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Nursing Management > Legal Issues > Flashcards

Legal Issues Flashcards

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1
Q

laws written and enacted by legislative bodies

A

statutory laws

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2
Q

EMTALA

A

1986 Emergency Medical Treatment and Active Labor Law…“anti-dumping law” stating can never turn away a patient for any reason

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3
Q

ADA

A

1990 Americans with Disabilities Act

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4
Q

PSDA

A

Patient Self-Determination Act

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5
Q

HIPAA

A

Health Information Portability Accountability Act

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6
Q

statue defining the scope of professional nursing practice regulated through state board of nursing

A

Nurse Practice Act (NPA)

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7
Q

What statute defines the term “RN”?

A

Nurse Practice Act (NPA)

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8
Q

What statute describes professional nursing functions?

A

Nurse Practice Act (NPA)

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9
Q

What statute defines standards of competence?

A

Nurse Practice Act (NPA)

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10
Q

What statute defines behavioral misconduct?

A

Nurse Practice Act (NPA)

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11
Q

What statute outlines grounds for disciplinary action?

A

Nurse Practice Act (NPA)

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12
Q

What statute describes fines & penalties?

A

Nurse Practice Act (NPA)

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13
Q

Who decides the cases when violations of the Nurse Practice Act (NPA) occur?

A

State Board of Nursing

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14
Q

What are the incidents in which reporting abuse is required?

A

child abuse, elder abuse, peer substance abuse

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15
Q

law that is created through the cases heard and decided in court that provide guidelines for deciding future cases

A

common/case law

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16
Q

laws concerning conduct that is considered unacceptable…based on societal expectations regarding interpersonal conduct (malpractice, negligence, and assault/ batter)

A

civil/ tort law

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17
Q

failure to act in a reasonable and prudent manner…conduct lacking in care

A

negligence

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18
Q

failure of a person with a professional education and skills to act in a reasonable and prudent manner

A

malpractice

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19
Q

These are examples of what?…assault, battery, defamation of character (slander & libel), false imprisonment, invasion of privacy

A

intentional torts

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20
Q

What are the elements needed to prove malpractice?

A

duty, breach of duty, injury, injury occurred due to breach

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21
Q

established nurse-patient relationship

A

duty

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22
Q

legal doctrine applicable to cases in which the provider had exclusive control of events that resulted in the patient’s injury

A

res ipsa loquitor- “the thing speaks for itself”

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23
Q

reckless and conscious disregard for the patient’s welfare

A

gross negligence

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24
Q

What makes causation hard to prove in court?

A

clear and thorough documentation

25
Q

legal doctrine that holds an employer indirectly responsible for the negligent acts of employees carried out within the scope of employment

A

respondeat superior- “captain of the ship”/ “let the master answer”

26
Q

person who tracks accidents and injuries, strengthens the systems within the agency to reduce preventable patient injuries, and tracks incident reports

A

risk manager

27
Q

body of law that governs the activities of administrative agencies of government

A

administrative law

28
Q

the threat of harmful or offensive contact with a person

A

assault

29
Q

actual physical violence

A

battery

30
Q

partial legal defense that reduces the amounts of damages rewarded based upon the degree to which the patient’s own negligence contributed to cause the injury

A

comparative negligence

31
Q

harming someone’s reputation by making false statements

A

defamation of character

32
Q

form of sentencing designed to enable offenders to avoid criminal charges and a criminal record

A

diversion program

33
Q

wrongdoing

A

malfeasance

34
Q

national database for verification of nurse licensure, discipline, and practice priveleges

A

NURSYS

35
Q

cautiousness

A

prudence

36
Q

time limit a person has to file a claim

A

statute of limitations

37
Q

legal doctrine, sometimes referred to as absolute liability, which can be imposed on a person or entity (hospital) without proof of carelessness or negligence

A

strict liability

38
Q

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability

A

tort

39
Q

Any proceeding brought by one or more parties against another one or more parties in a court of law

A

suit

40
Q

legal doctrine in which a person or institution is liable for the negligent acts of another because of a special relationship between the two parties (substituted liability)

A

vicarious liability

41
Q

What are the grounds for disciplinary action by a State Board of Nursing?

A

practicing w/o a license, failure to use appropriate nursing judgment, guilty felony, falsification of records, failure to document, incorrect documentation, failure to practice according to nursing standards, inappropriate behavior at work, medicare fraud, misappropriation of person items

42
Q

emotional damages

A

general

43
Q

lost wages in damages

A

special

44
Q

monetary compensation awarded to an injured person that goes beyond that which is necessary to compensate for losses and is intended to punish the wrongdoer

A

punitive dmages

45
Q

telling the patient & family about the mistake results in less severe consequences

A

transparency

46
Q

What are the most frequent allegations of nursing negligence?

A

failure to communicate/ report, failure to monitor the pt & report significant findings, failure to ensure pt safety, failure to rescue, improper treatment or negligent performance of the treatment, medication errors, failure to follow policies/ procedures, failure to invoke the chain of command/ access line of authority

47
Q

These are examples of what?… illegal practice of medicine, failing to report abuse, falsifying medication records, assault/ battery

A

Misdemeanors

48
Q

These are examples of what?… drugs, fraud, theft, rape, murder

A

Felonies

49
Q

a legal document (type of advance directive) in which a competent adult makes known his/her wishes regarding care that will be provided int he final stages of a terminal illness

A

living will

50
Q

a specific living-will document listing the desires of the patient in a particular scenario like cardiac arrest

A

Medical or Physician Directive

51
Q

What document does a physician base a DNR order on?

A

Medical or Physician Directive

52
Q

a legal document that authorizes the patient to name the person (the health care proxy) who will make the day-to-day decisions once he or she is decisionally incompetient

A

Durable Power of Attorney for Health Care (DPAHC)

53
Q

person who is designated in a living will or power of attorney to make decisions for the patient

A

health-care surrogate

54
Q

What are nurses legally bound to report to nurse managers, agency administration and risk managers?

A

critical incidents

55
Q

report outlining critical incidents that happen in the healthcare setting

A

Incident Report or “Unusual Occurrence” Report

56
Q

process of identifying, analyzing and controlling risks posed to patients

A

risk management

57
Q

negligence that indicates “reckless and wanton” disregard for the safety, well-being or life of an individual (behavior that demonstrates complete disregard for another, such that death is likely

A

criminal negligence

58
Q

an injury caused by medical management rather than the patient’s underlying condition

A

preventable adverse event

Nursing Management (10 decks)

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