Chapter 8- Nursing Law And Liability

Question 1

Intentional tort

Answer 1

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

Question 2

Quasi-intentional torts

Answer 2

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

Question 3

Unintentional torts

Answer 3

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

Question 4

Assault

Answer 4

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

Intentional tort

Question 5

Battery

Answer 5

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

Question 6

False imprisonment

Answer 6

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

Intentional tort

Question 7

Intentional infliction of emotional distress

Answer 7

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

Intentional tort

Question 8

Conversion of property

Answer 8

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

Intentional tort

Question 9

Defamation of character

Answer 9

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

Quasi-intentional tort

Question 10

Slander

Answer 10

Oral defamation of character that is intentional and malicious

Quasi

Question 11

Libel

Answer 11

Written defamation of character that is intentional and malicious

Quasi

Question 12

Invasion of privacy

Answer 12

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

Quasi

Question 13

Breach of confidentiality

Answer 13

Revealing information obtained from privileged communication

Quasi

Question 14

Negligence

Answer 14

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

Unintentional tort

Question 15

Malpractice

Answer 15

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

Unintentional tort

Question 16

Six major causes of negligence

Answer 16

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

Question 17

Requirements for a malpractice action

Answer 17

Nurses (defendant) practices with specialized knowledge and skills

Through this practice, the nurse caused patient’s injury

Question 18

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

Answer 18

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

Question 19

Legal liability

Answer 19

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

Question 20

Compensatory damage

Answer 20

The actual costs incurred because of the negligent act

Question 21

Punitive damages

Answer 21

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

Question 22

Personal liability

Answer 22

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

Question 23

Supervisor liability

Answer 23

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

Question 24

Employer liability

Answer 24

Employers can be held responsible for actions committed by employees

Question 25

Common causes for malpractice lawsuits

Answer 25

``` 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 ```

Question 26

Nurse Practice Act

Answer 26

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

Question 27

ANA's Model Practice Act

Answer 27

Developed to guide revisions in states' nurse practice acts

Question 28

NCSBN Model nurse practice act and model nursing administration rules

Answer 28

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

Question 29

State boards of nursing

Answer 29

Responsible for enforcing the nurse practice act Publish rules and regulations that expand law Revised to keep up with new health care developments

Question 30

Authority of state board of nursing

Answer 30

Have power to clarify provisions of nurse practice act

Question 31

Executive branch of SBON

Answer 31

Administers nurse practice act

Question 32

Legislative branch of SBON

Answer 32

Adopts necessary rules to implement act

Question 33

Judicial branch of SBON

Answer 33

Authority to discipline a licensee or deny licensure

Question 34

SBON and educational requirements

Answer 34

Set and enforce minimum criteria for nursing education programs Have the power to discipline a liecensee

Question 35

Delegation

Answer 35

Defined as giving someone authority to act for another

Question 36

5 rights to ensure safe delegation

Answer 36

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)

Question 37

Informed consent

Answer 37

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

Question 38

Nurses role in informed consent

Answer 38

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

Question 39

Health Insurence Portability and Accountability Act HIPAA

Answer 39

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

Question 40

Good Samaritan Law

Answer 40

Written to encourage healthcare professionals to help in emergency situations.

Question 41

True emergency

Answer 41

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

Question 42

Expert witness

Answer 42

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

Question 43

Statute of limitation

Answer 43

A time period after which a malpractice suit cannot be filed Generally, 2 years

Question 44

The suit-prone patient

Answer 44

``` Demanding Critical of all aspects Dependent Critical of other nurses Have filed lawsuits before ```

Question 45

Suit-prone patient

Answer 45

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