced by the government that is intended chiefly to protect the rights of the public. may be public, priate, civil or criminal. f
four sources of laws:
constitutional law, statuatory law, administrative law, and common law
The court system
litigation, plaintiff, defendent, criminal law is concerned with actions that are harmful to society as a whole
two levels of courts
trial and appellate. trial: first level, usually with a jory.
Appellate: only cases questioning a point of law decided by the trial court. not witnesses,
Standards:
voluntary standards: developed and implemented by the nursing profession itself, not mandatory but are used as guidelines.
Legal Standards: developed by a legislature that are implemented by authority granted by the state to determine minimum standards for the ducation of nurses, to set requirements for license or registration, and to deide when a license may be suspended or revoked
Credentialing
Accreditation. Licensure. Certification
Torts a nurse be held for
assault and battery, defamation of character, invasion of privacy, false impirsonment, and fraud
HIPAA
The Health Insurance Portability and Accountability act.
patients have the right to:
To see and copy their health record
To update their health record
To request correction of any mistakes
To get a list of the disclosures a health care institution has made independent of disclosures made for the purposes of treatment, payment, and health care operations
To request a restriction on certain uses or disclosures
To choose how to receive health information
Invasion of Privacy by the Nurse
Unnecessary exposure of patients while moving them through a corridor or while caring for them in rooms they share with others
Talking with patients in rooms that are not soundproof
Discussing patient information with people not entitled to the information (e.g., with the patient’s employer or the press, or even the patient’s family if not authorized to do so)
Pressing the patient for information not necessary for care planning
Interacting with the patient’s family in ways not authorized by the patient
Using tape recorders, dictating machines, computers, and the like without taking precautions to ensure the patient’s confidentiality (see Chapter 19 and Box 7-2)
Preparing written or oral class assignments about patients without concealing their identity
Carrying out research without taking proper precautions to ensure the anonymity of patients
Elements of Liability
Duty: obligation to use due care and what is defined by the standard of care appropriate for the nurse patient relationship
Brach of duty: failure to meet the standard of care
Causation: most difficult element of liability to prove, shows that the failure to meet the standard of care actually caused the injury
Damages: actual harm or injury to the pratient
Issues that Affect Competent Practice
nurse fatigue, impaired nurse, informed consent or refusal, contracts, collective bargaining, patient education excecuting provider orders, delegating nursing care, documentation, appropriate use of social media, adequate staffing, , whistle blowing, professional liability insurance, risk management programs, just culture, incident variance or occurrence reports, sentinel events, never events, patients rights, good samaritan laws, student liability,
Laws affecting nursing practice
occupational safety and health, national practitioner date bank, reporting obligations, controlled substances, discrimination and sexual harassment, HIPAA, restraints, people with disabilities, Wills,
Legal issues related to dying and death
advance directive, DNRs, assisted suicide, direct voluntary euthanasia, organ donation, autopsy, and inquest.
