Exam #1: Chapter 5 - Legal And Legislative Issues Flashcards
Statutes
Laws that are passed by the state or federal legislators and must be signed by the president or governor
Nurse Practice Acts are an examples of
Statutes
Criminal Law/Courts
- Burden of Proof Required for Guilty Verdict: Beyond a reasonable doubt
- Likely Consequences of Guilty Verdict: Incarceration, probation and fines
Civil Law/Courts
- Burden of Proof Required for Guilty Verdict: Based on a preponderance of the evidence
- Likely Consequences of a Guilty Verdict: Monetary Damages
Administrative Laws/Courts
- Burden of Proof Required for Guilty Verdict: Clear and convincing standard
- Likely Consequences of a Guilty Verdict: Suspension or loss of licensure
Stare Decisis
(Let the decision stand) uses precedents as a decision-making guide
Res judicata
(A thing or matter settled by judgement)
applies only when a competent court has decided a legal dispute and when no further appeals are possible
Respondeat Superior
(the master is responsible for the acts of his servants)
an employer should be held legally liable for the conduct of employees whose actions he or she has a right to direct or control
Two Types of Negligence
- Ordinary Negligence
- Professional negligence (also called malpractice)
Nurses Are at Increased Legal Liability in the 21st Century Owing to the Following
- They have more authority and independence in decision making.
- They have increased legal accountability for decision making.
- They are performing more actions that used to be in the realm of medical practice.
- They are making more money.
- More nurses are carrying malpractice insurance.
Negligence
the omission to do something that a reasonable person, guided by the considerations that ordinarily regulate human affairs, would do—or as doing something that a reasonable and prudent person would not do
Malpractice
the failure of a person with professional training to act in a reasonable and prudent manner—also called professional negligence
Five Components Necessary for Professional Negligence to Occur
- A standard of care is in place (minimal level of expertise delivered to a patient).
- There is a failure to meet the standard of care (breach of duty).
- Foreseeability of harm must exist (ignorance is not an excuse).
- There must be a provable correlation between care and harm.
- Actual patient injury must occur
“Just following physician orders”
Is not a defense of malpractice
How to reduce the risk of malpractice claims?
- Practice within the scope of the nurse practice act.
- Observe agency policies and procedures.
- Model practice after established standards by using evidence-based practice.
- Always put patient’s rights and welfare first.
- Be aware of relevant law and legal doctrines.
- Practice within the area of individual competence and upgrade technical skills consistently.
Incident reports
- Records of unusual or unexpected incidents that occur in the course of a client’s treatment (piece of paper)
- Generally considered confidential communications and cannot be subpoenaed by clients or used as evidence in their lawsuits in most states
- A copy of an incident report should not be left in the chart, and no entry should be made in the patient’s record about the existence of an incident report.
Intentional Torts
Private, civil wrong or injury
Torts include
- Assault and battery
- False imprisonment
- Invasion of privacy
- Defamation of character (i.e slander (spoken) or libel (written))
Responsibilities of the Nurse Manager
- Reporting dangerous understaffing
- Checking staff credentials and qualifications
- Carrying out appropriate discipline
The person(s) giving consent must fully comprehend:
- The procedure to be performed
- The risks involved
- Expected or desired outcomes
- Expected complications or side effects that may occur as a result of treatment
- Alternative treatments that are available
Consent may be given by:
- A competent adult
- A legal guardian or individual holding durable power of attorney
- An emancipated or married minor
- Mature minor (varies by state)
- Parent of a minor child
- Court order
Patient Medical Records
- Patient owns the information, but the record belongs to the facility that made it and is storing it.
- Patients must have reasonable access to the record.
- Collaboration between health-care providers and patients, and documentation thereof, is a good indication of well-provided clinical care
Patient Self Determination Act (PSDA)
Required health-care organizations that received federal funding (Medicare and Medicaid) to provide education for staff and patients on issues concerning treatment and end-of-life issues
Good Samaritan Laws
Suggest that health-care providers are typically protected from potential liability if they volunteer their nursing skills away from the workplace (generally limited to emergencies), provided that actions taken are not grossly negligent and if the health-care worker does not exceed his or her training or scope of practice in performing the emergency services
