legal aspects of nursing

Question 1

what happens when a nurse does not practice safely?

Answer 1

criminal vs. civil liability
negligence
malpractice

Question 2

What’s civil law?

Answer 2

individuals seek compensation for damages

Question 3

What’s criminal law?

Answer 3

usually involves loss of freedom or imprisonment

Question 4

What’s negligence?

Answer 4

failure to take proper care of patient

Question 5

What’s liability?

Answer 5

legal responsibility for your professional behavior. The performance must be prudent in comparison to what another similar professional would do.

Question 6

What’s malpractice?

Answer 6

Negligence in carrying out professional services by person’s licensed to perform these services.

Question 7

Negligence common to nursing

Answer 7

1. ) failure to follow standards of care
2. ) “ “ use ewuipment correctly
3. ) failure to communicate
4. ) failure to document
5. ) failure to assess/monitor
6. ) failure to act as a patient advocate

Question 8

4 elements of malpractice

Answer 8

1.) duty to your patient
2.) breach of duty
3.) injury to your patient
4.) causal relationship b/w breach of duty and patient’s injury
ALL MUST BE PRESENT TO PROVE MALPRACTICE

Question 9

Causes of revocation of nursing license after a due process hearing

Answer 9

fraud, deceptive practices, criminal acts, previous disciplinary acts, gross or ordinary negligence, physical or mental impairment

Question 10

What’s delegation for nursing care?

Answer 10

Responsibility for knowing qualifications and abilities of person you are delegating to. Responsible for any activities delegated. Delegation may be rescinded (cancelled/appealed)

Question 11

confidentiality with legal and ethical obligations

Answer 11

nurses not usually covered under privileged communication statutes.
Duty to report: child abuse, elder abuse, safety concerns

Question 12

What does HIPAA stand for?

Answer 12

Health Insurance Portability and Accountability Act

• deals with medical records accessibility
• deals with increased attention to confidentiality
• deals with financial and legal penalties

Question 13

What is the patient self determination act?

Answer 13

• Advanced directives
• living will: illinois living will act
• durable power of attorney: power of attorney for health care

Question 14

Risk management tactics recommended by the joint commission to reduce incident reports (safety reports).

Answer 14

example: handoffs
- no longer use many abbreviations
- medication management
- national safety goals

Question 15

What does litigation mean?

Answer 15

• the process of taking legal action
• usually only if harm results
• doctrine of “respondent superior” (employer, supervisor also responsible)

Question 16

What are good samaritan laws?

Answer 16

• provide a shield from tort liability for injury or damages that may occur when voluntarily providing assistance in emergency situations.
• good samaritan act: no fee involved absent of gross negligence

Question 17

How to prevent malpractice?

Answer 17

Practice in a safe setting

Communicate with other healthcare professionals, patients, and family (do you need permission?)

Delegate wisely

Meet or exceed standards of care

Professional liability insurance
respondeat superior

Promote positive interpersonal relationships