Legal Flashcards

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

Statutory law (nurse practice act)

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2
Q

Criminal law involves

A

felonies & misdemeanors

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3
Q

i. Inflicts harm on an individual, result in injury

A

felonies

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4
Q

Example of felonies

A

misuse of uncontrolled substances, practicing without a license

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5
Q

Does not inflict harm

A

misdemeanors

parking in a no parking zone

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6
Q

Civil law involves

A

negligence & malpractice

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7
Q

Protect the right of individuals & provide fair treatment

A

civil law

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8
Q

administrative law

A

Regulatory Law

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9
Q

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

A

Common law

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10
Q

i. Legal guidelines for defining nursing practice

ii. Identifying the minimum acceptable nursing care

A

Standards of care

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11
Q

Standards of care include

A

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

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12
Q

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

A

Patient Protection and Affordable Care Act (PPACA)

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13
Q

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

A

Advanced directives, living wills

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14
Q

C. State Statutory Issues in Nursing Practice

A

Licensure
Good Samaritan Laws
Public health laws

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15
Q

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

A

The Uniform Determination of Death Act

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16
Q

Civil wrongdoing against a person or property

A

torts

17
Q

three things with torts

A

intentional, Quasi-intentional tort, Unintentional tort

18
Q

Intentional torts include 3 things

A

Assault
Battery
False Imprisonment

19
Q
  1. The “threat”
  2. Intentional threat towards another person that places the person in reasonable fear of harmful, imminent, or unwelcome contact
A

Assault

20
Q
  1. Physical contact

2. Intentional offensive touching without consent or lawful justification

A

Battery

21
Q
  1. Unjustified restraint without legal reasons

2. Nurses putting restrains a patient

A

False Imprisonment

22
Q

two parts of quasi-intentional torts

A

invasion of privacy

Defamation of character

23
Q
  1. the publication of false statements that damage a person’s reputation
A

Defamation of character

24
Q

the said word, one speaks falsely about another

A

slander

25
Q

written, what is in print

A

libel

charting false entries in medical record

26
Q

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

A

Negligence

27
Q

Two forms of unintentional torts

A

negligence, malpractice (type of negligence)

28
Q

When nursing care falls below a standard of care

A

malpractice results

court has to prove this

29
Q

4 criteria for malpractice

A

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

30
Q

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

A

informed consent

31
Q

the nurses’ signature as a witness to consent means:

A
  1. patient voluntarily gave consent, the patient’s signature is authentic, and the patient appears to be competent to give consent
32
Q

I. Abandonment & Assignment Issues

A

short staffing
floating
health care providers orders

33
Q

steps involved with risk management

A

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

34
Q

i. Serves as a database for further investigation

ii. Alerts risk management to a potential claim situation

A

occurence reporting