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Profession Of Nursing > Chapter 8- Nursing Law And Liability > Flashcards

Chapter 8- Nursing Law And Liability Flashcards

1
Q

Intentional tort

A

Willful acts that violate another person’s rights or property - usually physical acts; may result in a crime

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2
Q

Quasi-intentional torts

A

Violation of a person’s reputation, personal privacy, or freedom from malicious or unfounded legal prosecution

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3
Q

Unintentional torts

A

A wrong occurring to another person leading to injury even though it was not intended

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4
Q

Assault

A

Saying or doing something that will make a person genuinely fear that he or she will be touched without consent (threat)

Intentional tort

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5
Q

Battery

A

Unconsented touching of a person, or anything he or she is wearing or holding, or anything that is attached to him or her, without the person’s permission; does not have to cause injury

Intentional tort

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6
Q

False imprisonment

A

Making a person stay in a place against his or her wishes; can be verbal, physical, or chemical

Intentional tort

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7
Q

Intentional infliction of emotional distress

A

The use of extreme or outrageous conduct that causes severe emotional distress in the patient or family

Intentional tort

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8
Q

Conversion of property

A

Interference by the nurse with the right to possession of the patient’s property by either inter-meddling or destroying the property

Intentional tort

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9
Q

Defamation of character

A

The sharing of information that unintentionally harms a person’s reputation

Quasi-intentional tort

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10
Q

Slander

A

Oral defamation of character that is intentional and malicious

Quasi

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11
Q

Libel

A

Written defamation of character that is intentional and malicious

Quasi

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12
Q

Invasion of privacy

A

Violation of a person’s right to keep information about self, family, and property from public scrutiny

Quasi

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13
Q

Breach of confidentiality

A

Revealing information obtained from privileged communication

Quasi

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14
Q

Negligence

A

Failure to act as a reasonable and prudent person would act in the same situation (standard or practice)

Unintentional tort

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15
Q

Malpractice

A

Professional negligence; failure to act as a competent and caring nurse (higher standard)

Unintentional tort

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16
Q

Six major causes of negligence

A 
Failure to follow standards of care
Failure to use equipment in a responsible manner
Failure to Communicate
Failure to Document
Failure to Assess and monitor
Failure to Act as a patient advocate
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17
Q

Requirements for a malpractice action

A

Nurses (defendant) practices with specialized knowledge and skills

Through this practice, the nurse caused patient’s injury

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18
Q

The four elements of a cause of action for negligence that must be proved

A

Nurse has assumed the duty of care

Nurse breached the duty by failing standard of care

This failure was the proximate cause of the injury

The injury is proven

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19
Q

Legal liability

A

Occurs if a person is found guilty of any tort; generally results in the payment of damages

20
Q

Compensatory damage

A

The actual costs incurred because of the negligent act

21
Q

Punitive damages

A

Money awarded beyond the compensatory damages to “punish” the violator and send a message that this behavior in unacceptable; tend to much greater amounts of money

22
Q

Personal liability

A

Each professional is responsible for the actions of those working under the direction

23
Q

Supervisor liability

A

Supervisors are responsible for the actions of those working under their direction

24
Q

Employer liability

A

Employers can be held responsible for actions committed by employees

25
Q

Common causes for malpractice lawsuits

A 
Burns
Falls
Failure to observe and take appropriate action
Loss or damage to patient property
Things left in patient during surgery
Lack of informed consent 
Physician's job to get informed consent
26
Q

Nurse Practice Act

A

NPA is the stature that defines nursing practice.

Four objectives:
Defines practice of professional nursing, sets educations and other requirements for licensure, determined legal titles and abbreviations, provides for disciplinary action

27
Q

ANA’s Model Practice Act

A

Developed to guide revisions in states’ nurse practice acts

28
Q

NCSBN Model nurse practice act and model nursing administration rules

A

Comprehensive documents to guide states in developing and revising their nurse practice acts

29
Q

State boards of nursing

A

Responsible for enforcing the nurse practice act

Publish rules and regulations that expand law

Revised to keep up with new health care developments

30
Q

Authority of state board of nursing

A

Have power to clarify provisions of nurse practice act

31
Q

Executive branch of SBON

A

Administers nurse practice act

32
Q

Legislative branch of SBON

A

Adopts necessary rules to implement act

33
Q

Judicial branch of SBON

A

Authority to discipline a licensee or deny licensure

34
Q

SBON and educational requirements

A

Set and enforce minimum criteria for nursing education programs

Have the power to discipline a liecensee

35
Q

Delegation

A

Defined as giving someone authority to act for another

36
Q

5 rights to ensure safe delegation

A

Right task (appropriate to be delegated)

Right circumstance (appropriate for this case)

Right person (is person competent)

Right direction/communication (are instructions clear)

Right supervision/evaluation (can you evaluate the patient and performance of task)

37
Q

Informed consent

A

All patient or guardians must be given an opportunity to give informed consent before treatment, unless it is a life-threatening emergency

38
Q

Nurses role in informed consent

A

May witness the pt signing the consent

We do NOT explain the procedure or risks

Advocate for the patient if they do not understand fully

39
Q

Health Insurence Portability and Accountability Act HIPAA

A

First federal privacy standard governing protection of patients medical records

Reinforces protection of electronically transmitted information

Requires all health care providers to ensure patients’ privacy and confidentiality

40
Q

Good Samaritan Law

A

Written to encourage healthcare professionals to help in emergency situations.

41
Q

True emergency

A

Exists when a person will either die or have a permanent injury if not treated immediately

42
Q

Expert witness

A

A person called to provide special information or opinions in cases that require special study or experience

43
Q

Statute of limitation

A

A time period after which a malpractice suit cannot be filed

Generally, 2 years

44
Q

The suit-prone patient

A 
Demanding
Critical of all aspects
Dependent
Critical of other nurses
Have filed lawsuits before
45
Q

Suit-prone patient

A 
Insensitive to patient needs
Undereducated
Overconfident
Authoritarian
Inflexible 
Pre-occupied with personal issues

Profession Of Nursing (3 decks)

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