Legal implications in nursing practice: 3 Questions Flashcards
What is constitutional law?
Federal/state constitutions
Who passes statutory law?
congress/state legislatures
What are two laws after statutory law?
-Criminal Law (felonies or misdemeanors)
-Civil Law (Nurse Practice Act)
What law is under Administrative law?
Regulatory law
What defines nursing and reflects the values of the nursing profession, standards of nursing care reflect
the knowledge and skill?
Scope and Standards of Nursing
What a reasonably prudent nurse would do under similar
circumstances?
Standard of Proof
What Act is when a patient presents to an emergency department, they must be treated.
Emergency Medical
Treatment and Active
Labor Act
What Act establishes patient rights regarding privacy of their health care information and records?
Health Insurance Portability and Accountability Act (HIPAA)
What Act was passed with HIPAA to address technology/social media, has patient confidentiality,
Electronic health records,
Social media?
Health Information Technology Act (HITECH)
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?
Patient Self-Determination Act
What Act is for older adults – patient rights, quality of life/care, living environment, restraints?
The Omnibus Budget Reconciliation Act (1987)
What involves risks, benefits, alternatives, consequences of refusal and knows that he or she has the right to refuse the procedure/treatment?
explanation of the procedure or treatment
What things require signed consent/patient understanding required?
Admission to healthcare agency, invasive procedures, surgery, blood transfusion, chemotherapy, research studies
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?
Good Samaritan Laws
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?
Public Health Laws
What act involves determining the actual death and has two standards?
Standard 1= Cardiopulmonary Death
Standard 2= Whole brain death
What is the intentional threat. No actual contact required?
Assault
What is the intentional offensive touching without consent/lawful jurisdiction?
Battery
What is the restraining without legal reason?
False imprisonment
What is the intentional torts?
Assault, Battery, False imprisonment
What are the Quasi-intentional torts?
Invasion of Privacy
Defamation of Character
Slander
Libel
What is the breach of confidentiality?
Invasion of privacy
What is publicizing false statements that damage the reputation of another?
Defamation of character
What is speaking falsely about another?
Slander
What is written defamation of character?
Libel
What are the Unintentional Torts?
Negligence
Malpractice
What is the conduct falls below the generally accepted standard of care of a reasonably prudent person?
Negligence
What is the negligence that involves a professional?
Malpractice
