Jen ch 23 Flashcards
statutory law
Of or related to laws enacted by a legislative branch of the government.
Nurse Practice Acts
Statutes enacted by the legislature of any of the states or the appropriate officers of the districts or possessions that describe and define the scope of nursing practice.
Americans with Disabilities Act (ADA)
ADA protects the rights of individuals who are disabled in the workplace, in educational institutions, and throughout our society
regulatory/administr4ative law
reflects decisions made by administrative bodies such as State Boards of Nursing when they pass rules and regulations. An example of a regulatory law is the requirement to report incompetent or unethical nursing conduct to the State Board of Nursing
Common Law
results from judicial decisions made in courts when individual legal cases are decided. Examples of common law include informed consent, the patient’s right to refuse treatment, negligence, and malpractice.
Civil laws
protect the rights of individuals within our society and provide for fair and equitable treatment when civil wrongs or violations occur. Civil law violation ex. for a nurse - negligence and malpractice
Criminal laws
protect society as a whole and provide punishment for crimes, which are defined by municipal, state, and federal legislation
felony
a crime of a serious nature that has a penalty of imprisonment for longer than 1 year or even death
misdemeanor
less serious crime that has a penalty of a fine or imprisonment for less than 1 year
Standards of care
the legal requirements for nursing practice that describe minimum acceptable nursing care
American Nurses Assoc. (ANA)
develops standards for nursing practice, policy statements, and similar resolutions. These standards outline the scope, function and role of the nurse in practice
Emergency Medical Treatment and Active Labor Act (EMTALA)
This act provides that, 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. (stops what is referred to as “patient dumping”)
Mental Health Parity Act
forbids health plans from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits.
Advanced Directives
include living wills, health care proxies, and durable powers of attorney. Are based on values of informed consent, patient autonomy over end-of-life decisions, truth telling and control over the dying process
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..
Living will
written documents that direct treatment in accordance with a patient’s wishes in the event of a terminal illness or condition. With this legal document the patient is able to declare which medical procedures he or she wants or does not want when terminally ill or in a persistent vegetative state.
Healthcare proxy/durable power of attorney for healthcare (DPAHC)
legal document that designates a person or persons of one’s choosing to make health care decisions when the patient is no longer able to make decisions on his or her own behalf
privacy vs confidentiality
privacy is the right of patient to keep personal info from being disclosed - confidentiality protects private patient info once it has been disclosed in healthcare setting.
restraints
very last thing to do - can use to 1 ensure safety of resident and other residents 2 when less restrictive interventions fail 3 only with a written order from a healthcare provider
Good Samaritan Law
These laws limit liability and offer legal immunity if a nurse helps at the scene of an accident, but only provide care in your scope of practice
Uniform Determination of Death Act
states that health care providers can use either the cardiopulmonary or the whole-brain definition to determine death. Be aware of legal definitions of death because you need to document all events that occur when the patient is in your care
Tort
civil wrong made against a person or property. classified as intentional, quasi-intentional and unintentional
Intentional torts
willful acts that violate another’s rights such as assault, battery and false imprisonment
Quasi-intentional torts
acts in which intent is lacking but volitional action and direct causation occur as in invasion of privacy abd defamation of character
unintentional tort
includes negligence or malpractice
assault
any action that places a person in apprehension of a harmful or offensive contact without consent. No actual contact is necessary. It is an assault for a nurse to threaten to give a patient an injection or to threaten to restrain a patient for an x-ray procedure when the patient has refused consent
battery
any intentional touching without consent. The contact can be harmful to the patient and cause an injury, or it can be merely offensive to the patient’s personal dignity. In the example of a nurse threatening to give a patient an injection without the patient’s consent, if the nurse actually gives the injection, it is battery
negligence
Careless act of omission or commission that results in injury to another.
malpractice
Injurious or unprofessional actions that harm another.
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
Occurrence/incident report
Confidential document that describes any patient accident while the person is on the premises of a health care agency
