Lecture: Legal Implications in Nursing Practice

Question 1

Statutory Law

Answer 1

Legal guidelines that are specific to state (ex: nurse practice acts). Divided into criminal law and civil law.

Question 2

Civil Law

Answer 2

Legal guidelines; Division of statutory law. (ex: negligence, malpractice)

Question 3

Criminal Law

Answer 3

Legal guidelines; Division of statutory law. Criminal law is divided further into felonies and misdemeanors. (ex: misuse of controlled substance)

Question 4

Regulatory Law

Answer 4

Also known as administrative law. Rules & regulations passed by administrative bodies. (ex: state boards of nursing)

Question 5

Common Law

Answer 5

Judicial law based on individual legal cases

Question 6

Negligence

Answer 6

Nurse fails to carry out certain duty; may result in injury to patient.

Question 7

ADA

Answer 7

Americans with Disabilities Act: prohibits discrimination for those with disabilities, including those with HIV

Question 8

EMTALA

Answer 8

Emergency Medical Treatment and Active Labor Act: hospitals must treat and stabilize regardless of medical insurance before transferring patient out

Question 9

Mental Health Parity Act

Answer 9

Must stabilize those with mental health issues before releasing them back into the public

Question 10

Uniform Anatomical Gift Act

Answer 10

Right to make organ donation effective upon death

Question 11

Advance Directives

Answer 11

Legal document providing patient wishes for medical decisions provided the patient is incapacitated. Includes living wills and durable power of attorney.

Question 12

Living Wills

Answer 12

Type of advance directive that directs treatment based on patient wishes during a terminal illness or persistent vegetative state

Question 13

Durable Power of Attorney

Answer 13

Type of advance directive that designates an alternate person to make health care decisions when patient is unable to

Question 14

Restraints (statutory law)

Answer 14

Right to be free from unnecessary and inappropriate restraints

Question 15

Examples of state statutory laws

Answer 15

Licensure, good samaritan laws, public health laws, uniform determination of death act, physician assisted suicide

Question 16

Examples of federal statutory laws

Answer 16

ADA, EMTALA, mental health parity act, uniform anatomical gift act, advance directives, living wills, durable power of attorney, restraints, HIPAA

Question 17

Uniform Determination of Death Act

Answer 17

Irreversible cessation of circulatory and respiratory functions

Question 18

Physician-Assisted Suicide

Answer 18

Right to request in the event of a terminal illness. Only legal in Oregon.

Question 19

Tort

Answer 19

A civil wrong made against a person or property

Question 20

Intentional Tort

Answer 20

Assault, battery, false imprisonment

Question 21

Quasi-intentional Tort

Answer 21

Invasion of privacy, malice, slander

Question 22

Unintentional Tort

Answer 22

Negligence, malpractice

Question 23

Common negligent acts

Answer 23

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

Question 24

When can a minor self-consent?

Answer 24

If emancipated or when regarding pregnancy (not abortion), venereal disease or drug/substance abuse

Question 25

1973 Roe v. Wade

Answer 25

Gave women right to abortion

Question 26

Malpractice Insurance

Answer 26

Covers nurse against malpractice or negligence lawsuit

Question 27

Steps in Risk Management

Answer 27

1. Identify risks 2. Analyze Risks 3. Act to reduce risks 4. Evaluate

Question 28

SBAR

Answer 28

Systematic way of communicating with other health care providers (ex: giving report, addressing physician) SBAR = Situation, background, assessment, recommendation