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patient against injury dysfunctional communication poor record (charting) keeping failure to respond to patient's call outdated nursing knowledge abandonment failure to teach faulty equipment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