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Nursing 314: Assessing and Promoting Wellness > Final: Legal issues > Flashcards

Final: Legal issues Flashcards

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1
Q

As a nurse, you need to understand

A

Legal limits of nursing

Professional standards of care that affect the nursing practice

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2
Q

Constitutional law

A

Taken from from federal/state constitutions. things such as the right to refuse treatment

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3
Q

Statutory law

A

Found in each state

  • Criminal law
  • civil law
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4
Q

Criminal law

A

Prevent societal harm. punishment for crimes

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5
Q

Civil law

A

Protect individuals and ensure fair treatment

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6
Q

Criminal law prevents

A

Harm to society and provide punishment: categorized as felonies or misdemeanors

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7
Q

A felony is a

A

serious offense/significant harm

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8
Q

A misdemeanor is

A

a crime that does not inflict serious harm

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9
Q

Civil laws protect the

A

Rights of individuals and provide for fair and equitable treatment when civil wrongs or violations occur

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10
Q

Consequences of civil law

A

Damages in the form of fines or performance of good works such as public service

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11
Q

In a malpractice lawsuit, a nurse’s conduct is compared to

A

Nursing standards of care

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12
Q

Patient protection and affordable care act

A

Consumer rights and protections, increased access to care, and stronger medicare

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13
Q

Americans with disabilities act

A

Protects rights of people with physical or mental disabilities

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14
Q

Emergency medical treatment and active labor act

A

When a patient presents to an ED, they must be treated

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15
Q

Mental health parity act as enacted under PPACA

A

Strengthens mental health services

Decreases discrimination

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16
Q

Patient self-determination Act

A

Advance directives

  • living wills
  • healthcare proxies or durable power of attorney for health care
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17
Q

Uniform anatomical gift act

A

Organ donation 18 yr or older, if unable, sequence of decision making occurs

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18
Q

HIPPA

A

Provides rights to patients and protect employees

    • protects individuals from losing insurance when changing jobs
  • -Limits who is able to access a patients record
19
Q

Health information technology act

A

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

20
Q

Restraints can be used

A
  • 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
21
Q

Uniform determination of death act

A

Cardiopulmonary determination of death OR cessation of brain function

22
Q

Autopsy

A

Can be requested by patient or family

23
Q

Torts

A

Civil wrong against person/property

-unintentional, quasi-intentional, intentional

24
Q

Kinds of torts

A 
Assault 
Battery 
False imprisonment 
Negligence 
Malpractice
25
Q

Assault

A

Intentional threat toward another person causing reasonable fear of harmful or unwelcome contact. No actual contact is required

26
Q

Battery

A

Intentional offensive touching without consent or lawful justification

27
Q

False imprisonment

A

Unjustified restraint of a person without legal reason

28
Q

Malpractice

A

Poor practice, outside of scope

29
Q

Consent form must be

A

Signed

30
Q

Informed consent

A

Agreement to care based on full disclosure of risks, benefits, alternatives, and consequences of refusal

31
Q

Nurse’s signature as a witness to the consent means

A

Patient voluntarily gave consent
Patient signature is authentic
Patient appears to be competent to give consent

32
Q

Malpractice insurance

A

Provides a legal/financial defense when in a lawsuit involving negligence or malpractice

33
Q

When are nurses covered by malpractice insurance

A

Nurses cover by institutions insurance ONLY while working

34
Q

Nursing workforce issues

A 
Nursing students 
Staffing and nurse to patient ratios 
Nursing assignments 
Patient abandonment 
Nurse delegation
35
Q

A nurse may refuse an assignment when

A
  • 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
36
Q

Nurses must follow HCP orders unless

A

They believe an order is given in error or is harmful

37
Q

Risk management and quality assurance 1

A

A system to ensure nursing care that attempts to identify potential and eliminate hazards before harm occurs

38
Q

Steps involved in risk management and quality assurance 1

A

Identify possible risks
Analyze risks
Act to reduce risks
Evaluate steps taken

39
Q

Risk management and quality assurance 2

A

One tool used in risk management is the incident report or occurrence report

40
Q

Risk management and quality assurance 3

A

The joint commission universal protocols

41
Q

The joint commission universal protocols

A

Preoperative verification
Marking the operative site with indelible ink
“time out” before procedure for final verification

42
Q

Never events

A

Preventable errors, which may include falls, UTI from improper use of catheters and pressure ulcers

43
Q

Nurse experts

A
  • 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

Nursing 314: Assessing and Promoting Wellness (26 decks)

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