Exam #2: Legal Issues Flashcards
Sources of law
Constitutional
Statutory
Administrative
Common
Constitutional Law
federal
state
city
Statutory law
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
Administrative law (executive, regulatory)
rules, regulations, and deacons of administrative bodies, to which the statutes have delegated authority
ex: health and sanitary codes
Common law (judicial, decisional, case)
federal, state, and local judicial opinions
Classifications of law
Criminal Civil Contract Procedural Martial Military
Criminal law
offenses: least problematic; traffic violations, disorderly conduct
Misdemeanors: forgery, small thievery
Felonies: rape, murder, arson
Civil law
civil rights
Contract law
type of civil law in which there is an agreement between 2 parties in which a duty is involved
ex: employment contracts in nursing
Procedural law
determines which procedural regulations apply at the time
statue of limitations
Martial law
suspension of civil law in times of emergency
Military law
governs contact of military organizations in peace and war
Enforcement of law
Court system: city, county, state, federal, supreme
Jury system: petit, grand
Tort Liability (Civil Wrong)
Intentional
Quasi-Intentional
Unintentional
Strict
Intentional
assault battery false imprisonment trespass emotional distress
Quasi-Intentional
defamation --libel: written --slander: verbal breach of confidentiality invasion of privacy
Unintentional
negligence
malpractice
abandonment
Strict
products liability
–ex: equipment you’re using is defective/malfunctions
Litigation trends
increased litigious society
medical law advertising
most suits settled out of court
increased malpractice premiums
Contributing Factors to Lawsuits
increased responsibility supervision of personnel increased patient acuity decreased staffing less knowledgeable staff (float, agency)
Causes of nursing litigation
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patient against injury dysfunctional communication poor record (charting) keeping failure to respond to patient's call outdated nursing knowledge abandonment failure to teach faulty equipment
Failure to use adequate precautions to protect patient against injury
failure to prevent or recognize complications
falls
medication errors
inappropriate procedures
Dysfunctional communication
unclear writing
verbal orders
improper reporting
Poor record (charting) keeping
“If you didn’t chart it, it wasn’t done”
What is negligence?
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
What’s the Good Samaritan Law?
exempt from civil liability when providing emergency care in good faith with due care or without gross negligence
Legal sources of standards of care
expert witness professional literature institutional policies manuals/procedure books drug references professional standards licensure
Patient Rights
right to safety
right to be informed
right to choose
right to be heard
Patient’s Bill of Rights
considerate and respectful care current and relevant info privacy review records consent or decline research informed of hospital policies
Informed consent
ethical and legal issue nature of decision/procedure reasonable alternatives risks, benefits, uncertainties access patient understanding acceptance of intervention by patient
Right to Die
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
Do people have the legal right to die in most states?
No
What are landmark cases of right to die?
Karen Ann Quinlan
Nancy Cruzan
- -in MO
- -first right to die case to go before U.S. Supreme Court
Euthanasia
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
Suicide
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
Order of legal procedure/decision making
spouse adult son or daughter either parent adult brother or sister grandparent guardian
Rights of Vulnerable Populations
mental competence
children:
- -parental consent
- -age of majority (18)
- -emancipation
- -right of protection
- -right to die
Students
liable for own negligence UAP--follow hospital policies rules of conduct due process--grievance process Buckley amendment
