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
Give an example of the foreseeability element
The patient could fall down if their side rail was not up and their call light within reach
Give an example of the Harm element
The patient could end up with a pulmonary embolism from the fall and then they die
What time frame does a nurse have to give meds?
1 hour before or 1 hour after they are due
Is assault verbal or physical?
Verbal
Is battery physical or verbal?
Physical
How often must a person have a doctor’s order for a physical restraint?
Every 24 hours if someone has a restraint. (An order must be given no matter what)
If someone has a physical restraint what must a nurse do to care for the patient?
- they must be removed periodically so the patient can be re positioned
- They should be offered toileting, food, and fluids periodically
- Continuous evaluation on necessity of restraint must be done
- Check them every 15 minutes to see if there is proper perfusion in the area of the restraint.
What are the parts of informed consent?
- The diagnosis or condition that required treatment
- the purposes of the treatment
- What the patient can expect to feel or experience
- The intended benefits of the treatment
- Possible risks or negative outcomes of the treatment
- Advantages and disadvantages of possible alternatives to treatment (including no treatment)
What should a nurse do if a minor does not you to tell their parents about their sexually transmitted disease?
Do not tell the parents, respect their confidentiality.
What is the good Samaritan law?
designed to protect people offering assistance from
Can nurses do anything outside their scope of practice according to the Good Samaritan Law?
No
