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Nursing 2000 > Exam #2: Legal Issues*** > Flashcards

Exam #2: Legal Issues*** Flashcards

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1
Q

Sources of Law: Constitutional

A
  • highest level based on laws of the land(Federal, State, City)
  • ->Legislative, Executive, and Judiciary branches
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2
Q

Sources of Law: Statutory

A

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

  • altered by amendment/repeal
  • ->ex. DRGs
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3
Q

Sources of Law: Administrative

A

(Executive, Regulatory)
rules, regulations, and decisions of administrative bodies, to which the statues have delegated authority
-in nursing: deals with protecting public health
–>ex. State board of nursing

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4
Q

Sources of Law: Common

A

(Judicial, Decisional, Case)
federal, state, and local judicial opinions
–> based on judges decision on a case

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5
Q

Classifications of Law: Criminal

A

harmful to public or individual

  1. Offenses- traffic violation
  2. Misdemeanor- small theft
  3. Felonie- murder
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6
Q

Classifications of Law: Civil

A

deals with rights of individual

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7
Q

Classifications of Law: Contract

A

agreements between two parties with duty involved

–> employment contract

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8
Q

Classifications of Law: Procedural

A

deals with what regulations need to be applied at that time

–> child injuries prosecuted up to age 18

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9
Q

Classifications of Law: Marital

A

suspension of civil law in times of emergency

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10
Q

Classifications of Law: Military

A

governs contact of military while at war

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11
Q

The Court System

A

city, county, state, federal, supreme

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12
Q

The Jury System

A

petit, grand

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13
Q

Tort Liability

A

a. k.a. - civil wrongs
- occur in disagreement between two parties
1. Intentional
2. Quasi-Intentional
3. Unintentional
4. Strict

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14
Q

Tort Liability: Intentional

A

actions with an intended outcome that is meant to harm another person
–>ex. assault, battery, false imprisonment

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15
Q

Tort Liability: Quasi-Intentional

A
  • defamation: harmful communication to a 3rd party (ex. libel/slander)
  • Breach of confidentiality: inappropriate sharing of information
  • Invasion of privacy
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16
Q

Tort Liability: Unintentional

A
  • Negligence: failure to meet an ordinary standard leading to injury of pt
  • Malpractice: professional misconduct/negligence leading to harm of pt
  • Abandonment: duty to give care that is ignored
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17
Q

Tort Liability: Strict

A

product liability: products failure to function leading to pt harm

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18
Q

Litigation Trends

A
  • increasing litigious society due to feelings of entitlement
  • people desire personalization of care (not just us knowing them as a rm # or disease)
  • medical law advertising increases lawsuits
  • increased malpractice premiums
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19
Q

What are the factors contributing to lawsuits?

A
  • increased responsibilities
  • supervision of personnel
  • increased pt acuity
  • decreased staffing
  • less knowledgable staff
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20
Q

Who is at risk of a medical incident?

A

EVERYONE

-most incidents caused by lack of nursing judgement or even common sense

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21
Q

What are the causes of nursing litigation?

A
  1. failure to use adequate precautions
  2. dysfunctional communication
  3. poor record keeping
  4. failure to respond to pt call
  5. outdated nursing knowledge
  6. abandonment
  7. failure to teach
  8. faulty equipment
  9. negligence
22
Q

Good Samaritan Laws

A

exempt from civil liability when providing emergent care in goo faith with due care or without gross negligence (ex. don’t give CPR unless you know how to)

23
Q

Legal Sources of Standards of Care

A 
determines degree of liability of nurse in court case
includes:
•Expert witness
•Professional literature
•Institutional policies
•Manuals/procedure books
•Drug references
•Professional standards
•Licensure
24
Q

Risk Management

A
  • required dept in hospital
  • purpose: protect hospital, personnel, and improve quality of care –> be PROactive and PREVENTative
  • ex. monitoring incident reports
25
Q

Liability Insurance

A

a. k.a. malpractice insurance
- employer will carry for you but may turn around and sue you afterwards
- advised for nurse to carry own

26
Q

What is the licensure law?

A

state nurse practice acts

27
Q

What are the pt rights? Who were they developed by?

A 
•Right to safety
•Right to be informed
•Right to choose
•Right to be heard
--> JFK
28
Q

What is the pt bill of rights?

A

*not a real thing, but something the AHA wants to get passed

Pt has right to....
•Considerate and respectful care
•Current/relevant information
•Make decisions/refuse care
•Advanced directives
•Privacy
•Confidential communications
•Review records
•Receive reasonable response
•Informed of business ties
•Consent or decline research
•Reasonable continuity of care
•Informed of hospital policies
29
Q

Informed Consent

A

both an ethical and legal issue!

30
Q

What is the nurse’s role in getting consent?

A
  • primary care provider has primary responsibilities
  • nurses may enhance content explanation
  • report concerns when pt has doubts
  • determine if you are witnessing a signature of explanation
31
Q

What is Brain Death?

A

the irreversible cessation of all functions of the entire brain including the brain stem

32
Q

Karen Ann Quinlan

A

father removed extrodinary measures and she lived 10 additional years

33
Q

Nancy Cruzan

A

family wanted feeding tube removed

–> first right to die case in supreme court

34
Q

Patient Self-determination Act

A

states all hospitals/healthcare facilities are mandated to ask about advanced directives or provide info

35
Q

Durable Power of Attorney

A

designate another individual to make decisions for you

36
Q

Euthanasia

A

assisting a pt with death

  • legal in 3 states
    1. Passive: decision to cease/not start treatment, accounts for 70% of hospital deaths
    2. Active: intentional act, voluntary/involuntary
37
Q

“Final Exit”

A

book by Hemlock Society on how to kill self successfully, adequate medication, etc

38
Q

Suicide

A
  • criminal act if person is of age/sane
  • typically court with mandate pt to speak health care
  • encourage another person to commit suicide? = murder (this is a medical emergency)
39
Q

Order of Legal Precedence

A

Spouse → Adult son/daughter → either parent → adult brother/sister → grandparent → legal guardian

40
Q

What if a pt is mentally incompetent?

A

can be admitted involuntarily for a period of time

41
Q

Legal Issues with Children

A
  • parental consent (except STDs)
  • age of majority (18+)
  • emancipation
  • right of protection
  • right to die
42
Q

Legal Issues for Nursing Students

A
  • Liable for own negligence
  • UAP – follow hospital policies (no tasks beyond scope of practice)
  • Rules of conduct in class/clinicals
  • Due process – grievance process
  • Buckley Amendment – your grades/personal info must be kept private, must sign form to release
43
Q

Individual Nursing Licensure

A
  • laws similar state to state
  • licensed for one particular state
  • many don’t require continuing education
  • laws developed by state boards of nursing in each state (passed as state legislation)
44
Q

Nurse Licensure Compact

A

*multi-state licensure
Benefits:
-reduces barrier to when living at border
-improves tracking of disciplinary actions
-cost effective/simple
-unduplicated listing of nurses

45
Q

Nurse Practice Acts

A
  • each state’s act may vary
  • be familiar with content (definition of nursing, requirements of licensure, disciplinary actions, responsibilities of Board, etc)
46
Q

Definiton and Scope of Practice

A
  • definition determines legal responsibilities/scope of practice
  • intentionally broad to not limit practice
  • differentiates between RN and LPN
47
Q

Board of Nursing

A 
-5-19 members appointed by governor
Purposes:
-establish rules/regulations for minimum standards of practice
-issue licenses
-impart disciplinary actions
-approve education programs
48
Q

Requirements for licensure

A
  • successful completion of RN program + NCLEX
  • in good standing with State Board
  • pay required fees
49
Q

Renewal of Licensure

A
  • every two years

- some states require CEU to maintain competence

50
Q

Reciprocity

A

“licensure by endorsement”

  • NCLEX
  • meet state requirements
  • undisciplined license
  • exception: nurse licensure compact states (no action required)
51
Q

What is the discipline of licensure in MO?

A

Censure: public reprimand
Probation: places terms/conditions on licensee’s license (ex. rehab)
Suspension: cease practice for up to 3 years
Revocation: immediately loses license and may no longer practice nursing in MO

52
Q

Obtaining a License in MO

A
  • application form completed in 7th semester at Mizzou
  • state/federal fingerprint check
  • register for NCLEX-RN

Nursing 2000 (12 decks)

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