Exam #2: Legal Issues Flashcards

1
Q

Sources of law

A

Constitutional
Statutory
Administrative
Common

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2
Q

Constitutional Law

A

federal
state
city

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3
Q

Statutory law

A

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

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4
Q

Administrative law (executive, regulatory)

A

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

ex: health and sanitary codes

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5
Q

Common law (judicial, decisional, case)

A

federal, state, and local judicial opinions

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6
Q

Classifications of law

A
Criminal
Civil
Contract
Procedural
Martial
Military
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7
Q

Criminal law

A

offenses: least problematic; traffic violations, disorderly conduct

Misdemeanors: forgery, small thievery

Felonies: rape, murder, arson

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8
Q

Civil law

A

civil rights

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9
Q

Contract law

A

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

ex: employment contracts in nursing

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10
Q

Procedural law

A

determines which procedural regulations apply at the time

statue of limitations

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11
Q

Martial law

A

suspension of civil law in times of emergency

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12
Q

Military law

A

governs contact of military organizations in peace and war

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13
Q

Enforcement of law

A

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

Jury system: petit, grand

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14
Q

Tort Liability (Civil Wrong)

A

Intentional
Quasi-Intentional
Unintentional
Strict

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15
Q

Intentional

A
assault
battery
false imprisonment
trespass
emotional distress
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16
Q

Quasi-Intentional

A
defamation
--libel: written
--slander: verbal
breach of confidentiality
invasion of privacy
17
Q

Unintentional

A

negligence
malpractice
abandonment

18
Q

Strict

A

products liability

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

19
Q

Litigation trends

A

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

20
Q

Contributing Factors to Lawsuits

A
increased responsibility
supervision of personnel
increased patient acuity
decreased staffing
less knowledgeable staff (float, agency)
21
Q

Causes of nursing litigation

A
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
22
Q

Failure to use adequate precautions to protect patient against injury

A

failure to prevent or recognize complications
falls
medication errors
inappropriate procedures

23
Q

Dysfunctional communication

A

unclear writing
verbal orders
improper reporting

24
Q

Poor record (charting) keeping

A

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

25
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
26
What's the Good Samaritan Law?
exempt from civil liability when providing emergency care in good faith with due care or without gross negligence
27
Legal sources of standards of care
``` expert witness professional literature institutional policies manuals/procedure books drug references professional standards licensure ```
28
Patient Rights
right to safety right to be informed right to choose right to be heard
29
Patient's Bill of Rights
``` considerate and respectful care current and relevant info privacy review records consent or decline research informed of hospital policies ```
30
Informed consent
``` ethical and legal issue nature of decision/procedure reasonable alternatives risks, benefits, uncertainties access patient understanding acceptance of intervention by patient ```
31
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
32
Do people have the legal right to die in most states?
No
33
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
34
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
35
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
36
Order of legal procedure/decision making
``` spouse adult son or daughter either parent adult brother or sister grandparent guardian ```
37
Rights of Vulnerable Populations
mental competence children: - -parental consent - -age of majority (18) - -emancipation - -right of protection - -right to die
38
Students
``` liable for own negligence UAP--follow hospital policies rules of conduct due process--grievance process Buckley amendment ```