Legal Aspects

Question 0

Battery

Answer 0

Any intentional touching without consent

Question 1

Assault

Answer 1

Any intentional threat to bring about harmful or offensive contact

Question 2

Civil law

Answer 2

Protect the rights of individual persons within our society and encourage fair and equitable treatment

Question 3

Common law

Answer 3

Judicial decisions made in courts when individual legal cases are decided

Question 4

Crime

Answer 4

An act that is punishable by law

Question 5

Criminal law

Answer 5

Prevent harm to society and provide punishment for crimes

Question 6

Defendant

Answer 6

In a malpractice case the nurse is the defendant

Question 7

Defamation of character

Answer 7

Publication of flaw statements that result in damage to a persons reputation

Question 8

False imprisonment

Answer 8

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

Question 9

Felony

Answer 9

A crime of serious nature that has a penalty of imprisonment for greater than a year or even death

Question 10

Fraud

Answer 10

Wrongful or criminal deception intended to result in financial or personal gain

Question 11

Incident report

Answer 11

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

Question 12

Informed consent

Answer 12

Persons agreement to allow something to happen based on disclosure of risks, benefits, and alternatives

Question 13

Invasion of privacy

Answer 13

The release of a patients medical information to an unauthorized person

Question 14

Liability

Answer 14

Quality or state being legally responsible to account for ones obligations and actions and to make financial restoration

Question 15

Libel

Answer 15

The written defamation of character

Question 16

Licensure

Answer 16

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.

Question 17

Living will

Answer 17

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

Question 18

Malpractice

Answer 18

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

Question 19

Misdemeanor

Answer 19

Less serious crime that has a penalty of a fine or imprisonment for less than a year

Question 20

Negligence

Answer 20

Degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances.

Question 21

Nursing Practice Acts

Answer 21

Describe and define legal boundaries of nursing practice within each state

Question 22

Plaintiff

Answer 22

In a malpractice case it’s the patient

Question 23

Slander

Answer 23

Occurs when one speaks falsely about another

Question 24

Standard of care

Answer 24

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.

Question 25

Tort

Answer 25

A civil wrong made against a person or property. Classified as intentional, quasi-intentional, or unintentional

Question 26

Statutory law

Answer 26

Of or related to laws enacted by a legislative branch of the government

Question 27

American nurses association

Answer 27

Standards of care, evaluate quality of care that is given

Question 28

American with disabilities act

Answer 28

Protects the rights of people with physical or mental disabilities; prohibits discrimination and ensures for persons with disabilities equal opportunities in employment

Question 29

Emergency medical treatment and active labor act

Answer 29

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

Question 30

Mental health parity act

Answer 30

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

Question 31

Advance directives

Answer 31

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

Question 32

DPOA health care

Answer 32

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

Question 33

Uniform anatomical gift act

Answer 33

Individual 18 or older has the right to make an organ donation

Question 34

HIPPA

Answer 34

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

Question 35

Restraint laws

Answer 35

1. ) only to ensure the physical safety of the resident or other residents
2. ) when less restrictive interventions are not successful
3. ) only in the written order of a health care provider
4. ) Oder must be updated every day
5. ) if use of restraints must check on patient every 30 minutes, release patient every 2 hours

Question 36

Good Samaritan acts

Answer 36

Limits liability and offers legal immunity if a nurse helps at a scene of a accident

Question 37

Provider of service

Answer 37

Safe, competent care (one wouldn’t die,) one knows what they are doing

Question 38

Employee contractor for service

Answer 38

Responsibilities to institution and to the patient (contract is implied) and expected to hold good name of the employer

Question 39

Citizen

Answer 39

Right of citizenship protects physical safety

Question 40

Professional liability insurance

Answer 40

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

Question 41

Student liability

Answer 41

Students are liable if their actions cause harm to patients. They are expected to perform as professional nurses would in providing safe patient care

Question 42

Privacy

Answer 42

The right of patients to keep personal information from being disclosed

Question 43

Physician-assisted suicide

Answer 43

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.

Question 44

The patient self determination act

Answer 44

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.

Question 45

Confidentiality

Answer 45

Protects private patient information once it has been disclosed in health care settings. Trust is sacred

Question 46

Intentional tort

Answer 46

Willful acts that violate another’s rights such as assault, battery and false imprisonment

Question 47

Quasi-Intentional torts

Answer 47

Intent is lacking but volitional action and direct causation occur such as in invasion of privacy and defamation of character

Question 48

What are the nurses responsibility when he or she is floating to another unit?

Answer 48

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

Question 49

What is the nurses responsibility with physicians orders?

Answer 49

To transcribe written orders correctly, verify the complete order or the test results by reading the verbal orders back to the healthcare provider