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Legal implications of nursing Flashcards

1
Q

Board of Nursing Complaint Process: Investigation to Resolution

A

Once a complaint is filed with a board of nursing, the boards have a complaint process that they follow from review to resolution.

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2
Q

The complaint

A

Received by the board of nursing

Include nursing practice etc.

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3
Q

Who can file a complaint?

A

Anyone, including the nurse themselves (self-report)

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4
Q

What other complaints can be filed?

A

Criminal or civil charges

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5
Q

Due process

A

Right to respond
Resolution process is fair
Right to attorney

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6
Q

If no violation is found

A

Complaint closed

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7
Q

complaint resolution

A

agreement negotiations

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8
Q

Informal hearing results

A

in writing, and whether or not it will be public

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9
Q

Administrative hearing

A

complaint resolution
Is disciplinary warranted? what kind?
decided by Board of Nursing

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10
Q

Board actions may include

A 
reprimand
letter of concern
fine
Recovery of costs
Alternative to discipline referral
situational
Practice limitation or restriction
Probation
suspension of license
Denial of licensure
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11
Q

reporting of complaint/discipline

A

newsletter
database
etc.

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12
Q

Definition of Law

A

Standard or rule of conduct established and enforced by government.
Designed to protect the rights of the public

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13
Q

Litigation

A

process of bringing and trying a lawsuit

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14
Q

Plaintiff/defendant

A

person bringing suit

person being accused of a crime
Presumed innocent until proven guilty

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15
Q

Public law

A

government is directly involved

Regulates relationships between individuals and government

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16
Q

Private law

A

civil law

Regulates relationships among people

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17
Q

Criminal law

A

concerns state and federal criminal statutes

Defines criminal actions (e.g., murder, theft)

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18
Q

Constitutions

A

serve as guides to legislative bodies

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19
Q

Statutory law

A

enacted by a legislative body- regulates the practice of nursing…

20
Q

Administrative law

A

empowered by executive

officers

21
Q

Common law

A

judiciary system reconciles controversies, creates body of common law

22
Q

Nurse practice

A

acts each state has its own nurse practice act that protects the public by defining the legal scope of practice.

23
Q

Standards

A

Can be voluntary or legal

24
Q

credentialing

A

ways in which professional competence is ensured and maintained
Accreditation
Licensure
Certification

25
T or F: The state nurse practice act is the most important law affecting nursing practice.
A. True The state nurse practice act is the most important law affecting nursing practice. Each nurse practice act protects the public by broadly defining the legal scope of nursing practice.
26
Reasons for suspending or revoking a license
Drug or alcohol abuse Fraud, deceptive practice Criminal acts, previous disciplinary actions Gross or ordinary negligence Physical or mental impairments including age
27
Nurse’s Best Defense of License Investigation
Early legal counseling Character and expert witnesses Thorough preparation for all proceedings
28
Crime
wrong against a person or his or her property as well as the public
29
Misdemeanor—
punishable by fines or less than 1 year imprisonment
30
Felony—
(murder/rape) punishable by imprisonment for more than 1 year
31
Tort
a wrong committed by a person against another person or his or her property; tried in civil court
32
Intentional tort
``` Assault battery Defamation of character Invasion of privacy False imprisonment Fraud ```
33
Assault/battery
Threat (assault) or act that is carried out
34
Defamation of character
derogatory comments that hurt another's reputation | Slander
35
Invasion of privacy
keeping items/ pt info confidential…Health Insurance Portability and Accountability Act (HIPPA)
36
False imprisonment
unjustified retention of another person without proper consent.
37
Fraud
the willful and purposeful misrepresentation that could cause loss or harm to a person or property
38
Unintentional tort
Negligence | Malpractice
39
Negligence
performing (or not performing) an act that a “reasonably prudent” nurse under similar circumstances would (or would not) do. “What would the reasonably prudent nurse do?”
40
Malpractice
negligence by professional personnel.
41
Four elements of liability
Duty Breach of Duty Causation Damage
42
3 outcomes of malpractice litigation
All parties work toward fair settlement. Case is presented to malpractice arbitration panel. Case is brought to trial court.
43
Roles of nurses in legal proceedings
defendant, fact witness, expert witness
44
Legal safeguards for nurses
``` Informed consent Contracts Collective bargaining Competent practice Patient education Executing physician orders Documentation Whistle-blowing Adequate staffing Professional liability insurance Risk management programs Incident reports, JCAHO sentinel events Never events Patient bill of rights Good Samaritan Laws ```
45
Info contained in incident reports
Complete name of person and names of witnesses Factual account of incident Date, time, and place of incident Pertinent characteristics of person involved Any equipment or resources being used Any other important variables Documentation by physician of medical examination of person involved
46
Safeguards to competent practice
Respecting legal boundaries of practice Following institutional procedures and policies Owning personal strengths and weaknesses Evaluating proposed assignments Keeping current Respecting patient rights and developing rapport with patients Keeping careful documentation Working within agency for management policies
47
What is the key to competent practice
Careful documentation

Nurs300 Exam 2 (4 decks)

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