Legal

Question 1

What is the purpose of laws in healthcare

Answer 1

Protection for the patient and the nurse

- big emphasis on protecting pt from us tho

Question 2

highest law in the US

Answer 2

constitution

Question 3

statutes

Answer 3

statutory law that is passed by legislators and must be signed by president/govenror

Question 4

administrative agencies

Answer 4

executive branches that establish rules

Question 5

court decisions

Answer 5

tort laws; where court interprets the statutes that set the standard

Question 6

criminal law burden

Answer 6

beyond a reasonable doubt ; incarceration, probation, fines

Question 7

civil law burden

Answer 7

preponderance of evidence ; monetary damaged

Question 8

administrative burden

Answer 8

clear and convincing standard

; suspension or loss of licenses

Question 9

statute governing nurses in their states

Answer 9

nurse practice act

Question 10

agency designated to apply nursing laws to indiviudalsq

Answer 10

board of nursing

Question 11

T/F

all states have the same nursing practice act

Answer 11

false - it is different per state

Question 12

describe legal accountability trend for nurses

Answer 12

with the more independence + pay, there is increased legal accountability for us.

Question 13

how has nursing grown

Answer 13

we now do things that were once considered to be medical practices only (not nursing)

Question 14

malpractice insurance dilemma

Answer 14

if you have malpractice insurance, there’s a good chance you’re getting sued

Question 15

negligence

Answer 15

omission to do something that. a reasonable person would do

Question 16

malpractice

Answer 16

when the professional acts irresponsible and prudent in their practice
(professional version of negligence)

Question 17

5 standards for malpractice/professional negligence.to occur

Answer 17

1. standard of care is in place
2. failure to meet standards
3. foreseeability of harm must exist
4. proven correlation
5. actual in jury must occur

Question 18

can a patient sue a doctor because they got herpes after having surgery

Answer 18

no - theres no proven correlation

Question 19

can a patient sue a nurse if the nurse decided to not read the bracelet before passing meds

Answer 19

yes - they knew it was a risk and they took it but there must have been a bad outcome

Question 20

can a patient sue you if you forgot to put then bed rails up but they were fine

Answer 20

no- no actual injury occured

Question 21

t/f

it is the nurses duty to upgrade their skills as times change

Answer 21

true

Question 22

what can nurses model their practice after?

Answer 22

hospital facility protocols and evidence based practice

Question 23

do you include incident reports in the patients chart

Answer 23

nooooo - these are confidential communications .

Question 24

records of unusual or unexpected incidents are what

Answer 24

incidence report

Question 25

What is a tort

Answer 25

Denial of a persons legal rights due to a failure to comply with our duty and that harms another patient

Question 26

Intentional torts

Answer 26

assault or battery false imprisonment invasion of privacy defamation of character (slander vs libel)

Question 27

assault

Answer 27

threat of harm

Question 28

battery

Answer 28

actual harm done ; more than the threat

Question 29

false imprisonment

Answer 29

restraining someone against the need to

Question 30

invasion of privacy

Answer 30

not pulling curtain, breaching confidentiality,

Question 31

slander

Answer 31

spoken defamation

Question 32

libel

Answer 32

written defamation

Question 33

how does the board protect patients from nurses

Answer 33

RN licensing Educational standards Continuing education Disciplinging nurses

Question 34

Informed consent criteria

Answer 34

1. procedure is being performed 2. risks 3. desired outcome 4. expected complications or side effects that may occur as ar result of treatment 5. alternatives

Question 35

nurses role in informed consent?

Answer 35

witness & make sure to assess whether you think your patient understands what they were told (if they dont, you call the doctor to come explain again)

Question 36

who can give consernt

Answer 36

``` competent adult legal guardian , DPOA Emancipated/married minor mature minor parent court order ```

Question 37

patient medical record

Answer 37

hospital made it but patient owns info; patient gets reasonable access to it - make sure doctor is there

Question 38

patient self determinationact

Answer 38

gave patient right to self determine

Question 39

emtala

Answer 39

prevents hospitals form dumping patient if they don't want to take care of them - labor