Legal

Question 1

Sources of law are:

Answer 1

• Constitution & the bill of rights
• Common Law
• Administrative law
• Legislation and Statutes – nursing practice acts

Question 2

Who determines the legislation statutes

Do nurses have control over it?

Answer 2

• City, State, Federal government

- Yes!

Question 3

What body regulates and enforces nursing practice act

Answer 3

State Board of Nursing - administrative law

Question 4

A decision made in one case can affect decisions made in later similar cases
“Judge-made law”
This is called?

Answer 4

Common Law

Question 5

3 Types of laws are:

Answer 5

• Public
• Criminal
• Private/Civil
• Tort

Question 6

Public law entails

Answer 6

individuals and government

Question 7

Criminal law entails

Answer 7

Deals with actions against the safety and welfare of the public

Question 8

Private/Civil Law entails

Answer 8

Between private individuals

Contract

Question 9

Tort Law

Answer 9

Defines and enforces duties and rights among private individuals that are NOT based on contractual agreements

Question 10

Examples of tort laws applicable to nursing:

Answer 10

Negligence and Malpractice
Invasion of privacy
Assault and battery

Question 11

How does constitution affect nursing

Answer 11

• due process

- equal protection

Question 12

How does statutory (legislative) law affect nursing

Answer 12

• Nurse Practice Acts
• Good Samaritan acts
• Child and Adult abuse laws
• Living wills
• Sexual harassment laws
• American with Disabilities acts

Question 13

• Homicide
• Manslaughter
• Theft
• Arson
• Active euthanasia
• Sexual assault
• Illegal possession of controlled drugs

Answer 13

Criminal/Public Law

Question 14

• Nurse and employer
• Nurse and client
• Nurse and insurance
• Client and agency

Answer 14

Contracts (Private/Civil)

Question 15

Negligence/Malpractice
Libel and slander
Invasion of privacy
Assault and battery
False imprisonment
Abandonment

Answer 15

Torts (Private/Civil)

Question 16

Civil Judicial Process:

Answer 16

1) Complaint: plaintiff and defedant
2) Answer
3) Discovery
4) Trial
5) Judge = decision
6) Jury = verdict

Question 17

Deal with the relationship among individuals in society

Answer 17

Civil Actions

Question 18

Deals with dispute between an individual and the society as a whole

Answer 18

Criminal Actions

Question 19

Laws that govern nursing practice

Answer 19

Nurse Practice Acts

Question 20

The skills and learning commonly possessed by members of a profession
Purpose: To protect the consumer

Answer 20

Standards of Care

Question 21

Examples of internal standards of care

Answer 21

Nurses job description
Education
Expertise
Institutional Policies and Procedures

Question 22

Nurse Practice Acts
Professional Organizations
ANA, etc.
Nursing Specialty – Practice Organizations
ONS, CCRN, ENA, etc
Federal Organizations and Federal Guidelines
Joint Commission, DHS, etc.

Answer 22

Examples of External Standards of Care

Question 23

What a reasonable and prudent professional with similar preparation and experience would do in similar circumstances

Answer 23

Standards of Care

Question 24

Refer to the nurse’s duty of care, that is, duty to render care, established by the presence of an expressed or implied contract

Example: An unconscious patient in brought into the ER; they expect care and YOU the health professional are EXPECTED to give care

Answer 24

Contractual Obligations

Question 25

The nurse’s contract with the patients is an ______ ______ | A nurse who is employed by a hospital works as an _______ of the hospital

Answer 25

- implied contract | - agent

Question 26

Implies that significant benefits and risks of any procedure, as well as alternative methods of treatment, have been explained Person has had time to ask questions and have these answered Person has agreed to the treatment voluntarily and is legally competent to give consent Communication is in a language known to the patient

Answer 26

Informed consent

Question 27

The individual’s non-verbal behavior indicates agreement

Answer 27

Implied consent

Question 28

an oral or written agreement.

Answer 28

expressed consent

Question 29

An act committed in violation of public (criminal) law and punishable by a fine and/or imprisonment.

Answer 29

Crimes

Question 30

A crime of a serious nature, such as murder, punishable by a term in prison In some areas, second-degree murder is called manslaughter A nurse who accidentally gives a lethal dose of a narcotic can be accused of manslaughter

Answer 30

FELONY

Question 31

An offense of a less serious nature and is usually punishable by a fine or short-term jail sentence, or both A nurse who slaps a patient's face could be charged with a _________

Answer 31

MISDEMEANOR

Question 32

TORTS

Answer 32

A civil wrong committed against a person or a person's property Usually litigated in court by civil action between individuals

Question 33

Tort liability almost always is based on fault There are two kinds of fault:

Answer 33

An unreasonable act of commission (something that was done incorrectly) Act of omission (something that should have been done was not done)

Question 34

2 unintentional torts are:

Answer 34

- malpractice | - negligence

Question 35

5 intentional torts:

Answer 35

- fraud - invasion of privacy - libel and slander - assault and battery - false imprisonment

Question 36

"Omission to do something that a reasonable person, guided by those ordinary considerations which ordinarily regulate human affairs would do, or doing something which a reasonable and prudent person would not do".

Answer 36

Negligence

Question 37

part of the law of negligence as applied to the professional person

Answer 37

Malpractice

Question 38

Any professional misconduct, unreasonable lack of skill, or lack of fidelity in professional duties Accidentally giving wrong medication Forgetting to give correct medication Instilling wrong strength of eye drops into the patient's eyes Proof of intent to do harm is not required in acts of commission or omission

Answer 38

Malpractice

Question 39

``` Sponge counts Burns Falls Failure to observe and take appropriate action Wrong medicine Mistaken identity Failure to communicate Loss of or damage to patient's property ```

Answer 39

Example of negligence

Question 40

Refers to the negligent acts of persons engaged in professions or occupations in which highly technical or professional skills are employed

Answer 40

Malpractice

Question 41

6 elements must be present for malpractice to be proved

Answer 41

Duty - The nurse must have (or should have had) a relationship with the client that involves providing care and following an acceptable standard of care Breach of duty Foreseeability - a link between the nurse’s act and the injury suffered Causation - The harm occurred as a direct result of the nurse’s failure to follow the standard of care Harm or injury Damage

Question 42

Categories of negligence that result in malpractice

Answer 42

``` Failure to follow standards of care Failure to use equipment in a responsible manner Failure to communicate Failure to document Failure to assess and monitor Failure to act as a patient advocate ```

Question 43

``` Fraud Assault and Battery False imprisonment Invasion of privacy Defamation: Libel and slander ```

Answer 43

Intentional Tort

Question 44

Physical harm through willful touching of person or clothing, without consent Implications for nursing: Need to obtain consent to treat, with special provisions when patients are underage, unconscious, or mentally ill

Answer 44

Battery

Question 45

The attempt to touch another or the threat to do so and person fears and believes harm will result

Answer 45

Assault

Question 46

Communication that is false, or made with a careless disregard for the truth, and results in injury to the reputation of a person

Answer 46

Defamation

Question 47

Libel and slander: Wrongful action of communication that damages person's reputation by print, writing, or pictures (libel), or by spoken word using false words (slander)

Answer 47

Defamation

Question 48

Incompetence or gross negligence Conviction for practicing without a license Falsification of client records Illegally obtaining, using, or possessing controlled substances Having a personal relationship EXAMPLE OF ....

Answer 48

Unprofessional Conduct