FUNDA - LEGAL ASPECTS Flashcards
the sum total of rules and regulation by which a society is govern as such a law is created by people and exist to regulate all persons.
LAW
4 FUNCTIONS OF THE LAW IN NURSING (PDHM)
- It provides a framework for establishing which nursing actions in the care of clients are legal.
- It differentiate the nurse responsibilities from those other health professional
- Helps establish the boundaries of independent nursing action
- It assists in maintaining a standard in nursing practice by making nurses accountable under the law.
- refers to a body of law that deals with relationship between individual & the government and government agencies.
PUBLIC LAW
4 SOURCES OF LAW (CLAC)
Constitution
●Legislation (statutes)»_space; nurse practice act
●Administrative Law
●Common Law
deals with relationship among private individual
PRIVATE LAW
— it deals with the actions against the safety and welfare of the public; examples are homicide, manslaughter, and theft.
— crimes can be classified as either felonies or misdemeanors.
CRIMINAL LAW
defines & enforces duty and rights among private individuals that are not based on contractual agreements. (professional negligence,invasion of privacy, and assault and battery.)
TORT LAW
involves the reinforcements of agreement among private individual or the payment of compensation for failure to fulfill the agreements
CONTRACT LAW
2 KINDS OF LEGAL ACTION (CC)
CIVIL A
CRIMINAL A
(the major difference between CIVIL ACTION AND CRIMINAL ACTION IS __________)
the outcome of the defendants
deals with relationships among individuals in society.
CIVIL ACTION
deals with disputes between an individual and society as whole.
CRIMINAL ACTIONS
who claims that his or her legal rights have been infringed on by one or more other individuals or entities are Defendants.
PLAINTIFF
all relevance facts are presented to judge or to jury.
TRIAL
is primarily functions to settle disputes peacefully and in accordance with the law a lawsuit has a strict procedural rules.
THE CIVIL JUDICIAL PROCESS
pretrial activities to obtain all facts of the situation.
DISCOVERY
document filed by individual.
COMPLAINT
is the job of the judge or jury and verdict was the decision.
DECISION
a written response is made by the dependent.
ANSWER
an expert witness has special training. Experience, or skills in a relevant area and is allowed by the court to offer an opinion on some issue within his or her area of expertise.
NURSE AS A WITNESS
— protection of the public is the legal purpose of defining the the scope of nursing practice.
REGULATIONS OF NURSING PRACTICE
— is a process of determining and maintaining competence in nursing practice it includes licensure, certification, and accreditation.
CREDENTIALING
— is a legal permit that the agency grants to individuals to engage in the practice of a profession and to use a particular title.
LICENSURE
“Philippine Nursing act of 1991” aims to achieve relevant nursing education, humane working conditions, better career prospects, and a dignified existence for the Filipino nurses.
RA 7164
Philippine Nursing act of 2002.” _______________ was enacted in 2002 to provide a comprehensive definition and understanding of the nursing profession.
RA 9173
- Section 2 of ___________ declares the policy that the state shall institutionalize integrated system of early childhood care and development that will serve all children 0-5 years old including children with special needs and respect for cultural diversity with end in view of improving/ the quality of life for …
RA 8980
otherwise known as the “special protection of children against child abuse, exploitation and discrimination act, “ and/or crimes against children, including the conceived but unborn child as provided for by the revised penal code and other pertinent laws.
RA 7610
acknowledges that women who have retaliated against their partner or who commit violence as a form of self-defense may have suffered from battered woman syndrome (bws). bws refers to a pattern of psychological and behavioral symptoms found in battered women as a result of a long history of abuse.
RA 9262
— it safeguard a patient’s right to accurate and complete information, fair treatment and self-determination when making health care decisions.
PATIENTS BILL OF RIGHT
13 PATIENT RIGHTS
- Right to proper and appropriate medical and humane treatment
- Right to informed consent
- Right to privacy and confidentiality
- Right to information
- Right to choose physician and healthcare provider
- Right to self -determination
- Right to religious belief
- Right to medical record
- Right to leave
- Right to refuse participation in medical research
- Right to correspondents and to receive visitors
- Right to express grievances
- Right to inform his rights and obligation as a patient.
is an agreement a client to accept a course of treatment or procedure after being provided complete information, including,the benefits and risk of treatment, alternatives, and prognosis if not treated by a healthcare provider.
INFORMED CONSENT
ORAL/WRITTEN CONSENT
EXPRESS CONSENT
VERBAL CONSENT
IMPLIED CONSENT
CANNOT GIVE CONSENT TO (3)
1.Minor below 18 years old
2.Who is mentally incapacitated
3.Unconscious, or injured
Other Legal Responsibility of Nurse
- delegation
- violence, abuse and neglect
- discrimination
- controlled substances
- substance use disorder
- sexual harassment
- abortion
- death and related issues
3 TYPES OF HEALTHCARE SERVICES
PRIMARY
SECONDARY
TERTIARY
health promotion and prevention
PRIMARY PREVENTION
consist of diagnosis and treatment
SECONDARY PREVENTION
consist of rehab, health restoration, and palliative
TERTIARY PREVENTION
TYPE OF HEALTHCARE AGENCIES AND SERVICES
- Public Health
- Physician offices
- Ambulatory care centers
- Occupational health clinics
- Hospitals
- Subacute care facilities
- Extended (long -term) facilities
- Retirement & assisted living center
- Rehabilitation center
- Home healthcare agencies
- Day care center
- Rural care
- Hospice service
- Crisis center
- Mutual support and self-help groups
- Providers of healthcare
- Nurse
- Alternative care provider
- Assistive personnel
- Case manager
- Dentist
- Dietitian or nutritionist
- Emergency medical personnel
- Occupational therapist
- Paramedical technologist
- Pharmacist
- Physician
- Physician assistant
- Podiatrist
- Respiratory therapist
- Social worker
- Spiritual support personnel
FACTOR’S AFFECTING HEALTHCARE DELIVERY
● Increasing number of older adults
● Advance technology
● Economics
● Women’s health
● Uneven distribution of services
● Access to health insurance
● The homeless and the poor
● Health insurance portability and accountability act
● Demographic changes
● Frameworks for care
● Managed care
● Management care
● Case management
● Differentiated practice
● Case method
● Functional method
● Team nursing
● Primary nursing
● Financing healthcare
● Supplemental security income
● Children’s health insurance program
● Women, infants & children program
● Prospective payment system
is a collection of individuals who share some of the attributes of their lives and interact with one another in some way.
Community Nursing & Care continuity
- Informatics refers to the science of computer information system
- Use of information and technology to communicate, manage knowledge, mitigate error and support decision making
ELECTRONIC HEALTH RECORD
- is designed to facilitate the structure & application of data used to manage an organization or department
MIS - management information system
focuses on the type of data needed to manage client care activities and healthcare organization
HIS - hospital information system
Technology in Nursing Practice
*Documentation & medical record keeping bedside
*data entry
*quick access to patient data
*safer more reliable in prescribing
*promote legible, accurate documentation and streamlined coding & billing
*enhancing privacy & security
*reducing cost through decrease paperwork
*data can be displayed in different format
*focus more time
*improved communication
*client monitoring & computerized diagnosis
*tracking client status
*data standardization and classification
*information & sharing information
*accreditation
*data mining
*problem identification
*literature review
*research design
*data collection & analysis
*research dissemination
- is the freedom from disease-causing microorganism
ASEPSIS
is the condition in which acute organ dysfunction occurs secondary to infection
SEPSIS
includes all practices intended to confine a specific microorganism to specific area, limiting the number of, growth, and transmission of microorganism
MEDICAL ASEPSIS
refer to those practices that keep an area or object free of all microorganism including destroying all microorganisms and spores
SURGICAL ASEPSIS/STERILE TECHNIQUE
most common causing infection
BACTERIA
consist primarily of nucleic acid and therefore must enter living cells in order to reproduce common virus families rhinovirus causes common cold hepatitis, herpes and hiv
VIRUSES
- include yeast and molds candida albicans is a yeast consider to be normal in human vagina
FUNGI
- live on the other living organism. they include protozoa, such as the one causing malaria, helminths (worm), and arthropods (mites, fleas,ticks)
PARASITES
is the process by which strains of microorganism become a resident of the flora. in this state the microorganism may grow and multiply but do not cause disease
COLONIZATION
is limited to the specific part of the body where the microorganism remain
LOCAL INFECTION
when the organism spread and damage different parts of the body
➢bacteria - when blood culture become reveals microorganism
SYSTEMIC INFECTION
generally appear suddenly or last a short time
ACUTE INFECTION
condition when bacteremia results in systemic infection
SEPTICEMIA
may occur slowly over a period of time and may last a months or years.
CHRONIC INFECTION
classify as originated in the hospital
NOSOCOMIAL INFECTION
— is the process of intentional higher level thinking to define a client’s problem, examine the evidence based practice in caring for the client and make choices in the delivery of care.
CRITICAL THINKING
those that originate in any healthcare setting and of hospital acquired conditions
HEALTHCARE ASSOCIATED INFECTION
— is the cognitive process that uses thinking strategies to gather and analyze patient information, evaluate the relevance and decide on possible nursing actions to improve the patients physiological and psychological outcomes.
CLINICAL REASONING
4 CRITICAL THINKING MODEL
*characteristic (attitude/behavior)
*technical skill competencies
*theoretical & experimental knowledge, intellectual skills competencies
*interpersonal & self management skills
a)trial and error- number of approaches are tried until the solution is found
b)intuition - is a problem solving approach that relies on a nurses’ inner sense
c)clinical judgment - is a decision-making process to ascertain the right nursing
d)research process is formalized logical , systematic approach to problem solving
e)independence
a)trial and error- number of approaches are tried until the solution is found
b)intuition - is a problem solving approach that relies on a nurses’ inner sense
c)clinical judgment - is a decision-making process to ascertain the right nursing
d)research process is formalized logical , systematic approach to problem solving
e)independence
— is a mental activity in which a problem is that identified that represents an unsteady state.
PROBLEM SOLVING
NURSES USES CRITICAL THINKING
1.nurses use knowledge from other subject and fields
2.nurses deal with change in stressful environment
3.nurses make import aat decisions
application of a set of question to a particular situation or idea to determine essential information and ideas & discard unimportant information & ideas
CRITICAL ANALYSIS
is thinking that result is the development of new ideas and products
* generate many ideas rapidly
* be generally flexible & natural-,be able to change view points or directions
* create original solutions to problems
* be independent & self confident, even when under pressure
* demonstrate individuality
CREATIVITY
generalization are formed from a set of facts or observation
INDUCTIVE REASONING
from general to specific to the specific conclusion
DEDUCTIVE REASONING
used to look beneath the surface, recognize & examine assumptions, search for inconsistencies, examine multiple views & differentiate what one knows from one what one merely believes.
SOCRATES QUESTIONING
