Lecture: Legal Implications in Nursing Practice Flashcards
Statutory Law
Legal guidelines that are specific to state (ex: nurse practice acts). Divided into criminal law and civil law.
Civil Law
Legal guidelines; Division of statutory law. (ex: negligence, malpractice)
Criminal Law
Legal guidelines; Division of statutory law. Criminal law is divided further into felonies and misdemeanors. (ex: misuse of controlled substance)
Regulatory Law
Also known as administrative law. Rules & regulations passed by administrative bodies. (ex: state boards of nursing)
Common Law
Judicial law based on individual legal cases
Negligence
Nurse fails to carry out certain duty; may result in injury to patient.
ADA
Americans with Disabilities Act: prohibits discrimination for those with disabilities, including those with HIV
EMTALA
Emergency Medical Treatment and Active Labor Act: hospitals must treat and stabilize regardless of medical insurance before transferring patient out
Mental Health Parity Act
Must stabilize those with mental health issues before releasing them back into the public
Uniform Anatomical Gift Act
Right to make organ donation effective upon death
Advance Directives
Legal document providing patient wishes for medical decisions provided the patient is incapacitated. Includes living wills and durable power of attorney.
Living Wills
Type of advance directive that directs treatment based on patient wishes during a terminal illness or persistent vegetative state
Durable Power of Attorney
Type of advance directive that designates an alternate person to make health care decisions when patient is unable to
Restraints (statutory law)
Right to be free from unnecessary and inappropriate restraints
Examples of state statutory laws
Licensure, good samaritan laws, public health laws, uniform determination of death act, physician assisted suicide
Examples of federal statutory laws
ADA, EMTALA, mental health parity act, uniform anatomical gift act, advance directives, living wills, durable power of attorney, restraints, HIPAA
Uniform Determination of Death Act
Irreversible cessation of circulatory and respiratory functions
Physician-Assisted Suicide
Right to request in the event of a terminal illness. Only legal in Oregon.
Tort
A civil wrong made against a person or property
Intentional Tort
Assault, battery, false imprisonment
Quasi-intentional Tort
Invasion of privacy, malice, slander
Unintentional Tort
Negligence, malpractice
Common negligent acts
failure to assess, failure to notify health care provider when problems present, failure to follow orders, failure to follow 6 rights of medication administration, failure to communicate discharge instructions, failure to ensure patient safety, failure to follow policies/procedures, failure to properly delegate/supervise
When can a minor self-consent?
If emancipated or when regarding pregnancy (not abortion), venereal disease or drug/substance abuse
1973 Roe v. Wade
Gave women right to abortion
Malpractice Insurance
Covers nurse against malpractice or negligence lawsuit
Steps in Risk Management
- Identify risks 2. Analyze Risks 3. Act to reduce risks 4. Evaluate
SBAR
Systematic way of communicating with other health care providers (ex: giving report, addressing physician) SBAR = Situation, background, assessment, recommendation
