Fundamentals: Chapter 23 Flashcards
Who creates statutory law?
Elected legislative bodies such as state legislatures and the U.S. Congress
What is a regulatory/administrative law?
decisions made by administrative bodies such as State Boards of Nursing when they pass rules and regulations
What is common law?
judicial decisions made in courts when individual legal cases are decided (informed consent, patient rights)
What are the two types of statutory law?
Civil and Criminal
What are Civil laws?
statutory laws that protect the rights of individuals within our society and provide for fair and equitable treatment when civil wrongs or violations occur
What is the consequence of a civil law violation?
damages in the form of fines or specific performance of good works such as public service
What are Criminal laws?
statutory laws that protect society as a whole and provide punishment for crimes, which are defined by municipal, state, and federal legislation
What are the two classifications of crimes?
Felony and Misdemeanor
What is a felony?
a crime of a serious nature that has a penalty of imprisonment for longer than 1 year or even death
What is a Misdemeanor?
a less serious crime that has a penalty of a fine or imprisonment for less than 1 year
What are standards of care?
the legal requirements for nursing practice that describe minimum acceptable nursing care
Who develops standards for nursing practice, policy statements, and similar resolutions?
American Nurses Association (ANA)
What is the best way for nurses to keep up with the current legal issues affecting nursing practice?
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
What was one of the first and most important cases to discuss a nurse’s liability?
Darling v Charleston Community Memorial Hospital
amputation
What is the Americans with Disabilities Act (ADA)
a broad civil rights statute that protects the rights of people with physical or mental disabilities
Which disease is protected by the ADA
human immunodeficiency virus (HIV)
What is the purpose of the Emergency Medical Treatment and Active Labor Act (EMTALA)?
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
What are the exceptions to the EMTALA?
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
What is the purpose of the Mental Health Parity Act of 1996?
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
What are two ways patients are admitted into a mental health unit?
involuntarily or on a voluntary basis
Why is documentation of precautions against suicide important?
Lawsuits result from patients’ attempts at suicide within the hospital
What is the purpose of the The Patient Self-Determination Act (PSDA)?
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
What are the 3 different types of advance directives?
living wills, health care proxies, and durable powers of attorney for health care
What is a living will?
written documents that direct treatment in accordance with a patient’s wishes in the event of a terminal illness or condition
At what age does someone in the US have the right to make an organ donation?
18 yrs old
What is the purpose of the National Organ Transplant Act of 1984
prohibits the purchase or sale of organs
Who sets policies and guidelines for the procurement of organs?
United Network for Organ Sharing (UNOS)
What is the purpose of the Health Insurance Portability and Accountability Act of 1996 (HIPAA)?
provides rights to patients and protects employees
What is patient privacy?
the right of patients to keep personal information from being disclosed
What is patient confidentiality?
protects private patient information once it has been disclosed in health care settings
What is the purpose of the the Federal Nursing Home Reform Act (1987)?
gave residents in certified nursing homes the right to be free of unnecessary and inappropriate restraints
In what 3 situations are restraints acceptable?
(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
Improper use of restraints on a patient can lead to what kind of charges?
abuse, battery, or false imprisonment
What is a “failure to act” law?
laws that make it a crime not to provide Good Samaritan care
What are the two standards for the determination of death?
Cardiopulmonary standard
Whole-brain standard
Describe the cardiopulmonary standard for the determination of death:
requires irreversible cessation of circulatory and respiratory functions
Describe the whole-brain standard for the determination of death:
requires irreversible cessation of all functions of the entire brain, including the brainstem
Why is it necessary to develop standards for the determination of death?
to facilitate recovery of organs for transplantation
What is the purpose of the the Uniform Determination of Death Act (1980)?
health care providers can use either the cardiopulmonary or the whole-brain definition to determine death
What are the 4 priorities for giving consent for an autopsy?
(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.
What is the Death with Dignity Act (1994)?
the first statute that permitted physician or health care provider–assisted suicide
What is the ANA view on a nurse’s participation in assisted suicide?
it violates the code of ethics for nurses
What is the International Council of Nurses’ (ICN) position on a nurse’s participation in assisted suicide?
mandated to ensure an individual’s peaceful end of life
What is a tort?
a civil wrong made against a person or property
What are the 3 classifications of torts?
intentional, quasi-intentional, or unintentional
What is an intentional tort? (List 3 types)
willful acts that violate another’s rights (assault, battery, and false imprisonment)
What is a quasi-intentional tort? (List 2 types)
acts in which intent is lacking but volitional action and direct causation occur (invasion of privacy and defamation of character)
What is an unintentional tort?
negligence or malpractice
What is assuaut?
any action that places a person in apprehension of a harmful or offensive contact without consent. (does not have to be physical touch)
What is battery?
any intentional touching without consent
What is false imprisonment?
unjustified restraint of a person without legal warrant
What is invasion of privacy?
unwanted intrusion into his or her private affairs
What is defamation of character? (List 2 types)
publication of false statements that result in damage to a person’s reputation.(slander and libel)
What is slander?
occurs when one speaks falsely about another
What is libel?
the written defamation of character
Who must authorize the release of information and designate to whom the health care information may be released
the patient
What is negligence?
conduct that falls below a standard of care
What is malpractice?
professional negligence
What is the best way for nurses to avoid malpractice?
follow standards of care, give competent health care, and communicate with other health care providers
Why is timely and truthful documentation important?
it provides the communication necessary among health care team members
When is a signed consent form required?
all routine treatment, hazardous procedures such as surgery, some treatment programs such as chemotherapy, and research involving patients
What is informed consent?
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
In what situation is informed consent not necessary?
An emergency but only if it is impossible to obtain consent from the patient or an authorized person
Why shouldn’t a nurse walk out when staffing is inadequate?
may be charged with patient abandonment
When can a nurse choose to not follow a physician’s order?
they believe the orders are in error or harm patients
What happens if a nurse carries out an inaccurate or inappropriate order?
The nurse is is legally responsible for any harm the patient suffers
Are nursing students allowed to take verbal orders?
No
What is risk management?
an organization’s system of ensuring appropriate nursing care by identifying potential hazards and eliminating them before harm occurs
Which administrative group has the best known nursing standards of care?
American Nurses Association (ANA)
What is the purpose of The Uniform Anatomical Gift Act?
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
List types of state statutory issues in nursing practice
Licensure
Good Samaritan Laws
Public Health Laws
