Healthcare Law Flashcards
What is an advanced directive
A legal document expressing an individual’s desires regarding medical treatment
What is a living will?
A document that provides written instructions about what the patient wants or will refuse
What is the difference between a living will and an advanced directive?
A living will is a type of advanced directive
What is implied consent?
Implied consent is nonverbal consent indicated by a patient’s cooperative actions
EX: If a patient passes out in the ED, then that is implied consent that they want help
What is malpractice?
Conduct deviated from the standards of practice dictated by the profession
What is negligence?
It is malpractice by healthcare providers such as doctors and nurses
What are constitutional laws governed by?
The federal government and they do not have a direct relationship to health care
What are statutory law governed by?
A legislative body
EX: Nursing laws
What are administrative laws governed by?
The SBON (State Board of Nursing)
Does the state board of nursing protect the nurses or the public
The public
Does the Kansas State Nurses Association protect nursing or the public
Nursing
Are student nurses held to the same standard as licensed nurses?
Yes
What are the five elements of negligence and malpractice?
- Duty
- Breach of Duty
- Foreseeability
- Causation
- Harm
Define the “Duty” element?
To keep the patient safe
Give an example of the Breach of Duty Element
forgetting to put the side rail down or call light not within reach