Legal

Question 1

1. Legal boundaries in each state
   a. Each state has a nurse practice act
   b. Differences in roles & responsibilities as nurses

Answer 1

Statutory law (nurse practice act)

Question 2

Criminal law involves

Answer 2

felonies & misdemeanors

Question 3

i. Inflicts harm on an individual, result in injury

Answer 3

felonies

Question 4

Example of felonies

Answer 4

misuse of uncontrolled substances, practicing without a license

Question 5

Does not inflict harm

Answer 5

misdemeanors

parking in a no parking zone

Question 6

Civil law involves

Answer 6

negligence & malpractice

Question 7

Protect the right of individuals & provide fair treatment

Answer 7

civil law

Question 8

administrative law

Answer 8

Regulatory Law

Question 9

Judicial decisions
Done case by case
usually involved with negligence & malpractice

Answer 9

Common law

Question 10

i. Legal guidelines for defining nursing practice

ii. Identifying the minimum acceptable nursing care

Answer 10

Standards of care

Question 11

Standards of care include

Answer 11

ANA
set by state & fed. laws
Joint commission requires Policies & procedures

Question 12

i. Consumer rights and protections
ii. Affordable health care coverage
iii. Increased access to care
iv. Stronger Medicare to improve care for those most vulnerable in our society

Answer 12

Patient Protection and Affordable Care Act (PPACA)

Question 13

represent written documents that direct treatment in accordance with the patient’s wishes in the event of terminal illness or condition.

Answer 13

Advanced directives, living wills

Question 14

C. State Statutory Issues in Nursing Practice

Answer 14

Licensure
Good Samaritan Laws
Public health laws

Question 15

Healthcare providers can use cardio-pulmonary function to determine if the person is brain dead

Answer 15

The Uniform Determination of Death Act

Question 16

Civil wrongdoing against a person or property

Answer 16

torts

Question 17

three things with torts

Answer 17

intentional, Quasi-intentional tort, Unintentional tort

Question 18

Intentional torts include 3 things

Answer 18

Assault
Battery
False Imprisonment

Question 19

1. The “threat”
2. Intentional threat towards another person that places the person in reasonable fear of harmful, imminent, or unwelcome contact

Answer 19

Assault

Question 20

1. Physical contact

2. Intentional offensive touching without consent or lawful justification

Answer 20

Battery

Question 21

1. Unjustified restraint without legal reasons

2. Nurses putting restrains a patient

Answer 21

False Imprisonment

Question 22

two parts of quasi-intentional torts

Answer 22

invasion of privacy

Defamation of character

Question 23

1. the publication of false statements that damage a person’s reputation

Answer 23

Defamation of character

Question 24

the said word, one speaks falsely about another

Answer 24

slander

Question 25

written, what is in print

Answer 25

libel | charting false entries in medical record

Question 26

You’re not operating in the standard of care, fall below standard of care

Answer 26

Negligence

Question 27

Two forms of unintentional torts

Answer 27

negligence, malpractice (type of negligence)

Question 28

When nursing care falls below a standard of care

Answer 28

malpractice results | court has to prove this

Question 29

4 criteria for malpractice

Answer 29

a. The nurse (defendant) owed a duty of care to patient (plaintiff) b. The nurse did not carry out or breached that duty c. Patient was injured d. Nurses failure to carry out the duty caused the injury

Question 30

Agreement to allow care based on full disclosure of risks, benefits, alternatives, and consequences of refusal

Answer 30

informed consent

Question 31

the nurses' signature as a witness to consent means:

Answer 31

1. patient voluntarily gave consent, the patient’s signature is authentic, and the patient appears to be competent to give consent

Question 32

I. Abandonment & Assignment Issues

Answer 32

short staffing floating health care providers orders

Question 33

steps involved with risk management

Answer 33

i. Identify possible risks ii. Analyze risks iii. Act to reduce risks iv. Evaluate steps taken

Question 34

i. Serves as a database for further investigation | ii. Alerts risk management to a potential claim situation

Answer 34

occurence reporting