Chp 7 Legal Dimensions of Nursing Practice Flashcards
What is a Tort?
A law committed to a person by another person (wrong commitment, false imprisonment, intentional).
What are the two types of Tort?
Intentional and Unintentional.
What does Intentional Tort include?
Threat (assault), carry out act (battery), false imprisonment (restriction of movement against their will), fraud (lying about finances).
What is Negligence?
Failing to perform an act a reasonable person would or would not do (failure to assess/follow standards).
What are the 4 elements of Malpractice?
Duty, breach of duty, causation, damages.
What is Assault?
A threat made.
What is Battery?
A physical act being carried out (action).
Who is the Plaintiff?
The person bringing suit.
Who is the Defendant?
The person being accused of a crime.
What is a Crime?
A wrong against a person, person property as well as the public.
What is a Misdemeanor?
Punishable by fines or less than 1 year imprisonment (e.g., road rage).
What is a Felony?
Punishable by imprisonment for more than 1 year (e.g., burglary).
What are Legal Safeguards for Practice?
Competent practice, protection through informed consent, adequate staffing, whistle-blowing, risk management.
What are the 3 elements of Informed Consent?
Disclosure, comprehension, competence, and voluntariness.
What should you do when following and questioning physician orders?
Can question/verify orders, verbally repeat back, get another nurse to listen, get all orders in writing.
What is an Incident Report?
A hospital-wide report that includes the date, time, place, and factual account of what was witnessed.
What is Student Nurse Liability?
Notify clinical faculty if assignment can’t be carried out; don’t carry out the procedure if you do not know how to do it.
What does HIPAA ensure?
Patients’ rights, including copies of charting, corrections, updates, and restrictions on medical information.
What are the criteria for Malpractice?
Falls under common law; e.g., patient suffers injury (blood clot).
What is the Nurse Practice Act?
The most important law protecting nursing practice.
What is Credentialing?
The way professional competence is ensured and maintained.
What can lead to Suspension or Revoking of a nursing license?
Drug or alcohol use, fraud, deceptive practice, disciplinary actions, gross or ordinary negligence, criminal acts, physical/mental impairment.
What are the 4 Elements of Liability?
- Duty: nurse pt. relationship (legally responsible is you jump to save a pt.).
- Breach of Duty: lack of nurse competency; no side rails & pt. falls.
- Causation: if nurse didn’t leave side rails down, the pt. wouldn’t have fallen. Direct cause-and-effect.
- Damages: the injuries a pt. suffers from a fall.
What is the Good Samaritan Law?
Legally mandated to stay until medics arrive; not required to give assistance.
