Exam #2: Legal Issues

Question 1

Sources of law

Answer 1

Constitutional
Statutory
Administrative
Common

Question 2

Constitutional Law

Answer 2

federal
state
city

Question 3

Statutory law

Answer 3

laws that are enacted by legislative bodies, declaring, commanding, or prohibiting something

Federal ex: DRG’s and Nurse Education Act

State ex: Nurse Practice Act

Question 4

Administrative law (executive, regulatory)

Answer 4

rules, regulations, and deacons of administrative bodies, to which the statutes have delegated authority

ex: health and sanitary codes

Question 5

Common law (judicial, decisional, case)

Answer 5

federal, state, and local judicial opinions

Question 6

Classifications of law

Answer 6

Criminal
Civil
Contract
Procedural
Martial
Military

Question 7

Criminal law

Answer 7

offenses: least problematic; traffic violations, disorderly conduct

Misdemeanors: forgery, small thievery

Felonies: rape, murder, arson

Question 8

Civil law

Answer 8

civil rights

Question 9

Contract law

Answer 9

type of civil law in which there is an agreement between 2 parties in which a duty is involved

ex: employment contracts in nursing

Question 10

Procedural law

Answer 10

determines which procedural regulations apply at the time

statue of limitations

Question 11

Martial law

Answer 11

suspension of civil law in times of emergency

Question 12

Military law

Answer 12

governs contact of military organizations in peace and war

Question 13

Enforcement of law

Answer 13

Court system: city, county, state, federal, supreme

Jury system: petit, grand

Question 14

Tort Liability (Civil Wrong)

Answer 14

Intentional
Quasi-Intentional
Unintentional
Strict

Question 15

Intentional

Answer 15

assault
battery
false imprisonment
trespass
emotional distress

Question 16

Quasi-Intentional

Answer 16

defamation
--libel: written
--slander: verbal
breach of confidentiality
invasion of privacy

Question 17

Unintentional

Answer 17

negligence
malpractice
abandonment

Question 18

Strict

Answer 18

products liability

–ex: equipment you’re using is defective/malfunctions

Question 19

Litigation trends

Answer 19

increased litigious society
medical law advertising
most suits settled out of court
increased malpractice premiums

Question 20

Contributing Factors to Lawsuits

Answer 20

increased responsibility
supervision of personnel
increased patient acuity
decreased staffing
less knowledgeable staff (float, agency)

Question 21

Causes of nursing litigation

Answer 21

failure to use adequate precautions to protect patient against injury
dysfunctional communication
poor record (charting) keeping
failure to respond to patient's call
outdated nursing knowledge
abandonment
failure to teach
faulty equipment

Question 22

Failure to use adequate precautions to protect patient against injury

Answer 22

failure to prevent or recognize complications
falls
medication errors
inappropriate procedures

Question 23

Dysfunctional communication

Answer 23

unclear writing
verbal orders
improper reporting

Question 24

Poor record (charting) keeping

Answer 24

“If you didn’t chart it, it wasn’t done”

Question 25

What is negligence?

Answer 25

conduct that falls below the standard established by law for the protection of others against unreasonable harm

usually negligence cases end up in civil court…but criminal charges may be brought against you

Question 26

What’s the Good Samaritan Law?

Answer 26

exempt from civil liability when providing emergency care in good faith with due care or without gross negligence

Question 27

Legal sources of standards of care

Answer 27

expert witness
professional literature
institutional policies
manuals/procedure books
drug references
professional standards
licensure

Question 28

Patient Rights

Answer 28

right to safety
right to be informed
right to choose
right to be heard

Question 29

Patient’s Bill of Rights

Answer 29

considerate and respectful care
current and relevant info
privacy
review records
consent or decline research
informed of hospital policies

Question 30

Informed consent

Answer 30

ethical and legal issue
nature of decision/procedure
reasonable alternatives
risks, benefits, uncertainties
access patient understanding
acceptance of intervention by patient

Question 31

Right to Die

Answer 31

Brain death: “the irreversible cessation of all functions of the entire brain, including the brain stem”
Legal definition of death is brain death
–NOT when heart stops, NOT when breathing stops, ONLY when brain dies

Question 32

Do people have the legal right to die in most states?

Answer 32

No

Question 33

What are landmark cases of right to die?

Answer 33

Karen Ann Quinlan

Nancy Cruzan

• -in MO
• -first right to die case to go before U.S. Supreme Court

Question 34

Euthanasia

Answer 34

professionally assisted suicide
Oregon: death w/ dignity act
Legal in Netherlands

Passive vs. Active:

• -passive: fairly common in US; decision to cease or not start treatment is done
• -active: intentional act:
• ->voluntary: w/ patient’s permission
• ->involuntary: w/out patient’s permission

Question 35

Suicide

Answer 35

criminal act if person is of age and sane
typically court will mandate patient to seek health care
encouraging another to commit suicide is murder

Question 36

Order of legal procedure/decision making

Answer 36

spouse
adult son or daughter
either parent
adult brother or sister
grandparent
guardian

Question 37

Rights of Vulnerable Populations

Answer 37

mental competence

children:

• -parental consent
• -age of majority (18)
• -emancipation
• -right of protection
• -right to die

Question 38

Students

Answer 38

liable for own negligence
UAP--follow hospital policies
rules of conduct
due process--grievance process
Buckley amendment