exam 2: legal issues in nursing

Question 1

what are the sources of law (3)

Answer 1

statutory law, common law, administrative law

Question 2

statutory law

Answer 2

enacted by legislative branch; declare, command, or prohibit something
Ex: licensing laws, ACA, HIPAA

Question 3

common law

Answer 3

judge-made law; derived from early decisions made by courts
Ex: Roe v Wade, malpractice, negligence

Question 4

administrative law

Answer 4

made by administrative agency; granted authority to enact rules and regulations that will carry out specific intentions of the statute
Delegated t oexperts in the field
Ex: state boards of nursing → nurse practice act

Question 5

what are 2 types of tort laws

Answer 5

negligence and malpractice

Question 6

negligence

Answer 6

failure of an individual to perform an act that a reasonable, prudent person would or would not performing in a similar set of circumstances

Question 7

malpractice

Answer 7

professional negligence; misconduct or lack of skill when licensed or trained to do something

Question 8

duty

Answer 8

owed to patient as role of nurse within job description

Question 9

breach

Answer 9

falling below standard of care
Not carrying out that duty

Question 10

foreseeable

Answer 10

when you can expect a result linked with an action or lack of an action

Question 11

causation

Answer 11

prove that an action directly links to that harm

Question 12

how to avoid malpractice as a nurse?

Answer 12

intervene appropriately with demanding clients, self-awareness, delegate duties properly, correct incident reports, prevent accidents

Question 13

why might people avoid malpractice insurance?

Answer 13

Can’t happen to me directly
I did it correctly
My employer covers me
If i carry my own insurance, I’m more likely to be sued
Costs too much

Question 14

personal liability

Answer 14

nurses are responsible and accountable for their own actions or inactions

Question 15

vicarious liability

Answer 15

negligence is assumed because of association with a negligent person (employer responsible for employee actions)

Question 16

corporate liability

Answer 16

organization is responsible for its own wrongful conduct

Question 17

occurence insurance

Answer 17

costly; cover any incidence that occurs during that policy in effect

Question 18

claims insurance

Answer 18

if that insurance is not being paid or not in effect, they won’t cover (must always be in effect)

Question 19

licensure

Answer 19

type of credential provided for by the state statutes that authorizes qualified individuals to perform designated skills + services

Question 20

multi-state licensure

Answer 20

Interstate compact: can cross state borders, work telehealth, traveling nurses can go help areas hit by national disasters

Question 21

who compromises the illinois state board of nursing

Answer 21

13 members: 4 APNs, 3 RN educators, 1 LPN, 1 RN admin, 1 member of the public

Question 22

nurse practice act

Answer 22

Defines levels of nursing practice, sets educational requirements, violations, and penalties

Question 23

privacy rights

Answer 23

invasion of privacy is the violation f a person’s right to be left alone without being subjected to unwarranted or uninvited publicity and to make personal choices without interference

Question 24

confidentiality

Answer 24

right to privacy of records; right to believe that info disclosed to health professionals is to be used strictly for dx and tx

Question 25

informed consent

Answer 25

competence, voluntary, all information

Question 26

advance directive

Answer 26

competent pt can make choices prior to need for medical tx (nourshment, ventilator, tx stop)

Question 27

living will

Answer 27

competent adult signs form indicating what healthcare the person does and does not want in the event of terminal illness

Question 28

durable power of attorney

Answer 28

permits competent adult to appoint someone to make decisions in the event that the individual becomes unable to do so

Question 29

freedom for restraints

Answer 29

right to be free from any physical or chemical restraint imposed for the purpose of discipline or convenience and not required to tx medical symptoms

Question 30

delegation

Answer 30

the process by which responsibility and authority for performing a task is transferred to another individual who accepts that authority and responsibility

Question 31

what to keep in mind when delegating?

Answer 31

We are held liable for the activities that we delegate to others
Need to know knowledge of staff
Both parties must agree on task

Question 32

what can nurses NOT delegate

Answer 32

Med admin
Assessment that requires nursing knowledge
Can’t evaluate intervention
Can’t create plan of care

Question 33

what are the 5 rights of delegation

Answer 33

right task, right circumstance, right person, right direction/communication, right supervision

Question 34

right task

Answer 34

what can be safely delegated to specific patient

Question 35

right circumstance

Answer 35

appropriate setting and available resources; eval pt needs and the skills of personnel

Question 36

right person

Answer 36

delegator must have the authority and responsibility for the patient’s care and for tasks to be assigned

Question 37

right direction/communication

Answer 37

requires delegator to give clear, concise description of the tasks as well all describe the objectives, limit, expectations a result

Question 38

right supervision

Answer 38

monitoring delegatee, eval performance, give feedback as needed, intervening in necessary

Question 39

under delegation

Answer 39

still uncomfy in asking, doing everything yourself ⇒ burnout

Question 40

reverse delegation

Answer 40

someone with lower rank delegates to someone with more authority

Question 41

over delegation

Answer 41

RN telling CNA to do everything