Legal

Question 0

What sets our “standard of care”?

Answer 0

ANA Code of Ethics, Policies + Procedures, EBP

Question 1

What is the goal of the NPA?

Answer 1

Guide care Nurses provide.

Question 2

What does the CMS ensure?

Answer 2

Nurses provide the same Standard of Care in all settings that receive Federal funds (medicare, medicaid).

Question 3

ANA Code of Ethics - obligation to report

Answer 3

Questionable practices (incompetant, illegal, unethical)
Impaired Practice

Question 4

List 3 mandatory reporting incidents.

Answer 4

1. infant/child abuse
2. dependent elder abuse
3. specified communicable diseases

Question 5

Name the chain of command.

Answer 5

Charge nurse -> Nurse Manager -> Nurse Supervisor -> Director of Nursing

Question 6

What is ‘whistleblowing’?

Answer 6

An effort by a member of an organization to deliver a warning TO THE PUBLIC concerning a serious wrongdoing or danger created or masked by the organization.

Question 7

What should be done prior to whistleblowing?

Answer 7

Work thru COC and internal process.

Question 8

What are 4 questionable practices?

Answer 8

1. Endangering a pt safety or health
2. misallocation of resources
3. abusing authority
4. violating rules, laws, regulations, code of ethics

Question 9

What are 5 items to promote an Ethical Org. Culture?

Answer 9

1. develop code of conduct
2. develop an ethics committee to create infrastructure
3. ongoing educational forums on ethical issues
4. “Get aggressive about Passivity”
5. Establish clear, published procedure for employees to follow if present practice is not in line with organizational values/principles

Question 10

Purpose of Risk management is to track (1)___________, assist in the development of (2)__________, provide knowledge about (3)______ and ________laws, (4)__________laws, and (5)___________ case law.

Answer 10

1. incidents and acidents
2. policies and procedures
3. federal, state
4. licensing
5. healthcare

Question 11

What is our duty to report to Risk Management, as a nurse?

Answer 11

Adverse events
Near Misses
Sentinel events

Question 12

4 Steps involved in Risk Management

Answer 12

1. Identify possible risks
2. Analyze risks
3. Act to reduce risks
4. Evaluate steps taken

Question 13

Steps for incident reporting:

Answer 13

1. Discovery- any person may report actual or potential risk
2. Notification- RM w/in 24 hours
3. Investigation-RM or rep investigates immediately
4. Consultation: RM consults w/RM Team to get more info
5. Action: RM clarifies any misinformation with the family
6. Recording: RM verifies all records, incident reports, follow up and actions taken are filed in a central repository

Question 14

10 components of RM Program

Answer 14

Identifies risks
Reviews current systems
Analyzes freq/severity/causes of incidents
reviews safety/risk of pt care procedures
monitors laws r/t pt safety, consent and care
eliminates risk when possible
reviews work of other commitees
identifies needs for pt, family personnel education
evaluates results of RM program
provides reports to admin, staff , board

Question 15

What are the elements to prove malpractice?

Answer 15

1. Nurse owed special duty of care
2. Nurse breached duty
3. Pt suffered ACTUAL harm or damage
4. Proximate cause has been established between standard of care provided and the patients injury

Question 16

Why do families/pt sue?

Answer 16

1. Answers
2. Compensation
3. Prevent others from harm
4. Accountability

Question 17

What is the personal liability of a Nurse?

Answer 17

personal liability requires the RN to assume responsibility for Pt harm or injury as a result of neglect

Question 18

What is employer (vicarious) liability?

Answer 18

employer may be liable for negligent conduct of nurses within the scope of their employment (respondeat superior)

Question 19

What is Corporate liability?

Answer 19

HC corp may be help to a specific standard of care.

example - failure to have adequate staff, problems with education, training and orientation

Question 20

Good Samaritan Law

Answer 20

gives legal protection to ppl with a HC license, who provide emergence care to ill or injured person, and act as reasonable and prudent person would under same conditions.

no compensation