exam 2: legal issues in nursing Flashcards
what are the sources of law (3)
statutory law, common law, administrative law
statutory law
enacted by legislative branch; declare, command, or prohibit something
Ex: licensing laws, ACA, HIPAA
common law
judge-made law; derived from early decisions made by courts
Ex: Roe v Wade, malpractice, negligence
administrative law
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
what are 2 types of tort laws
negligence and malpractice
negligence
failure of an individual to perform an act that a reasonable, prudent person would or would not performing in a similar set of circumstances
malpractice
professional negligence; misconduct or lack of skill when licensed or trained to do something
duty
owed to patient as role of nurse within job description
breach
falling below standard of care
Not carrying out that duty
foreseeable
when you can expect a result linked with an action or lack of an action
causation
prove that an action directly links to that harm
how to avoid malpractice as a nurse?
intervene appropriately with demanding clients, self-awareness, delegate duties properly, correct incident reports, prevent accidents
why might people avoid malpractice insurance?
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
personal liability
nurses are responsible and accountable for their own actions or inactions
vicarious liability
negligence is assumed because of association with a negligent person (employer responsible for employee actions)
corporate liability
organization is responsible for its own wrongful conduct
occurence insurance
costly; cover any incidence that occurs during that policy in effect
claims insurance
if that insurance is not being paid or not in effect, they won’t cover (must always be in effect)
licensure
type of credential provided for by the state statutes that authorizes qualified individuals to perform designated skills + services
multi-state licensure
Interstate compact: can cross state borders, work telehealth, traveling nurses can go help areas hit by national disasters
who compromises the illinois state board of nursing
13 members: 4 APNs, 3 RN educators, 1 LPN, 1 RN admin, 1 member of the public
nurse practice act
Defines levels of nursing practice, sets educational requirements, violations, and penalties
privacy rights
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
confidentiality
right to privacy of records; right to believe that info disclosed to health professionals is to be used strictly for dx and tx
informed consent
competence, voluntary, all information
advance directive
competent pt can make choices prior to need for medical tx (nourshment, ventilator, tx stop)
living will
competent adult signs form indicating what healthcare the person does and does not want in the event of terminal illness
durable power of attorney
permits competent adult to appoint someone to make decisions in the event that the individual becomes unable to do so
freedom for restraints
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
delegation
the process by which responsibility and authority for performing a task is transferred to another individual who accepts that authority and responsibility
what to keep in mind when delegating?
We are held liable for the activities that we delegate to others
Need to know knowledge of staff
Both parties must agree on task
what can nurses NOT delegate
Med admin
Assessment that requires nursing knowledge
Can’t evaluate intervention
Can’t create plan of care
what are the 5 rights of delegation
right task, right circumstance, right person, right direction/communication, right supervision
right task
what can be safely delegated to specific patient
right circumstance
appropriate setting and available resources; eval pt needs and the skills of personnel
right person
delegator must have the authority and responsibility for the patient’s care and for tasks to be assigned
right direction/communication
requires delegator to give clear, concise description of the tasks as well all describe the objectives, limit, expectations a result
right supervision
monitoring delegatee, eval performance, give feedback as needed, intervening in necessary
under delegation
still uncomfy in asking, doing everything yourself ⇒ burnout
reverse delegation
someone with lower rank delegates to someone with more authority
over delegation
RN telling CNA to do everything
