Legal Aspects Flashcards
Battery
Any intentional touching without consent
Assault
Any intentional threat to bring about harmful or offensive contact
Civil law
Protect the rights of individual persons within our society and encourage fair and equitable treatment
Common law
Judicial decisions made in courts when individual legal cases are decided
Crime
An act that is punishable by law
Criminal law
Prevent harm to society and provide punishment for crimes
Defendant
In a malpractice case the nurse is the defendant
Defamation of character
Publication of flaw statements that result in damage to a persons reputation
False imprisonment
Occurs with unjustified restraint of a person without legal warrant. Occurs when a nurse restrains a patient in a confined area to keep the person from freedom
Felony
A crime of serious nature that has a penalty of imprisonment for greater than a year or even death
Fraud
Wrongful or criminal deception intended to result in financial or personal gain
Incident report
Provides a database for further investigation in an attempt to determine deviations from standards of care and corrective measures needed to prevent recurrence and to alt risk management to a potential claim situation
Informed consent
Persons agreement to allow something to happen based on disclosure of risks, benefits, and alternatives
Invasion of privacy
The release of a patients medical information to an unauthorized person
Liability
Quality or state being legally responsible to account for ones obligations and actions and to make financial restoration
Libel
The written defamation of character
Licensure
Permits people to offer special skills to the public, and it also provides legal guidelines for protection of the public. Able to suspends or revokes a license if a nurse violates provisions.
Living will
Represent written documents that direct treatment in accordance with patients wishes in the event of a terminal illness or condition; able to declare medical procedures he/she wants or doesn’t want
Malpractice
One type of negligence and often referred to as a professional negligence. Certain criteria are necessary to establish nursing malpractice.
1) the nurse (defendant) owed a duty to the plaintiff (patient)
2) the nurse did not carry out that duty
3) the patient was injured
4) the nurses failure to carry out the duty caused the injury
Misdemeanor
Less serious crime that has a penalty of a fine or imprisonment for less than a year
Negligence
Degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances.
Nursing Practice Acts
Describe and define legal boundaries of nursing practice within each state
Plaintiff
In a malpractice case it’s the patient
Slander
Occurs when one speaks falsely about another
Standard of care
Legal requirements for nursing practice that describes minimum acceptable nursing care. Standards reflect the knowledge and skill ordinarily possessed and used by nurses actively practicing in the profession.
Tort
A civil wrong made against a person or property. Classified as intentional, quasi-intentional, or unintentional
Statutory law
Of or related to laws enacted by a legislative branch of the government
American nurses association
Standards of care, evaluate quality of care that is given
American with disabilities act
Protects the rights of people with physical or mental disabilities; prohibits discrimination and ensures for persons with disabilities equal opportunities in employment
Emergency medical treatment and active labor act
When a patient comes to the hospital or emergency room department that appropriate medical screening occurs within the capacity of the hospital if a emergency is present the hospital is not to discharge or transfer the patient until he/she is in stable condition
Mental health parity act
Forbids health plans from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits
Advance directives
Including living wills, health care proxies, and durable power of attorney for health care. They are based on values of informed consent, patient autonomy over end-of-life decisions, truth telling and control over the during process
DPOA health care
Legal document that designates a person or persons of ones choosing to make healthcare decisions when patient can no longer make those decisions. This person has the best interest and same beliefs as the patient
Uniform anatomical gift act
Individual 18 or older has the right to make an organ donation
HIPPA
Provides rights to patients (protects individuals from losing their health insurance when changing jobs by providing portability) and protects employees. It also establishes the basis for privacy and confidentiality
Restraint laws
- ) only to ensure the physical safety of the resident or other residents
- ) when less restrictive interventions are not successful
- ) only in the written order of a health care provider
- ) Oder must be updated every day
- ) if use of restraints must check on patient every 30 minutes, release patient every 2 hours
Good Samaritan acts
Limits liability and offers legal immunity if a nurse helps at a scene of a accident
Provider of service
Safe, competent care (one wouldn’t die,) one knows what they are doing
Employee contractor for service
Responsibilities to institution and to the patient (contract is implied) and expected to hold good name of the employer
Citizen
Right of citizenship protects physical safety
Professional liability insurance
Contract between the nurse and the insurance company. Provides for a defense when a nurse is in a lawsuit involving professional negligence or medical malpractice
Student liability
Students are liable if their actions cause harm to patients. They are expected to perform as professional nurses would in providing safe patient care
Privacy
The right of patients to keep personal information from being disclosed
Physician-assisted suicide
Competent individual with a terminal disease could make an oral and written request for medication to end his or her life in a humane and dignified manner. If a nurse participates in an assisted suicide they are violating those of ethics for nurses.
The patient self determination act
Requires health care institutions to provide written info. To patients concerning their rights under state law to make decisions, including the right to refuse treatment and formulate advance directives.
Confidentiality
Protects private patient information once it has been disclosed in health care settings. Trust is sacred
Intentional tort
Willful acts that violate another’s rights such as assault, battery and false imprisonment
Quasi-Intentional torts
Intent is lacking but volitional action and direct causation occur such as in invasion of privacy and defamation of character
What are the nurses responsibility when he or she is floating to another unit?
They need to inform the supervisor of any lack of experience in caring for that type of patient in that unit; request and receive orientation to the unit
What is the nurses responsibility with physicians orders?
To transcribe written orders correctly, verify the complete order or the test results by reading the verbal orders back to the healthcare provider
