Health Care Law Flashcards
What is health care law?
“…. the collection of laws that have a direct impact on the delivery of health care or on the relationships among those in the business of health care or between the providers and recipients of health care.” Giddens (2017), p. 533.
What is statutory law?
Statutory Law – developed by legislative branches at federal, state and local levels (state legislature, U.S. Congress) Civil Criminal Administrative (Regulatory law) Nurse Practice Act Policies & Procedures HIPAA
What is tort law?
Civil wrongful acts or omissions made against a person or property.
What is malpractice
Conduct deviating from the Standard of Practice dictated by the profession.
Read: Nurse Malpractice
What are the elements of negligence or malpractice?
Elements that are included:
Duty
Failure to monitor a patient’s response to treatment (standard)
Breach of duty
Failure to communicate change in patient statutes to primary healthcare provider
Foreseeability
Failure to ensure minimum standards are met
Causation
Failure to provide adequate patient education
Injury or harm
Fractured hip and head concussion after a patient fall
What are elements of Assault, Battery, False Imprisonment
Elements that are included:
Assault
Threatening or forcing client (threatening a client who refuses to agree with starting an IV is assault).
Battery
Willful touching that is unwanted, embarrassing, unwarranted (touching without permission, giving injection without client’s consent)
False Imprisonment
Confining patient to bed with intent to restrict (detaining a client who wishes to leave against medical advice (AMA)
What are some state statutory law?
Advanced Directive – Covered with guest speaker including active learning exercise.
Death with Dignity Act (Oregon 1994) otherwise knows as Physician Assisted Suicide
“incurable and irreversible disease that has been medically confirmed and will, within reasonable medical judgment, produce death within 6 months.”
Good Samaritan Act (1997)
Encourage healthcare provider to help victims in an emergency (within scope) and protect them from potential liability. The nurse is responsible for following through with emergency care until hand off to capable person.
A nurse stops to help in an emergency at the scene of an accident. The injured party files a suit, and the nurse’s employing institution insurance does not cover the nurse. What would probably cover the nurse in this situation?
The nurse’s automobile insurance
The nurse’s homeowners insurance
The Good Samaritan law, which grants immunity from suit if there is no gross negligence.
The Patient Care Partnership, which may grant immunity from suit if the injured party consents.
The Good Samaritan law, which grants immunity from suit if there is no gross negligence.
A nurse notes that the health care unit keeps a listing of the patient names at the front desk in easy view for health care providers to more efficiently locate the patient. The nurse talks with the nurse manager because this action is a violation of which act?
Patient Protection and Affordable Care Act (PPACA)
Health Insurance Portability and Accountability Act (HIPAA)
Emergency Medical Treatment and Active Labor Act (EMTALA)-any person that comes in has the right to treatment.
Patient Self-Determination Act (PSDA)-right to advanced directive and living will.
Health Insurance Portability and Accountability Act (HIPAA)
Which of the following is an example of unacceptable delegation?
The RN asks the UAP to help a client walk to the bathroom.
The RN asks the UAP to measure and record the client’s vital signs.
The RN assigns the LPN to assess the wound and complete a dressing change on client.
The RN delegates medication administration to the LPN.
The RN assigns the LPN to ASSESS the wound and complete a dressing change on client.
Which of the following actions, if performed by a registered nurse, would result in both criminal and administrative law sanctions against the nurse (Select ALL that apply).
Taking or selling controlled substances
Refusing to provide health care information to a patient’s child
Reporting suspected abuse and neglect of children
Applying physical restraints without a written physician’s order
Completing an occurrence/ incident report on the unit
Taking or selling controlled substances
Applying physical restraints without a written physician’s order
A patient has a fractured femur that is placed in skeletal traction with a fresh plaster cast applied. The patient experiences decreased sensation and a cold feeling in the toes of the affected leg. The nurse observes that the patient’s toes have become pale and cold but forgets to document this because one of the nurse’s other patients experienced cardiac arrest at the same time. Two days later the patient in skeletal traction has an elevated temperature, and he is prepared for surgery to amputate the leg below the knee. Which of the following statements regarding a breach of duty apply to this situation (Select ALL that apply)?
Failure to document a change in assessment data
Failure to provide discharge instructions
Failure to follow the 6 rights of medication administration
Failure to use the proper medical equipment ordered for patient monitoring
Failure to notify a health care provider about a change in the patient’s condition
Failure to document a change in assessment data
Failure to notify a health care provider about a change in the patient’s condition
