Legal implications in nursing practice: 3 Questions

Question 1

What is constitutional law?

Answer 1

Federal/state constitutions

Question 2

Who passes statutory law?

Answer 2

congress/state legislatures

Question 3

What are two laws after statutory law?

Answer 3

-Criminal Law (felonies or misdemeanors)
-Civil Law (Nurse Practice Act)

Question 4

What law is under Administrative law?

Answer 4

Regulatory law

Question 5

What defines nursing and reflects the values of the nursing profession, standards of nursing care reflect
the knowledge and skill?

Answer 5

Scope and Standards of Nursing

Question 6

What a reasonably prudent nurse would do under similar
circumstances?

Answer 6

Standard of Proof

Question 7

What Act is when a patient presents to an emergency department, they must be treated.

Answer 7

Emergency Medical
Treatment and Active
Labor Act

Question 8

What Act establishes patient rights regarding privacy of their health care information and records?

Answer 8

Health Insurance Portability and Accountability Act (HIPAA)

Question 9

What Act was passed with HIPAA to address technology/social media, has patient confidentiality,
Electronic health records,
Social media?

Answer 9

Health Information Technology Act (HITECH)

Question 10

What Act requires health care institutions to provide written information to patients concerning their rights to make decisions about their care, including the right to refuse treatment and to formulate an advance directive?

Answer 10

Patient Self-Determination Act

Question 11

What Act is for older adults – patient rights, quality of life/care, living environment, restraints?

Answer 11

The Omnibus Budget Reconciliation Act (1987)

Question 12

What involves risks, benefits, alternatives, consequences of refusal and knows that he or she has the right to refuse the procedure/treatment?

Answer 12

explanation of the procedure or treatment

Question 13

What things require signed consent/patient understanding required?

Answer 13

Admission to healthcare agency, invasive procedures, surgery, blood transfusion, chemotherapy, research studies

Question 14

What law involves the Limit liability and offer legal immunity if a nurse helps at the scene of an accident, Must remain within scope of practice, and Must remain with patient until emergency services arrives/takes over care?

Answer 14

Good Samaritan Laws

Question 15

What law involves
-Intended to improve the health of people
-Reporting of communicable diseases
-Immunizations
-Reporting other health-related issues to protect public health
-Reporting of suspected abuse/neglect of a child, older adult, vulnerable adult?

Answer 15

Public Health Laws

Question 16

What act involves determining the actual death and has two standards?

Answer 16

Standard 1= Cardiopulmonary Death
Standard 2= Whole brain death

Question 17

What is the intentional threat. No actual contact required?

Answer 17

Assault

Question 18

What is the intentional offensive touching without consent/lawful jurisdiction?

Answer 18

Battery

Question 19

What is the restraining without legal reason?

Answer 19

False imprisonment

Question 20

What is the intentional torts?

Answer 20

Assault, Battery, False imprisonment

Question 21

What are the Quasi-intentional torts?

Answer 21

Invasion of Privacy
Defamation of Character
Slander
Libel

Question 22

What is the breach of confidentiality?

Answer 22

Invasion of privacy

Question 23

What is publicizing false statements that damage the reputation of another?

Answer 23

Defamation of character

Question 24

What is speaking falsely about another?

Answer 24

Slander

Question 25

What is written defamation of character?

Answer 25

Libel

Question 26

What are the Unintentional Torts?

Answer 26

Negligence
Malpractice

Question 27

What is the conduct falls below the generally accepted standard of care of a reasonably prudent person?

Answer 27

Negligence

Question 28

What is the negligence that involves a professional?

Answer 28

Malpractice