Legal

Question 1

Law in nursing differentiates?

Answer 1

The nurses responsibilities from those of other health professionals.

Question 2

Law in nursing helps establish?

Answer 2

The boundaries of independent nursing actions.

Question 3

Law in nursing assists in maintaining?

Answer 3

A standard of nursing practice by making nurses accountable under the law.

Question 4

Constitutional law?

Answer 4

• Supreme law of the country
• Establishes general organization of federal government
• Grants power to the government
• Places limits on what federal & state government may do

Question 5

T/F Federal law precedes over state law.

Answer 5

True

Question 6

Statutory law?

Answer 6

• Administrative law
• Protects the public
• Statute administrative agency creates rules and regulations to enforce law.
• State boards of nursing write rules to enforce nursing practice acts

Question 7

Nursing practice acts?

Answer 7

• Each state has one
• Protects public by legally defining and describing the scope of nursing practice
• Can differ state to state

Question 8

Licensing?

Answer 8

• Legal permit that a government agency grants to individuals to engage in the practice of a profession
• Mandatory in ALL states
• Professional criteria

Question 9

Criminal law?

Answer 9

• Act committed in violation of public law and punishable by a fine or imprisonment
• Felony, manslaughter, misdemeanor

Question 10

Tort (civil) law?

Answer 10

• Committed against a person or a person’s property
• Litigated in court
• Something done incorrectly
• Something that was omitted
• Intentional
• Unintentional

Question 11

Negligence

Answer 11

Misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person

Question 12

Malpractice?

Answer 12

Professional negligence, occurred while working. 6 elements must be present to prove

Question 13

6 elements of malpractice?

Answer 13

Duty
Breach of duty 
Foreseeable 
Causation 
Harm or injury
Damages

Question 14

Duty?

Answer 14

The nurse must have a professional relationship with the client that involves providing care and following an acceptable standard of care

Question 15

Breach of duty?

Answer 15

Standard of care that is expected in the specific situation but that the nurse did not observe

Question 16

Foreseeability?

Answer 16

A link must exist between the nurse act and the injury suffered

Question 17

Causation?

Answer 17

Must be proven that the harm occurred as a direct result of the nurses failure to follow the standard of care

Question 18

Harm or injury?

Answer 18

The client must demonstrate some type of harm or injury

Question 19

Damages?

Answer 19

Nurse is held liable for damages that may be compensated

Question 20

Assault and battery?

Answer 20

Intentional tort

Question 21

Assault?

Answer 21

Described as an attempt or threat to touch another person unjustifiably

Question 22

Battery?

Answer 22

The willful touching of s person that may or may not cause them harm

No consent is present

Question 23

Informed consent?

Answer 23

• Consent is ALWAYS required prior to procedures being performed
• Client has to be able to give consent

Question 24

Law in nursing provides?

Answer 24

Framework for establishing which nursing actions in the care of clients are legal.

Question 25

False imprisonment?

Answer 25

Unjustifiable detention of a person without legal warrant to confine the person

Question 26

Forceful restraint or threat of restraint is?

Answer 26

Battery

Question 27

Confidentiality?

Answer 27

• The right to privacy is the right of individuals to withhold themselves and their lives from public scrutiny
• Invasion of privacy
• Most valued HIPAA

Question 28

HIPAA?

Answer 28

• First nationwide legislation to ensure privacy of healthcare information
• PRIVACY

Question 29

Areas of HIPAA?

Answer 29

4 areas:

Electronic transfer of information
Standardized numbers
Security rule
Privacy rule