Legal Considerations Flashcards
Established through executive branch of government
Administrative Law
Example of administrative law
Regulation of nursing profession by state boards
Prosecuted through the civil court system, however can be a criminal offense
Tort law
Example of tort law
Lawsuits brought against nurses by patients
Originates from federal and state constituents
Constitutional law
Example of constitutional law
Bill of rights
Established from legislative branch of government
Federal and state health care statutory law
Example of federal and state health care statutory law
HIPAA
Guidance for nurses on issues such as licensure requirements, scope, and penalties
Nurse practice acts
An intentional act that results in feeling of fear or apprehension
Assault
Touching a person in an unauthorized way
Battery
A specific type of negligence is which the harmful behavior or lack of results in death
Wrongful death
4 elements must be met to determine malpractice
Damages, duties, causation, breach of duty
Did the nurse violate responsibility to the patient?
Fall below standards of care?
Breach of duty
__ __ __ is the basis behind a tort lawsuit
Standard of care
“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.”
Standard of care
EMTACA or anti-dumping law
Prohibits refusal of uninsured patients in an ED
Hospital acquired conditions seen as easily preventable with appropriate care
Never events
5 examples of never events
Retained object after surgery Air embolism Stage 3 or 4 pressure ulcer Blood transfusion error Falls
5 more never event examples
Poor glycemic control CAUTI Vascular catheter infection Surgical site infection DVT or pulmonary embolism
4 documents every RN should own are…
Copy of state NPA
Nursing’s Social Policy Statement
Nursing Scope and Standard of Practice
Code of Ethics for Nurses
Giving someone the authority to perform an action on one’s behalf
Delegation
5 rights of delegation
Right person Right circumstance Right task Right supervision Right direction/communication
2 things not to do concerning incident reports
Do not document in patient’s medical record and do not make a personal copy
What is a nurses best defense in a malpractice case?
Accurate and timely documentation of patient care
2 criteria for informed consent to be legally valid
Patient must accept voluntarily and have alternative choices
Patient must be mentally competent to give consent
Legally competent patient making an informed and voluntary choice to have a medically assisted death
Euthanasia
Medically assisted death in which HCP supplies patient with means to end their life, but doesn’t perform the actions
Assisted suicide
A lethal injection is administered
Active euthanasia
Medical support is withdrawn
Passive euthanasia
Patient unable to give consent but act can be justified on moral grounds (suffering)
Nonvoluntary euthanasia
Patient gives consent
Voluntary euthanasia
Allows HCP to prescribe life ending medication to mentally competent patient with less than 6 months to live
Death with dignity statutes
4 issues that must be addressed when a patient is refusing care
Mental competency
Understanding of risks and benefits
Involving family or friends
Documenting everything done before care is refused
