Final: Legal issues Flashcards
As a nurse, you need to understand
Legal limits of nursing
Professional standards of care that affect the nursing practice
Constitutional law
Taken from from federal/state constitutions. things such as the right to refuse treatment
Statutory law
Found in each state
- Criminal law
- civil law
Criminal law
Prevent societal harm. punishment for crimes
Civil law
Protect individuals and ensure fair treatment
Criminal law prevents
Harm to society and provide punishment: categorized as felonies or misdemeanors
A felony is a
serious offense/significant harm
A misdemeanor is
a crime that does not inflict serious harm
Civil laws protect the
Rights of individuals and provide for fair and equitable treatment when civil wrongs or violations occur
Consequences of civil law
Damages in the form of fines or performance of good works such as public service
In a malpractice lawsuit, a nurse’s conduct is compared to
Nursing standards of care
Patient protection and affordable care act
Consumer rights and protections, increased access to care, and stronger medicare
Americans with disabilities act
Protects rights of people with physical or mental disabilities
Emergency medical treatment and active labor act
When a patient presents to an ED, they must be treated
Mental health parity act as enacted under PPACA
Strengthens mental health services
Decreases discrimination
Patient self-determination Act
Advance directives
- living wills
- healthcare proxies or durable power of attorney for health care
Uniform anatomical gift act
Organ donation 18 yr or older, if unable, sequence of decision making occurs
HIPPA
Provides rights to patients and protect employees
- protects individuals from losing insurance when changing jobs
- -Limits who is able to access a patients record
Health information technology act
Expands HIPPA. Nurses must ensure that patient PHI is not inadvertently conveyed on social media
– ensure that data are not disclosed other than as permitted by the patient
Restraints can be used
- Physical safety of patient and others
- less restrictive interventions are not successful
- Only on the written order of a health care provider
- —- regulations also describe documentation of restraint use and follow-up assessments
Uniform determination of death act
Cardiopulmonary determination of death OR cessation of brain function
Autopsy
Can be requested by patient or family
Torts
Civil wrong against person/property
-unintentional, quasi-intentional, intentional
Kinds of torts
Assault Battery False imprisonment Negligence Malpractice
Assault
Intentional threat toward another person causing reasonable fear of harmful or unwelcome contact. No actual contact is required
Battery
Intentional offensive touching without consent or lawful justification
False imprisonment
Unjustified restraint of a person without legal reason
Malpractice
Poor practice, outside of scope
Consent form must be
Signed
Informed consent
Agreement to care based on full disclosure of risks, benefits, alternatives, and consequences of refusal
Nurse’s signature as a witness to the consent means
Patient voluntarily gave consent
Patient signature is authentic
Patient appears to be competent to give consent
Malpractice insurance
Provides a legal/financial defense when in a lawsuit involving negligence or malpractice
When are nurses covered by malpractice insurance
Nurses cover by institutions insurance ONLY while working
Nursing workforce issues
Nursing students Staffing and nurse to patient ratios Nursing assignments Patient abandonment Nurse delegation
A nurse may refuse an assignment when
- Lacks knowledge/skill required
- Care exceeds the practice act
- Health of nurse or unborn child is threatened
- Orientation has not been completed and safety is at risk
- Nurse clearly states and documents a conscientious objection on the basis of moral, ethical, or religious grounds
- Nurse’s clinical judgement is impaired as a result of fatigue, resulting in a safety risk for the patient
Nurses must follow HCP orders unless
They believe an order is given in error or is harmful
Risk management and quality assurance 1
A system to ensure nursing care that attempts to identify potential and eliminate hazards before harm occurs
Steps involved in risk management and quality assurance 1
Identify possible risks
Analyze risks
Act to reduce risks
Evaluate steps taken
Risk management and quality assurance 2
One tool used in risk management is the incident report or occurrence report
Risk management and quality assurance 3
The joint commission universal protocols
The joint commission universal protocols
Preoperative verification
Marking the operative site with indelible ink
“time out” before procedure for final verification
Never events
Preventable errors, which may include falls, UTI from improper use of catheters and pressure ulcers
Nurse experts
- Testifies about the standards of nursing care as applied to the facts of a case
- Determine that no conflict of interest exists before accepting a case
- Depositions
- Base their opinions on existing standards of practice
