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Fundamentals I > Legal Considerations > Flashcards

Legal Considerations Flashcards

1
Q

Established through executive branch of government

A

Administrative Law

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2
Q

Example of administrative law

A

Regulation of nursing profession by state boards

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3
Q

Prosecuted through the civil court system, however can be a criminal offense

A

Tort law

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4
Q

Example of tort law

A

Lawsuits brought against nurses by patients

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5
Q

Originates from federal and state constituents

A

Constitutional law

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6
Q

Example of constitutional law

A

Bill of rights

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7
Q

Established from legislative branch of government

A

Federal and state health care statutory law

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8
Q

Example of federal and state health care statutory law

A

HIPAA

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9
Q

Guidance for nurses on issues such as licensure requirements, scope, and penalties

A

Nurse practice acts

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10
Q

An intentional act that results in feeling of fear or apprehension

A

Assault

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11
Q

Touching a person in an unauthorized way

A

Battery

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12
Q

A specific type of negligence is which the harmful behavior or lack of results in death

A

Wrongful death

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13
Q

4 elements must be met to determine malpractice

A

Damages, duties, causation, breach of duty

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14
Q

Did the nurse violate responsibility to the patient?

Fall below standards of care?

A

Breach of duty

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15
Q

__ __ __ is the basis behind a tort lawsuit

A

Standard of care

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16
Q

“Set of guidelines based on various types of evidence as to what is reasonable and prudent for a healthcare professional in the same or similar circumstance.”

A

Standard of care

17
Q

EMTACA or anti-dumping law

A

Prohibits refusal of uninsured patients in an ED

18
Q

Hospital acquired conditions seen as easily preventable with appropriate care

A

Never events

19
Q

5 examples of never events

A 
Retained object after surgery
Air embolism 
Stage 3 or 4 pressure ulcer
Blood transfusion error
Falls
20
Q

5 more never event examples

A 
Poor glycemic control
CAUTI
Vascular catheter infection
Surgical site infection
DVT or pulmonary embolism
21
Q

4 documents every RN should own are…

A

Copy of state NPA
Nursing’s Social Policy Statement
Nursing Scope and Standard of Practice
Code of Ethics for Nurses

22
Q

Giving someone the authority to perform an action on one’s behalf

A

Delegation

23
Q

5 rights of delegation

A 
Right person
Right circumstance
Right task
Right supervision
Right direction/communication
24
Q

2 things not to do concerning incident reports

A

Do not document in patient’s medical record and do not make a personal copy

25
Q

What is a nurses best defense in a malpractice case?

A

Accurate and timely documentation of patient care

26
Q

2 criteria for informed consent to be legally valid

A

Patient must accept voluntarily and have alternative choices

Patient must be mentally competent to give consent

27
Q

Legally competent patient making an informed and voluntary choice to have a medically assisted death

A

Euthanasia

28
Q

Medically assisted death in which HCP supplies patient with means to end their life, but doesn’t perform the actions

A

Assisted suicide

29
Q

A lethal injection is administered

A

Active euthanasia

30
Q

Medical support is withdrawn

A

Passive euthanasia

31
Q

Patient unable to give consent but act can be justified on moral grounds (suffering)

A

Nonvoluntary euthanasia

32
Q

Patient gives consent

A

Voluntary euthanasia

33
Q

Allows HCP to prescribe life ending medication to mentally competent patient with less than 6 months to live

A

Death with dignity statutes

34
Q

4 issues that must be addressed when a patient is refusing care

A

Mental competency
Understanding of risks and benefits
Involving family or friends
Documenting everything done before care is refused

Fundamentals I (10 decks)

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