Health, Public Policy, and the Legal System

Question 1

Mandatory reporting

Answer 1

Child abuse, elder abuse, DV; state regulation
RNs are mandated reporters

Question 2

What are the 3 types of law?

Answer 2

1. Criminal (public)
2. Civil (private)
3. Tort law (civil wrong)

Question 3

What law can you be sued for?
what law can you by arrested for?

Answer 3

sued = Civil
arrested = criminal

Question 3

Criminal law facts

Answer 3

have to prove beyond a reasonable doubt
punish the wrongdoer
Theft, assault, robbery, murder

Question 4

Tort law facts

Answer 4

unfairly causes someone else to suffer harm or loss
results in legal liability for who committed the act

Question 4

Civil law facts

Answer 4

addresses wrongs by requiring compensation or restitution
no other “punishment” - didnt mean to
cannot lose freedom

Question 5

Negligence

Answer 5

Most of what we see; failure to exercise the care that a reasonably prudent person would
careless not intential harm

Question 6

What are the elements needed to prove negligence in a malpractice suit?

Answer 6

1. a duty to provide care exists
2. established pt and provider relationship
3. breach of that duty

Question 7

What are examples of nursing negligence ?

Answer 7

failure to: follow standards of care, use equipment properly, communicate, assess, document

Question 8

What are examples of nursing leadership malpractice?

Answer 8

Liability for delegation and supervision
Duty to orient, educate, and evaluate
Staffing, ongoing education, floating an RN

Question 9

what is Medicare fraud ?

Answer 9

Medicare fraud - making false statements to obtain benefit for payment that you would not otherwise get

Question 10

what is Medicare abuse?

Answer 10

practices that result in unnecessary costs to the MC program