Fund. Study Guide- Ch. 23 Legal Aspects

Question 1

What are the legal guidelines for nursing practice and provide the minimum acceptable nursing care?

Answer 1

Standards of care

Question 2

What prevents harm to society and provides punishment for crimes?

Answer 2

Criminal laws

Question 3

What is a crime of serious nature that has a penalty of imprisonment for greater than one year or even death?

Answer 3

Felony

Question 4

What protects the right of individual persons within our society and encourage fair and equitable treatment?

Answer 4

Civil laws

Question 5

What describes and defines the legal boundaries of nursing practice within each state?

Answer 5

Nurse Practice Acts

Question 6

What are judicial decisions made in courts when individual legal cases are decided?

Answer 6

Common law

Question 7

What is a less serious crime that has a penalty of a fine or imprisonment for less that one year?

Answer 7

Misdemeanor

Question 8

What reflects decisions made by administrative bodies?

Answer 8

Regulatory law

Question 9

This act protects the rights of people with disabilities. It also is the most extensive law on how employers must treat health care workers and patients infected with HIV.

Answer 9

Americans With Disabilities Act

Question 10

This act has the EMTALA state that when a patient comes to the emergency department or hospital, an appropriate medical screening occurs within the hospital’s capacity. If an emergency exists, the hospital is not to discharge or transfer the patient until the condition stabilizes.

Answer 10

Emergency Medical Treatment and Active Labor Act

Question 11

This act forbids health plans from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits.

Answer 11

Mental Health Parity Act

Question 12

This act requires health care institutions to provide written information to patients concerning their rights under state law to make decisions, including the right to refuse treatment and formulate advance directives.

Answer 12

Patient Self-Determination Act

Question 13

This is written documents that direct treatment in accordance with a patient’s wishes in the event of a terminal illness or condition.

Answer 13

Living Wills

Question 14

This is a legal document that designates a person or persons of one’s choosing to make health care decisions on his or her own behalf.

Answer 14

Durable Power of Attorney for Health Care

Question 15

This act requires an individual older than the age of 18 years has the right to make an organ donation; the person needs to make the gift in writing with his or her signature.

Answer 15

Uniform Anatomical Gift Act

Question 16

In this act, HIPAA provides rights to patients (protects individuals from losing their health insurance when changing jobs by providing portability) and protects employees. It also establishes the basis for privacy and confidentiality.

Answer 16

Health Insurance Portability and Accountability Act

Question 17

The Joint Commission’s specific guidelines for the use of restraints are:

Answer 17

a. Restraints should be used only to ensure the physical safety of the resident or other residents.
b. Restraints should be used only when less restrictive interventions are not successful.
c. Restraints should be used only on the written order of a physician, which includes a specific episode with start and end times.

Question 18

The Board of Nursing licenses all RNs in the state in which they practice and can suspend or revoke a license if a nurse’s conduct violates provisions in the licensing statute based on administrative law rules that implement and enforce the statute.

Answer 18

Licensure

Question 19

These laws encourage health care professionals to assist in emergencies, limit liability, and offer legal immunity for nurses who help at the scene of an accident.

Answer 19

Good Samaritan laws

Question 20

These laws provide protection of the public’s health, advocating for the rights of people, regulating health care and health care financing, and ensuring professional accountability for the care provided.

Answer 20

Public health laws

Question 21

This act determines of heath requires irreversible cessation of circulatory and respiratory functions or that there is irreversible cessation of all functions of the entire brain, including brain stem.

Answer 21

Uniform Determination of Death Act

Question 22

Statute that stated that a competent individual with a terminal disease could make an oral and written request for medication to end his or her life in a humane and dignified manner.

Answer 22

Physician-assisted suicide

Question 23

What is a person’s agreement to allow something to happen based on disclosure of risks, benefits, and alternatives.

Answer 23

Informed consent

Question 24

What is referred to as professional negligence; below the standard of care?

Answer 24

Malpractice

Question 25

What is it called when one person speaks falsely about another person?

Answer 25

Slander

Question 26

Whats a civil wrong made against a person or property?

Answer 26

Tort

Question 27

What is intentional touching without consent called?

Answer 27

Battery

Question 28

What is a written defamation of character?

Answer 28

Libel

Question 29

What is any intentional threat to bring about harmful or offensive contact?

Answer 29

Assault

Question 30

What is unjustified restraining of a person without legal warrant?

Answer 30

False imprisonment

Question 31

What is the release of a patient’s medical information to an unauthorized person?

Answer 31

Invasion of privacy

Question 32

What is a conduct that falls below the standard of care?

Answer 32

Negligence

Question 33

Identify the four criteria needed to establish nursing malpractice?

Answer 33

a. The nurse (defendant) owed a duty to the patient (plaintiff).
b. The nurse did not carry out that duty.
c. The patient was injured.
d. The nurse’s failure to carry out the duty caused the injury.

Question 34

Briefly explain the process that a nurse needs to follow when a staffing assignment is unreasonable.

Answer 34

Nurses should inform their supervisor and make a written protest to nursing administrators. A copy of this document should be kept.

Question 35

Identify what the nurse’s responsibility is when he or she “floats” to another nursing unit.

Answer 35

The nurse needs to inform the supervisor of any lack of experience in caring for the type of patients on the unit. The nurse also needs to request an orientation to the unit.

Question 36

What is the nurse’s responsibility with physicians’ orders?

Answer 36

Nurses must follow the physician’s orders unless they believe the orders are in error or will harm the patients. If there is any controversy with the order the nurse needs to also inform the supervising nurse or follow the established chain of command.

Question 37

This is a system of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs.

Answer 37

Risk management

Question 38

Identify the purpose of the occurrence (incident) report.

Answer 38

The occurrence (incident) report provides a database for further investigation in an attempt to determine deviations from standards of care; corrective measures are need to prevent recurrence and to alert risk management to a potential claim situation.

Question 39

The scope of nursing practice is legally defines by:

1. State Nurse Practice Acts
2. Professional nursing organizations
3. Hospital policy and procedure manuals
4. Health care providers in the employing institutions

Answer 39

1. Determines legal boundaries within each state

Question 40

A student nurse who is employed as a nursing assistant may perform any function that:

1. Have been learned in school
2. Are expected of a nurse at that level
3. Are identified in the position’s job description
4. Require technical rather than professional skill

Answer 40

3. Need to perform only those tasks that appear in the job description for a nurse’s aide or assistant.

Question 41

A confused patient who fell out of bed because side rails were not used is an example of which type of liability?

1. Felony
2. Battery
3. Assault
4. Negligence

Answer 41

4. Conduct that falls below the standards of care

Question 42

The nurse puts restraints on a patient without the patient’s permission and without a physician’s order. The nurse may be guilty of:

1. Battery
2. Assault
3. Neglect
4. Invasion of privacy

Answer 42

1. Unintentional touching without consent

Question 43

In a situation in which there is insufficient staff to implement competent care, a nurse should:

1. Organize a strike
2. Refuse the assignment
3. Inform the patients of the situation
4. Accept the assignment but make a protest in writing to the administration

Answer 43

4. Need to follow the institution’s policies and procedures on how to handle these situations and use the chain of command.