Chapter 8- Nursing Law And Liability Flashcards
Intentional tort
Willful acts that violate another person’s rights or property - usually physical acts; may result in a crime
Quasi-intentional torts
Violation of a person’s reputation, personal privacy, or freedom from malicious or unfounded legal prosecution
Unintentional torts
A wrong occurring to another person leading to injury even though it was not intended
Assault
Saying or doing something that will make a person genuinely fear that he or she will be touched without consent (threat)
Intentional tort
Battery
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
False imprisonment
Making a person stay in a place against his or her wishes; can be verbal, physical, or chemical
Intentional tort
Intentional infliction of emotional distress
The use of extreme or outrageous conduct that causes severe emotional distress in the patient or family
Intentional tort
Conversion of property
Interference by the nurse with the right to possession of the patient’s property by either inter-meddling or destroying the property
Intentional tort
Defamation of character
The sharing of information that unintentionally harms a person’s reputation
Quasi-intentional tort
Slander
Oral defamation of character that is intentional and malicious
Quasi
Libel
Written defamation of character that is intentional and malicious
Quasi
Invasion of privacy
Violation of a person’s right to keep information about self, family, and property from public scrutiny
Quasi
Breach of confidentiality
Revealing information obtained from privileged communication
Quasi
Negligence
Failure to act as a reasonable and prudent person would act in the same situation (standard or practice)
Unintentional tort
Malpractice
Professional negligence; failure to act as a competent and caring nurse (higher standard)
Unintentional tort
Six major causes of negligence
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
Requirements for a malpractice action
Nurses (defendant) practices with specialized knowledge and skills
Through this practice, the nurse caused patient’s injury
The four elements of a cause of action for negligence that must be proved
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
Legal liability
Occurs if a person is found guilty of any tort; generally results in the payment of damages
Compensatory damage
The actual costs incurred because of the negligent act
Punitive damages
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
Personal liability
Each professional is responsible for the actions of those working under the direction
Supervisor liability
Supervisors are responsible for the actions of those working under their direction
Employer liability
Employers can be held responsible for actions committed by employees
Common causes for malpractice lawsuits
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
Nurse Practice Act
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
ANA’s Model Practice Act
Developed to guide revisions in states’ nurse practice acts
NCSBN Model nurse practice act and model nursing administration rules
Comprehensive documents to guide states in developing and revising their nurse practice acts
State boards of nursing
Responsible for enforcing the nurse practice act
Publish rules and regulations that expand law
Revised to keep up with new health care developments
Authority of state board of nursing
Have power to clarify provisions of nurse practice act
Executive branch of SBON
Administers nurse practice act
Legislative branch of SBON
Adopts necessary rules to implement act
Judicial branch of SBON
Authority to discipline a licensee or deny licensure
SBON and educational requirements
Set and enforce minimum criteria for nursing education programs
Have the power to discipline a liecensee
Delegation
Defined as giving someone authority to act for another
5 rights to ensure safe delegation
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)
Informed consent
All patient or guardians must be given an opportunity to give informed consent before treatment, unless it is a life-threatening emergency
Nurses role in informed consent
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
Health Insurence Portability and Accountability Act HIPAA
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
Good Samaritan Law
Written to encourage healthcare professionals to help in emergency situations.
True emergency
Exists when a person will either die or have a permanent injury if not treated immediately
Expert witness
A person called to provide special information or opinions in cases that require special study or experience
Statute of limitation
A time period after which a malpractice suit cannot be filed
Generally, 2 years
The suit-prone patient
Demanding Critical of all aspects Dependent Critical of other nurses Have filed lawsuits before
Suit-prone patient
Insensitive to patient needs Undereducated Overconfident Authoritarian Inflexible Pre-occupied with personal issues
