Class 5 Professional Liability Flashcards

Question

Criminal Laws what is a felony? examples? Violation of what Act? Violation of what Law?

Answer 1

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

Answer 2

Misdemeanor: less than a year in jail | Assault, battery, theft, crimes against others

Answer 3

Written agreement or contract Breach of contract Nursing malpractice and employment actions, involve civil laws

Answer 4

Intentional Torts Quasi-intentional Torts Unintentional Torts

Answer 5

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)

Answer 6

Assault | Threat-- threaten, restrain, inject, withhold food, threaten to harm

Answer 7

Battery Harmful or offensive physical touching without consent Ask permission and document General permission in hospital consent forms

Answer 8

False Imprisonment Without legal authorization to hold Physical or chemical unless danger to self or others Against medical advice (AMA)

Answer 9

Defamation of character | Invasion of Privacy

Answer 10

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)

Answer 11

``` Invasion of Privacy Includes Confidentiality of information Protection from publishing hospitalization No photos without written consent No release of record without consent ```

Answer 12

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

Answer 13

Negligence The failure to act as a reasonably prudent (careful) person would have acted in a specific situation. (hang the wrong IV)

Answer 14

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

Answer 15

Good Samaritan Act (1997)

Answer 16

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

Answer 17

Malpractice litigation Failure to follow standards of care Failure to assess and diagnose Failure to communicate Failure to document

Answer 18

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 ```

Answer 19

Full disclosure of risks and alternatives available

Answer 20

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)

Answer 21

Exception: Emergency department (To save life)

Answer 22

Impaired professionals Abuse or neglect (CPS for children) Communicable diseases Unauthorized practice

Answer 23

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)

Answer 24

``` Musculoskeletal Urinary Reproductive Skin / sense organs Endocrine Lymphatic ```

Answer 25

organs that produce and send urine out of the body. kidneys ureters bladder urethra

Answer 26

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

Answer 27

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

Answer 28

endocrine glands | organs that produce (secrete) hormones; examples are thyroid, pituitary, and adrenal glands

Answer 29

``` group of organs composed of lymphatic tissue that produce lymphocytes to defend the body against foreign organisms lymph vessels lymph nodes spleen thymus ```

Answer 30

``` organs that support the body and allow it to move, including: muscles bones joints connective tissues ```