Exam

Question 1

Two main sources of law:

Answer 1

Common law (or case law)
Legislative (statue) law

Question 2

Common (case) law:

Answer 2

Judge-made law. Decisions made by judges in the higher courts become presents or rules, which judges in the lower courts are obliged to follow. This is known as the doctrine of precedent.

Question 3

Legislative (statute) law:

Answer 3

Law which has been enacted by a legislature or governing body such as the Australian parliament. Legislation may be passed that overrides or limits common law.

Question 4

National Law:

Answer 4

Regulates the practice of registered health professionals.

Question 5

Criminal Law:

Answer 5

Involves a person committing an offence as it is outlined in a statute. A criminal case can only ever be brought by the state (the police on behalf of the people of the State) against an individual. The case must be proven to a very high standard, ‘beyond reasonable doubt.’ Because if someone is found guilty of a criminal offence, the punishment may be very harsh and involve the loss of freedom.

Question 6

Civil Case:

Answer 6

Is tha standard of proof that is much lower than criminal law and is based on one or other of the parties proving their case on the ‘balance of probabilities’. The reason why the standard is lower is because the penalties of losing a case do not include a loss of liberty but rather a loss of money. Civil cases can result in the plaintiff (patient) being compensated financially by the defendant.

Question 7

Professional Misconduct:

Answer 7

Generally very serious (criminal in nature) and is a breach that occurs outside the domain of practice. E.g. Nurse committed sexual assault or stole from a patient.

Question 8

Unprofessional Conduct:

Answer 8

Is where a nurse breaches a particular practice standard; E.g. violating confidentiality, or failing to administer medication correctly.

Question 9

What constitutes consent:

Answer 9

1. Written
2. Verbal
3. Implied

Question 10

Three elements of consent are:

Answer 10

1. The consent is freely and voluntarily given and is not coerced.
2. The consent given is based on all the information and that the person giving consent is fully informed.
   The person giving consent has the legal capacity to give or to refuse consent for treatment.

Question 11

Only under these circumstances can the health care staff treat without fear of being charger with assault:

Answer 11

1. It is a time critical situation.
2. It is an emergency to save a life or prevent further serious injury.
3. The patient (or guardian) to unable to give consent.
4. Treatment is given because it is in the patients best interests.

Question 12

Assault and battery:

Answer 12

Assault is the threat of touch, without permission from the person being touched. Battery is the actual contact.

• Assault does not necessarily have to be physical.
• It is sufficient for a patient to feel threatened to constitute assault.
• You may treat a patient with good intentions but if sone so without consent then it is assault.

Question 13

Criminal assault:

Answer 13

Must have the elements of a crime. There must be:

• Intent to cause harm.
• Application of force.
• A high degree of reckless indifference to the probability of harm occurring as a result of an act or omission.

Question 14

Civil assault:

Answer 14

• Standard of proof is lower for civil assault.
• The person must feel the threat of harm.
• Physical contact need not necessarily have occurred.

Question 15

4 elements for someone to be found to have been negligent:

Answer 15

1. There must exist a duty of care.
2. There must be a breach of the standard of care.
3. There must be damage to the patient as a result of the negligence.
4. The damage must be reasonably foreseeable and a direct link must exist between the patients injury and the action by the health professional (causation).

Question 16

Confidentiality:

Answer 16

Both a legal, professional and ethical duty. Protection of another persons personal information and includes details such as name, address, phone number, medical particulars and other personal details.

Question 17

Privacy:

Answer 17

Privacy is a right under common law. It includes physical privacy like leaving curtains closed during a physical examination in addition to your personal information.

Question 18

Mental health act:

Answer 18

• Legalisation that provides framework for the treatment of those who are mentally ill or disordered.
• It aims to protect the rights of those who are mentally ill or disordered.
• Each state and territory has its own act.

Question 19

Mentally ill:

Answer 19

Someone suffering from a mental illness and owing it to that illness there are grounds for believing that care, treatment, or control of the person is necessary for the persons own protection from serious harm, or for the protection of others from serious harm. (Continuing, not other care of a less restrictive kind available).

Question 20

Mentally disordered:

Answer 20

A mentally disordered person is someone whose behaviour for the time being is so irrational that there are reasonable grounds for deciding that temporary care, treatment or control of the person is necessary to protect them or others from serious physical harm.

Question 21

Community treatment orders

Answer 21

Provide a community based alternative to involuntary inpatient treatment. They are intended to allow consumers, who might otherwise be detained in an inpatient unit, to live in the community and receive care, treatment and support in a less restrictive setting.

Question 22

Guardianship:

Answer 22

The guardianship tribunal can make a guardianship order where a person has a disability and due to that disability is incapable of managing their affairs. A disability under the Guardianship act can include:

• A mental illness, within the meaning of the mental health act.
• An intellectual, physical, psychological or sensory disability.

Question 23

Clinical incident:

Answer 23

Any unplanned event that occurs and consequently results or has the potential to cause harm.

Question 24

Root cause analysis:

Answer 24

When a mistake is made and it is classified as high risk, it should be investigated throughly.

Question 25

Medicine schedule:

Answer 25

Pharmacy medicines - Schedule 2
Pharmacist only medicines - Schedule 3
Prescription only medicines - Schedule 4
Controlled medicines - Schedule 8

Question 26

Administration of S8 drugs:

Answer 26

A register must be kept and the following recorded:

• Patients name.
• Prescribed drug, dose, doctors name, date and time of administration
• Balance of capsules
• Signature of two who checked the drug
• Errors

Question 27

Mandatory Reporting:

Answer 27

When can confidentiality be breached?

• Reporting of child and elderly abuse.
• Notification of public health risk (HIV, Ebola).
• If a crime is suspected of being committed.

Question 28

Vulnerable populations:

Answer 28

• Elderly
• Those who have a disability
• Those suffering from a mental illness or disorder

Question 29

To whom does the mental health act apply:

Answer 29

• Voluntary patients (chose to be admitted to a MHF)
• Involuntary patients (detained against their will following a mental health inquiry)
• Are on community treatment orders
• Have committed an offence and are mentally ill

Question 30

Procedure when clinical information is provided to the patient, carer, advocate over the telephone?

Answer 30

• It must be documented
• Caller name
• Relationship to patient
• That the patient gave consent to give out information

Question 31

Rights of involuntary patient:

Answer 31

• Right to appeal the detention to a tribunal within the first 14 days of being detained.
• Right to have an advocate.
• Right to receive fair treatment.
• Right to be treated with dignity and respect.

Question 32

Coroners court:

Answer 32

• Aim is to determine cause of death
• Make recommendations to change practices and prevent similar occurrences from happening
• Coroner reviews death and determines if it was due to natural causes or not
• If not an investigation will commence

Question 33

Reportable deaths:

Answer 33

• Unexpected, unnatural or violent
• Directly or indirectly from an accident or injury
• Following a medical procedure
• Occurs in custody or care
• Was a patient under the mental health act
• Death is uncertified
• Identity is unknown

Question 34

Vicarious liability:

Answer 34

Following principles have to be determined -
The person was an employee
The negligent act arose in the course and scope of employment

Question 35

Purpose of report writing and documentation:

Answer 35

• Provides an assessment of patient progress.

- Records what treatment has been given, if there was progress and history for future consultation

Question 36

Causes of drug errors:

Answer 36

• Transcribing medication orders
• Insufficient knowledge of medications
• Length of nursing roster
• Workload, staffing and delivery systems
• Distractions and interuptions