Class 5 Professional Liability Flashcards
Standards of Nursing Practice
guidelines for what?
aka?
determines what 2 things?
Provides guidelines for nursing practice; also referred to as Standards of Care, the Nursing Process
Determine whether a nurse has acted in a “reasonably prudent” manner
Determines whether the nurse has acted the same as another nurse in a similar setting with the same credentials would have acted
Standards of Nursing Practice aka?
Provides guidelines for nursing practice; also referred to as Standards of Care, the Nursing Process
Standards of Nursing Practice determines what 2 things?
Determine whether a nurse has acted in a “reasonably prudent” manner
Determines whether the nurse has acted the same as another nurse in a similar setting with the same credentials would have acted
who oversees Nurse Practice Acts?
State Boards of Nursing oversee Nurse Practice Acts:
Regulate scope of nursing practice
Protect public health, safety and welfare
Shields public from unqualified and unsafe nurses
Establish minimum education, required certifications, and practice guidelines for advanced practice nursing
State Boards of Nursing oversee Nurse Practice Acts
what 4 things do they do?
SEDAN LSS
ssee
State Boards of Nursing oversee Nurse Practice Acts:
Regulate scope of nursing practice
Protect public health, safety and welfare
Shields public from unqualified and unsafe nurses
Establish minimum education, required certifications, and practice guidelines for advanced practice nursing
Public Health Code
In Michigan what do they do?
what 4 legal boundaries do we need to know
In Michigan, defines the legal boundaries of Nursing Practice
Standard of Practice for a Student
Safe and prudent care
Based on standards of Professional Nursing Practice
Same as a professional nurse
Student Liability
Who is Liable for Your Actions as a Student?
Who is Liable for Your Actions as a Student? You Your instructor MCC Nursing Program Institution where you are practicing
Students are Not Employees: Implications
No workers comp
No health care coverage
No disability
Need to carry your own health and liability insurance
Student Liability
Students are Not Employees: Implications?
Students are Not Employees: Implications
No workers comp
No health care coverage
No disability
Need to carry your own health and liability insurance
Federal Statutes and Nursing Practice
what does HIPAA stand for?
what does ADA stand for?
what does EMTALA stand for?
Name of Gift Act?
what does OSHA stand for?
Health Insurance Portability and Accountability Act (HIPAA)
Americans with Disabilities Act (ADA)
Emergency Medical Treatments Active Labor Act (EMTALA)
Patient Self Determination- Advanced Directives- Living Wills
Durable Power of Attorney for Health Care (DPAHC)
Uniform Anatomical Gift Act
Occupational Safety and Health Act (OSHA)
Federal Statutes and Nursing Practice
What does HIPAA stand for ?
What year was HIPAA established?
What 5 things does HIPAA do?
HIPAA (1996) Health Insurance Portability and Accountability Act
Protects privacy of personal health info Establishes guidelines for sharing info regarding patient Limits access to patient charts Confidentiality Allows patient to receive a copy
Federal Statutes and Nursing Practice
HIPAA what are the 2 main reasons for?
Confidentiality and Privacy
Privacy—the right to keep personal info from being disclosed
Confidentiality—protects private info once it has been disclosed in health care settings
Federal Statutes and Nursing Practice
What does EMTALA stand for?
what year established?
what 3 does it say?
Emergency Medical Treatments and Active Labor Act
( EMTALA 1986)
A hospital must perform a medical screening exam to any person coming to the ED seeking care.
A patient must be stabilized prior to transfer to another facility. (“dumping” patients)
A hospital may not transfer an unstable patient.
Patient can be transferred by their own request.
Federal Statutes and Nursing Practice
name of act for Advanced Directives?
year established?
what 4 things we need to know this Act does?
Patient Self Determination Act 1991 (Advanced Directives)
Based on values of informed consent, patient autonomy over end-of-life decisions, truth telling and control over the dying process.
Health care facilities must provide written info to patients concerning their rights to make healthcare decisions including the right to refuse treatment and develop an advanced directive.
The patient’s medical record needs to have documented whether or not the patient has signed an advanced directive.
Living wills or durable powers of attorney for health care are enforceable.
The patient must be legally competent.
Federal Statutes and Nursing Practice
Patient Self Determination Act 1991 (Advanced Directives)
what 3 legal documents used?
Living will: Written document that directs treatment according to the patient wishes in the event of a terminal illness or condition. (Specific procedures)
Durable power of attorney: A legal document that designates a person or persons chosen by the patient to make health care decisions when no longer able to make decisions.
DNR-Do not resuscitate. Pt and family wishes to honor the patient’s wish to die with dignity.
Federal Statutes and Nursing Practice
Patient Self Determination Act 1991 (Advanced Directives)
what is a living will?
Living will:
Written document that directs treatment according to the patient wishes in the event of a terminal illness or condition. (Specific procedures)
Federal Statutes and Nursing Practice
Patient Self Determination Act 1991 (Advanced Directives)
what is durable power of attorney?
Durable power of attorney:
A legal document that designates a person or persons chosen by the patient to make health care decisions when no longer able to make decisions.
Federal Statutes and Nursing Practice
Patient Self Determination Act 1991 (Advanced Directives)
what is DNR? What does DNR stand for?
DNR-Do not resuscitate.
Pt and family wishes to honor the patient’s wish to die with dignity.
Federal Statutes and Nursing Practice
what does ADA stand for?
what year ADA established?
Americans with Disabilities Act (1990)
Federal Statutes and Nursing Practice
Americans with Disabilities Act (1990) - ADA
what 3 things do we need to know they do?
Protects the rights of individuals with physical or mental impairment
Prohibits discrimination
Disclosure by patients is not mandatory
Federal Statutes and Nursing Practice
Uniform Anatomical Gift Act year established?
What 4 things we need to know they do?
Uniform Anatomical Gift Act (2006)
Anyone over 18 y/o can consent to be organ donor
Donation must be in writing with signature
Required request laws
Know agency’s policy
Federal Statutes and Nursing Practice
What does OSHA stand for?
what year established?
OSHA (1970)
Occupational Safety and Health Administration
Federal Statutes and Nursing Practice
what does OSHA stand for?
what 4 things do we need to know they do?
OSHA (1970)
Occupational Safety and Health Administration
Provides guidelines for safety in the employment setting
Sets and enforces standards to protect employees
Provides training, outreach, education and assistance
Annual Blood Borne Pathogens Training
Criminal Laws
Criminal Acts are considered offenses against whom?
Criminal Acts are considered offenses against the state
Felony: A serious act punishable by death or greater than one year imprisonment
Murder, failure to report child abuse, fraud in business records, patient abuse and neglect, stealing, selling or using illegal drugs
Violation of a State Practice Act
Violation of Narcotic Laws
Misdemeanor: less than a year in jail
Assault, battery, theft, crimes against others
Criminal Laws
2 examples of criminal acts
Criminal Acts are considered offenses against the state
Felony: A serious act punishable by death or greater than one year imprisonment
Murder, failure to report child abuse, fraud in business records, patient abuse and neglect, stealing, selling or using illegal drugs
Violation of a State Practice Act
Violation of Narcotic Laws
Misdemeanor: less than a year in jail
Assault, battery, theft, crimes against others
Criminal Laws
what is a felony?
examples?
Violation of what Act?
Violation of what Law?
Felony: A serious act punishable by death or greater than one year imprisonment
Murder, failure to report child abuse, fraud in business records, patient abuse and neglect, stealing, selling or using illegal drugs Violation of a State Practice Act Violation of Narcotic Laws
Criminal Laws
Misdemeanor
potential jail time?
examples of a misdemeanor?
Misdemeanor: less than a year in jail
Assault, battery, theft, crimes against others
Civil Laws-Contracts
3 examples
Written agreement or contract
Breach of contract
Nursingmalpractice and employment actions,
involvecivil laws
Civil Laws-Tort Laws
name 3 torts
Intentional Torts
Quasi-intentional Torts
Unintentional Torts
Civil Laws-Tort Laws
what are 3 Intentional Torts?
Assault
Threat– threaten, restrain, inject, withhold food, threaten to harm
Battery
Harmful or offensive physical touching without consent
Ask permission and document
General permission in hospital consent forms
False Imprisonment
Without legal authorization to hold
Physical or chemical unless danger to self or others
Against medical advice (AMA)
Civil Laws-Tort Laws
Intentional Torts
what does assault mean?
Assault
Threat– threaten, restrain, inject, withhold food, threaten to harm
Civil Laws-Tort Laws
Intentional Torts
what does battery mean?
Battery
Harmful or offensive physical touching without consent
Ask permission and document
General permission in hospital consent forms
Civil Laws-Tort Laws
Intentional Torts
what does false imprisonment mean?
False Imprisonment
Without legal authorization to hold
Physical or chemical unless danger to self or others
Against medical advice (AMA)
Civil Laws-Tort Laws
what 2 Quasi-intentional Torts?
Defamation of character
Invasion of Privacy
Civil Laws-Tort Laws
Quasi-intentional Torts
what is Defamation of character?
what are the 2 forms of defamation?
Defamation of character
Must be false
Must be made to another person(s)
Caused negative impact on reputation
Was made as a statement of fact rather than opinion
Libel (written) Slander (spoken)
Civil Laws-Tort Laws
Quasi-intentional Torts
what does invasion of privacy include?
Invasion of Privacy Includes Confidentiality of information Protection from publishing hospitalization No photos without written consent No release of record without consent
Civil Laws-Tort Laws
name 2 UNintentional Torts
Negligence
The failure to act as a reasonably prudent (careful) person would have acted in a specific situation. (hang the wrong IV)
Malpractice: Professional negligence Criteria:
Nursing care falls below a standard of care.
The nurse owed a duty to the patient.
The nurse did not carry out that duty
The patient was injured
Only applies to professionals:
Physicians, nurses, dentists Professional standard of care
Civil Laws-Tort Laws
UNintentional Torts
what is negligence?
Negligence
The failure to act as a reasonably prudent (careful) person would have acted in a specific situation. (hang the wrong IV)
Civil Laws-Tort Laws
UNintentional Torts
Malpractice:
4 Professional negligence Criteria?
who does it apply to?
Malpractice: Professional negligence Criteria:
Nursing care falls below a standard of care.
The nurse owed a duty to the patient.
The nurse did not carry out that duty
The patient was injured
Only applies to professionals:
Physicians, nurses, dentists Professional standard of care
Good Samaritan Act
what year established?
Good Samaritan Act (1997)
Good Samaritan Act (1997)
what 3 things we need to know?
Encourages health care professionals to respond in an emergency (Stop at the scene of an accident)
Provides immunity from liability if complications occur from actions designed to help save a life
If you perform a procedure for which you aren’t trained, you are liable for injury
If you leave a patient without “handing off” to a capable person you can be liable for patient abandonment
Malpractice litigation
what 4 things we fail to do that may cause malpractice litigation?
Malpractice litigation
Failure to follow standards of care
Failure to assess and diagnose
Failure to communicate
Failure to document
what 8 things should you follow to not Be Named in a Lawsuit
Don’t Be Named in a Lawsuit
Know and follow Standards of Professional Practice and Standards of Professional Performance
Theory, knowledge, skills practice, application to the clinical area
Provide competent care Empathy with patients Complete and objective documentation Maintain confidentiality Follow policy and Procedure Safe equipment Honesty
Informed Consent
definition
Full disclosure of risks and alternatives available
Informed Consent
requirements?
Full disclosure of risks and alternatives available
Information on surgical/medical procedures is provided by the physician. (Risks/benefits)
Patient is competent
Patient > 18 years old
Patient understands and has no further questions.
RN witnesses patient’s signature of consent.
RN signature indicates witness of signature and above criteria.
As a student, report questions to the RN or physician.
Medical translator needed for consents.
Exception: Emergency department (To save life)
Informed Consent
exception?
Exception: Emergency department (To save life)
Mandatory reporting
what 4 things are you required to report?
Impaired professionals
Abuse or neglect (CPS for children)
Communicable diseases
Unauthorized practice
Professional liability insurance
insert question here
Pros and cons
Covered under student college policy for student experiences
Covered as an employee under employer liability insurance
If self employed
Occurrence based
Claims made (during policy period only)
Communication TLO 1.6
6 body systems
Musculoskeletal Urinary Reproductive Skin / sense organs Endocrine Lymphatic
Communication TLO 1.6
Urinary
organs that produce and send urine out of the body. kidneys
ureters
bladder
urethra
Communication TLO 1.6
Reproductive
male
female
male
organs that produce sperm cells and male hormones
female
organs (ovaries) that produce and transport (fallopian tubes) eggs cells and secrete female hormones (estrogen and progesterone)
includes uterus, where the embryo and fetus grow
Communication TLO 1.6
Skin / sense organs
skin: outer covering that protects the body
sense organs: parts of the body that receive messages from the environment and relay them to the brain so that we see, hear, and feel sensations.
examples:
eye
ear
skin
Communication TLO 1.6
Endocrine
endocrine glands
organs that produce (secrete) hormones; examples are thyroid, pituitary, and adrenal glands
Communication TLO 1.6
Lymphatic
group of organs composed of lymphatic tissue that produce lymphocytes to defend the body against foreign organisms lymph vessels lymph nodes spleen thymus
Communication TLO 1.6
Musculoskeletal
organs that support the body and allow it to move, including: muscles bones joints connective tissues
