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Nurs300 Exam 2 > Legal implications of nursing > Flashcards

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
Q

T or F: The state nurse practice act is the most important law affecting nursing practice.

A

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
Q

Reasons for suspending or revoking a license

A

Drug or alcohol abuse
Fraud, deceptive practice
Criminal acts, previous disciplinary actions
Gross or ordinary negligence
Physical or mental impairments including age

27
Q

Nurse’s Best Defense of License Investigation

A

Early legal counseling
Character and expert witnesses
Thorough preparation for all proceedings

28
Q

Crime

A

wrong against a person or his or her property as well as the public

29
Q

Misdemeanor—

A

punishable by fines or less than 1 year imprisonment

30
Q

Felony—

A

(murder/rape) punishable by imprisonment for more than 1 year

31
Q

Tort

A

a wrong committed by a person against another person or his or her property; tried in civil court

32
Q

Intentional tort

A 
Assault
battery
Defamation of character
Invasion of privacy
False imprisonment
Fraud
33
Q

Assault/battery

A

Threat (assault) or act that is carried out

34
Q

Defamation of character

A

derogatory comments that hurt another’s reputation

Slander

35
Q

Invasion of privacy

A

keeping items/ pt info confidential…Health Insurance Portability and Accountability Act (HIPPA)

36
Q

False imprisonment

A

unjustified retention of another person without proper consent.

37
Q

Fraud

A

the willful and purposeful misrepresentation that could cause loss or harm to a person or property

38
Q

Unintentional tort

A

Negligence

Malpractice

39
Q

Negligence

A

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
Q

Malpractice

A

negligence by professional personnel.

41
Q

Four elements of liability

A

Duty
Breach of Duty
Causation
Damage

42
Q

3 outcomes of malpractice litigation

A

All parties work toward fair settlement.
Case is presented to malpractice arbitration panel.
Case is brought to trial court.

43
Q

Roles of nurses in legal proceedings

A

defendant, fact witness, expert witness

44
Q

Legal safeguards for nurses

A 
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
Q

Info contained in incident reports

A

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
Q

Safeguards to competent practice

A

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
Q

What is the key to competent practice

A

Careful documentation

Nurs300 Exam 2 (4 decks)

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