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Ruben's Nursing 50A > Fundamentals: Chapter 23 > Flashcards

Fundamentals: Chapter 23 Flashcards

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1
Q

Who creates statutory law?

A

Elected legislative bodies such as state legislatures and the U.S. Congress

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2
Q

What is a regulatory/administrative law?

A

decisions made by administrative bodies such as State Boards of Nursing when they pass rules and regulations

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3
Q

What is common law?

A

judicial decisions made in courts when individual legal cases are decided (informed consent, patient rights)

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4
Q

What are the two types of statutory law?

A

Civil and Criminal

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5
Q

What are Civil laws?

A

statutory laws that protect the rights of individuals within our society and provide for fair and equitable treatment when civil wrongs or violations occur

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6
Q

What is the consequence of a civil law violation?

A

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

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7
Q

What are Criminal laws?

A

statutory laws that protect society as a whole and provide punishment for crimes, which are defined by municipal, state, and federal legislation

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8
Q

What are the two classifications of crimes?

A

Felony and Misdemeanor

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9
Q

What is a felony?

A

a crime of a serious nature that has a penalty of imprisonment for longer than 1 year or even death

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10
Q

What is a Misdemeanor?

A

a less serious crime that has a penalty of a fine or imprisonment for less than 1 year

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11
Q

What are standards of care?

A

the legal requirements for nursing practice that describe minimum acceptable nursing care

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12
Q

Who develops standards for nursing practice, policy statements, and similar resolutions?

A

American Nurses Association (ANA)

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13
Q

What is the best way for nurses to keep up with the current legal issues affecting nursing practice?

A

maintain familiarity with standards of care and the policies and procedures of their employing agency and to read current nursing literature in their practice area

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14
Q

What was one of the first and most important cases to discuss a nurse’s liability?

A

Darling v Charleston Community Memorial Hospital

amputation

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15
Q

What is the Americans with Disabilities Act (ADA)

A

a broad civil rights statute that protects the rights of people with physical or mental disabilities

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16
Q

Which disease is protected by the ADA

A

human immunodeficiency virus (HIV)

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17
Q

What is the purpose of the Emergency Medical Treatment and Active Labor Act (EMTALA)?

A

when a patient comes to the emergency department or the hospital, an appropriate medical screening occurs within the capacity of the hospital. If an emergency condition exists, the hospital is not to discharge or transfer the patient until the condition stabilizes

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18
Q

What are the exceptions to the EMTALA?

A

the patient requests transfer or discharge in writing after receiving information about the benefits and risks or if a health care provider certifies that the benefits of transfer outweigh the risks

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19
Q

What is the purpose of the Mental Health Parity Act of 1996?

A

if health insurance plans provide mental health benefits, they are forbidden from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits

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20
Q

What are two ways patients are admitted into a mental health unit?

A

involuntarily or on a voluntary basis

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21
Q

Why is documentation of precautions against suicide important?

A

Lawsuits result from patients’ attempts at suicide within the hospital

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22
Q

What is the purpose of the The Patient Self-Determination Act (PSDA)?

A

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

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23
Q

What are the 3 different types of advance directives?

A

living wills, health care proxies, and durable powers of attorney for health care

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24
Q

What is a living will?

A

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

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25
Q

At what age does someone in the US have the right to make an organ donation?

A

18 yrs old

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26
Q

What is the purpose of the National Organ Transplant Act of 1984

A

prohibits the purchase or sale of organs

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27
Q

Who sets policies and guidelines for the procurement of organs?

A

United Network for Organ Sharing (UNOS)

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28
Q

What is the purpose of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)?

A

provides rights to patients and protects employees

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29
Q

What is patient privacy?

A

the right of patients to keep personal information from being disclosed

30
Q

What is patient confidentiality?

A

protects private patient information once it has been disclosed in health care settings

31
Q

What is the purpose of the the Federal Nursing Home Reform Act (1987)?

A

gave residents in certified nursing homes the right to be free of unnecessary and inappropriate restraints

32
Q

In what 3 situations are restraints acceptable?

A

(1) only to ensure the physical safety of the resident or other residents
2) when less restrictive interventions are not successful
(3) only on the written order of a health care provider

33
Q

Improper use of restraints on a patient can lead to what kind of charges?

A

abuse, battery, or false imprisonment

34
Q

What is a “failure to act” law?

A

laws that make it a crime not to provide Good Samaritan care

35
Q

What are the two standards for the determination of death?

A

Cardiopulmonary standard

Whole-brain standard

36
Q

Describe the cardiopulmonary standard for the determination of death:

A

requires irreversible cessation of circulatory and respiratory functions

37
Q

Describe the whole-brain standard for the determination of death:

A

requires irreversible cessation of all functions of the entire brain, including the brainstem

38
Q

Why is it necessary to develop standards for the determination of death?

A

to facilitate recovery of organs for transplantation

39
Q

What is the purpose of the the Uniform Determination of Death Act (1980)?

A

health care providers can use either the cardiopulmonary or the whole-brain definition to determine death

40
Q

What are the 4 priorities for giving consent for an autopsy?

A

(1) the patient in writing before death
(2) durable power of attorney
(3) surviving spouse
(4) surviving child, parent, or sibling in the order named.

41
Q

What is the Death with Dignity Act (1994)?

A

the first statute that permitted physician or health care provider–assisted suicide

42
Q

What is the ANA view on a nurse’s participation in assisted suicide?

A

it violates the code of ethics for nurses

43
Q

What is the International Council of Nurses’ (ICN) position on a nurse’s participation in assisted suicide?

A

mandated to ensure an individual’s peaceful end of life

44
Q

What is a tort?

A

a civil wrong made against a person or property

45
Q

What are the 3 classifications of torts?

A

intentional, quasi-intentional, or unintentional

46
Q

What is an intentional tort? (List 3 types)

A

willful acts that violate another’s rights (assault, battery, and false imprisonment)

47
Q

What is a quasi-intentional tort? (List 2 types)

A

acts in which intent is lacking but volitional action and direct causation occur (invasion of privacy and defamation of character)

48
Q

What is an unintentional tort?

A

negligence or malpractice

49
Q

What is assuaut?

A

any action that places a person in apprehension of a harmful or offensive contact without consent. (does not have to be physical touch)

50
Q

What is battery?

A

any intentional touching without consent

51
Q

What is false imprisonment?

A

unjustified restraint of a person without legal warrant

52
Q

What is invasion of privacy?

A

unwanted intrusion into his or her private affairs

53
Q

What is defamation of character? (List 2 types)

A

publication of false statements that result in damage to a person’s reputation.(slander and libel)

54
Q

What is slander?

A

occurs when one speaks falsely about another

55
Q

What is libel?

A

the written defamation of character

56
Q

Who must authorize the release of information and designate to whom the health care information may be released

A

the patient

57
Q

What is negligence?

A

conduct that falls below a standard of care

58
Q

What is malpractice?

A

professional negligence

59
Q

What is the best way for nurses to avoid malpractice?

A

follow standards of care, give competent health care, and communicate with other health care providers

60
Q

Why is timely and truthful documentation important?

A

it provides the communication necessary among health care team members

61
Q

When is a signed consent form required?

A

all routine treatment, hazardous procedures such as surgery, some treatment programs such as chemotherapy, and research involving patients

62
Q

What is informed consent?

A

a person’s agreement to allow something to happen such as surgery or an invasive diagnostic procedure, based on a full disclosure of risks, benefits, alternatives, and consequences of refusal

63
Q

In what situation is informed consent not necessary?

A

An emergency but only if it is impossible to obtain consent from the patient or an authorized person

64
Q

Why shouldn’t a nurse walk out when staffing is inadequate?

A

may be charged with patient abandonment

65
Q

When can a nurse choose to not follow a physician’s order?

A

they believe the orders are in error or harm patients

66
Q

What happens if a nurse carries out an inaccurate or inappropriate order?

A

The nurse is is legally responsible for any harm the patient suffers

67
Q

Are nursing students allowed to take verbal orders?

A

No

68
Q

What is risk management?

A

an organization’s system of ensuring appropriate nursing care by identifying potential hazards and eliminating them before harm occurs

69
Q

Which administrative group has the best known nursing standards of care?

A

American Nurses Association (ANA)

70
Q

What is the purpose of The Uniform Anatomical Gift Act?

A

An individual who is at least 18 years old has the right to make an organ donation.

Donors need to make their wishes known in writing.

Many states allow adults to sign the back of their driver’s license indicating their intent for organ donation

71
Q

List types of state statutory issues in nursing practice

A

Licensure

Good Samaritan Laws

Public Health Laws

Ruben's Nursing 50A (40 decks)

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