Legal Integrity Flashcards

1
Q

The nurse is legally responsible for the surgical count.
What type of law deals with injury to a person such as a retained object?

A

Tort law

A tort action law suit is filed when there
is injury to a person caused by another person. A retained object is tort claim.

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2
Q

The surgical patient is consented for a right breast biopsy. During the procedure the surgeon discovers the left breast tissue is worse and performs a left breast biopsy instead. This is an example of what?

A

Battery- touching someone without permission, does not imply harm

Except in emergencies, surgical procedures
should not be performed without documentation of the patient’s consent to the procedure (including side and site) in the medical record.

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3
Q

Forensic specimen handling

A

Place in paper bag or envelope
Do not use plastic bags due to condensation
Do not use metal instruments
Secure specimen until transfer to law enforcement

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4
Q

Critical thinking

A

Requires purposeful, outcomes-directed thought, and is driven by patient need 

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5
Q

When correcting a patient care entry in the electronic health record, the perioperative nurse should

A

Add a rationale for the correction 

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6
Q

Res ipsa loquitur (“the thing speaks for itself”)

A

A doctrine likely to be involved in cases involving retain surgical items to prove medical negligence

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7
Q

Allow natural death order

A

A specific directives written by a physician about end of life decisions

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8
Q

Informed consent

A

Understanding between surgeon and patient

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9
Q

Consent form

A

Documentation of understanding
Can be done by nurse after talking to Surgeon, and no questions from patient (done with order)

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10
Q

Pre-procedural verification

A

H&P and anesthesia assessment are complete
Blood, implants, and special equipment are available
Consent is accurate, signed and witnessed

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11
Q

Patient must be _____ in order for informed consent

A

Knowledgeable
Willing
Competent

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12
Q

Two witnesses sign consent if

A

Patient is unable to sign
Telephone consent

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13
Q

Exceptions to consent (implied consent)

A

Patient is unable to give consent and there is a threat to life, limb, function, or organ
Must have documentation of emergency in staff notes

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14
Q

ANA code of ethics for nurses

A

Nurse practices with compassion and respect for every person
Remain professional and civil

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15
Q

Ethical principles in nursing: Autonomy

A

Making decisions for self

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16
Q

Ethical principles in nursing: Beneficence

A

Contribute to well-being of another

17
Q

Ethical principles in nursing: Nonmaleficence

A

Do no harm

18
Q

Ethical principles in nursing: Justice

A

Fairness

19
Q

Ethical principles in nursing: Veracity

A

Truthfulness

20
Q

Ethical principles in nursing: Fidelity

A

Faithfulness to commitments

21
Q

Statutory law

A

Made by legislative branch
Example: nurse practice act in each state (what license covers in state)

22
Q

Common law

A

Derived from principles rather than rules and regulations

23
Q

Civil law

A

Based on rules and regulations, compensation

24
Q

Criminal law

A

Harmful to society
Example: practicing without a license

25
Q

Tort law

A

Civil wrong, allows compensation
Example: malpractice

26
Q

Negligence

A

Doing or not doing some thing a reasonable person would or would not do in similar situation
-Deviation from standard of care
-Can be ignorantly negligent

27
Q

Malpractice

A

Professional negligence
-Misconduct or lack of skill in carrying out job
-Implies intent

28
Q

Elements of malpractice

A

Four D’s
1. Duty of care
2. Dereliction of duty (did not provide care)
3. Direct causation
4. Damages

29
Q

Intentional torts

A

Violating patient’s rights
-No actual harm necessary
-Most common: assault, battery and false imprisonment 

30
Q

Intentional tort: Assault

A

Place person in fear of being touched

31
Q

Intentional tort: battery

A

Touch without permission

32
Q

Intentional tort: false imprisonment

A

Unjustified detention

33
Q

Quasi intentional torts

A

No intent to injure or cause stress to another person
Protect patient rights
-patient abandonment
-Defamation of character
-Invasion of privacy
-breach of confidentiality 

34
Q

Perioperative nursing data sets (PNDS)

A

Standardize vocabulary for perioperative nursing
Recognized by the ANA since 1990 

35
Q

DNR/AND (allow natural death)

A

AND includes palliative care always
End of life wishes
Not automatically suspended
Conversation between MD and patient to make a plan for surgery
Cannot be altered by a nurse