Legal Implications of Nursing Flashcards
definition of the PATIENT PROTECTION & AFFORDABLE CARE ACT
- allows for CONSUMER RIGHTS & PROTECTIONS
- ensures that QUALITY OF CARE IS MET for PATIENT NEEDS
- ensures AFFORDABLE HEALTH COVERAGE
what is the EMERGENCY MEDICAL TREATMENT & ACTIVE LABOR ACT?
act that ensures that when a patient is within an EMERGENCY DEPARTMENT, they must BE TREATED
HIPPAA
stands for the HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
- important for PATIENT RIGHT OF PRIVACY regarding their personal health care info and records !
defintiion of AMERICANS WITH DISABILITIES ACT
helps to PROTECT THE RIGHTS of people with physical or mental disabilities
definition of the MENTAL HEALTH PARITY & ADDICTION EQUITY ACT
requires that HEALTH INSURANCE COMPANIES provide coverage for MENTAL HEALTH & SUBSTANCE USE DISORDERS treatment
patient self-determination act
requires that HC insitutions give WRITTEN INFO to their patients about the HEALTHCARE RIGHTS/ADVANCED DIRECTIVE/RIGHT TO REFUSE TREATMENT
omnibus budget reconciliation act
- provides coverage for older adults
“ established that nursing home residents have the right to be free from physical or chemical restraints that are not required to treat medical symptoms. The act also included guidelines for when restraints can be used, such as: They are documented, They are time limited, and They are frequently re-evaluated”
nurse practice act?
specific STATE LAWS that protected citizens
- held nurses ACCOUNTABLE
- ensures NURSES HAVE PROPER LICENSURE & always working under SCOPE OF PRACTICE
what must be done for INFORMED CONSENT?
- proper EXPLANATION of what is to be done; procedure/treatment
- WHO is PERFORMING AND ASSISTING SAID ACTION
- the CONSEQUENCES OF THE PROCEDURE
- the AWARENESS OF THE RIGHT TO REFUSE
definition of GOOD SAMARITAN LAWS
limits any LIABILITY and gives LEGAL IMMUNITY if a nurse helps at an accident
what are our INTENTIONAL TORTS?
- ASSAULT
- BATTERY
- FALSE IMPRISONMENT
definition of QUASI-INTENTIONAL TORTS
acts that where a person MAY NOT INTEND to cause harm to the other person, but still causes harm
what are our QUASI-INTENTIONAL TORTS?
- DEFAMATION OF CHARACTER
- SLANDER (false oral statements about other person–often trying to defame reputation)
- LIBEL (the PUBLISHING of false statements that harms reputation)
what are our UNINTENTIONAL TORTS?
- NEGLIGENCE (failure to give proper care)
- MALPRACTICE (being reckless in actions)
what are some NURSING WORKFORCE ISSUES?
- NURSING STUDENTS
- STAFFINGS/RATIOS
- NURSING ASSIGNMENTS
- PATIENT ABANDONMENT
- NURSE DELEGATION
