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A. Professional Development > Law and Ethics > Flashcards

Law and Ethics Flashcards

1
Q

What is nursing malpractice?

A

Professional negligence

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2
Q

Omission

A

Not performing a professional duty

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3
Q

Commission

A

Providing care below the required standards of care

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4
Q

Causation

A

Did the actions or inactions play a part in causing the injury?

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5
Q

Must an actual injury be proven in order for a malpractice case to move forward?

A

Yes!

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6
Q

Two tests to determine causation

A

(1) actual cause test; (2) proximate cause test

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7
Q

Actual cause test

A

But for the actions/inactions of the nurse, would this injury have occurred?

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8
Q

Proximate cause test

A

Are there any broken links in the chain of events that led to the injury? Did the actions of other intervening healthcare providers play a role?

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9
Q

Foreseeability of harm

A

How foreseeable is it that the patient would be injured by the actions/inactions of the nurse?

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10
Q

Universal standard of care for nurses

A

What a reasonably prudent nurse would have done under similar circumstances

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11
Q

External standards of care

A

(1) accreditation agencies (joint commission, AACN, NLN), (2) nurse practice acts for each state, (3) state boards of nursing rules and regulations, (4) federal and state statues (HIPAA), (5) professional associations (ANA Code of Ethics), (6) textbooks & treastises studied, (7) equipment and product manufacturers’ information, (8) case law

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12
Q

Internal standards of care

A

The hospital’s own policies and procedures

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13
Q

AACN

A

American Association of Colleges of Nursing

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14
Q

NLN

A

National League for Nursing

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15
Q

HIPAA

A

Health Insurance Portability and Accountability Act

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16
Q

Can you be held responsible for the actions of UAP to whom you delegate tasks?

A

Yes!

17
Q

UAP

A

unlicensed assistive personnel

18
Q

A nurse manager notices an area that could be improved in the nursing care on her unit, but never gets around to making the improvement. What is this an example of?

A

Professional negligence and malpractice

19
Q

How frequently should the policies and procedures of a unit be updated in order to remain current?

A

Every 2 years

20
Q

What is the management duty with the greatest potential for liability?

A

Staffing assignments

21
Q

What is a clear indicator of a unit’s working environment?

A

Nurse retention rates

22
Q

A nurse makes an error and submits an incidence/occurrence report. Should she make note of this report in the patient’s record?

A

No!

23
Q

What is the common thread found in the most common sentinel events?

A

Nurses need to pay heightened attention to the duty to provide a safe patient environment

24
Q

What are two common causes of nurse malpractice?

A

(1) delayed treatment, (2) inadequate communication

25
Q

What is the most frequently reported sentinel event?

A

Wrong site surgery

26
Q

What is the second most frequently reported sentinel event?

A

Patient suicide

27
Q

What is the third most frequently reported sentinel event?

A

Operative/postoperative complications

28
Q

Other common sentinel events?

A

Medication errors; treatment delays; patient deaths/injuries due to falls or restraints; assault; rape; homicide; transfusion errors; perinatal death/loss of function

29
Q

What are some causes of medical errors?

A

(1) lack of communication, (2) inattention to detail, (3) poorly coordinated resources, (4) inadequate planning

30
Q

Once a sentinel event is reported, what must be done?

A

A root-cause analysis

31
Q

What does the Joint Commission believe is the leading cause of sentinel events (in > 50% of cases)?

A

communication issues; lack of orientation/training

32
Q

Other causes of sentinel events (Joint Commission)

A

lack of patient assessment; low staffing; lack of information availability; competency & credentialing issues; lack of procedural compliance; problems with safety and security in the environment; lack of leadership; lack of continuum in care

33
Q

According to the institute of Medicine, what must be done to provide an environment where patient safety and a reduction in medical errors exists?

A

The system must share responsibility for errors made by healthcare providers

34
Q

Who is the link between the nurses and the system?

A

Nurse managers

35
Q

Who put forth the five rights of delegation?

A

The national council of state boards of nursing

36
Q

What are the five rights of delegation?

A

(1) right task, (2) right circumstances, (3) right person, (4) right direction, (5) right supervision

A. Professional Development (1 decks)

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