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Transition Final > Legal Issues > Flashcards

Legal Issues Flashcards

1
Q

Examples of Public Law

A

constitutional, criminal and administrative (fed/state) laws

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2
Q

Examples of Civil Law

A

contract/tort law

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3
Q

What is Constitutional law

A

rights, privileges, and responsibilities from U.S. Constitution including the Bill of Rights

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4
Q

What is Criminal Law

A

public concerns regarding an individuals unlawful behavior threatening society

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5
Q

What is Administrative Law

A

rules/regulations passed by the Board of Nursing

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6
Q

examples of criminal actions (harmful to society as a whole)

A

felonies/misdemeanors

violations of RN practice act

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7
Q

examples of civil actions (private rights/interests btw individuals in the case)

A

malpractice
negligence
informed consent

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8
Q

legal actions are for

A

deliberate or unintentional violations

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9
Q

what happens in a civil action

A

plaintiff files a lawsuit for compensation for damages suffered from perceived wrong

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10
Q

what are the 2 types of torts

A

unintentional (incidents/accidents) or intentional (deliberate acts)

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11
Q

which is the most common malpractice tort claim

A

unintentional

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12
Q

what are the basic elements of malpractice

A

must have a duty
must have breached that duty
your breach = foreseeable cause of pt. injury
damage/injury must have occurred

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13
Q

was there a breach of duty?

A

must prove standard of care wasn’t met

must demonstrate you did not act as a reasonable/prudent nurse under the circumstances

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14
Q

did the breach cause the injury?

A

causation must be proven

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15
Q

well documented observations include

A

patients physical/mental condition upon admission/discharge
after incident, note pt mental/physical condition
pt non-compliance with medical directives
any pt. complaints/non-complaints
exactly what pt. says
note pt. own admissions
clear discharge instructions
allergies or lack of

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16
Q

did pt. suffer damages/injury

A

must be proved - breach of duty caused injury to pt.

damages

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17
Q

who might have liability in a claim?

A

Personal Liability
Physician/Other Liability
Supervisory Liability
Institutional Liability

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18
Q

what is personal liability

A

Each individual is accountable for their own actions

Held to prof. stand. of practice

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19
Q

what is physician/other liability

A

NOT responsible for everything that happens to the pt. Nurses follow orders BUT not those unsafe for pt. OR out of scope of practice

20
Q

what is supervisory liability

A

Task properly assigned to competent worker
Adequate supervision provided
RN provided approp. follow-up and eval. of delegated task

21
Q

what is institutional liability

A

Respondeat Superior
Carry insurance
Policies or lack of common claim in court

22
Q

what defenses might be available in malpractice claims

A

Standard of care was appropriate
No causation
No damages

23
Q

nurses notes must reflect current condition of pt. T or F

A

True

24
Q

what evidence can help in a lawsuit

A

medical record - complete and accurate (integrity)

25
Q

what makes a claim defensible or indefensible

A

the medical record

26
Q

what is the best defensive action in a claim

A

good documentation

document extensively, accurately and factually

27
Q

how to avoid a malpractice claim r/t med errors

A

follow the 6 rights
avoid miscalculations (drug interactions)
listen to pt. re: new meds; re-check anything amiss
take time to admin. correctly (saves time)

28
Q

how to avoid a malpractice claim r/t safe environment

A

know how equip works
remove hazards (chemicals)
make environment free from hazards
document any incident correctly

29
Q

how to avoid a malpractice claim r/t falls

A 
1st duty is to the pt.
Notify MD to assess/trt
Ensure pt. is protected from another fall
Notify the family
Document what occurred
30
Q

what is a primary risk to a pt 2nd to med. errors

A

pt falls

31
Q

what is a source of physical/psycho injury to elderly pt.

A

falls

32
Q

how to avoid a malpractice claim r/t equipment failure

A

know standard of care connected with equipment
use as directed
is the equipment properly maintained
is the equipment working properly
remove the equipment from service if necessary

33
Q

Intentional Torts include these acts

A

assault/battery
false imprisonment
defamation (libel, slander)

34
Q

how to avoid intentional tort

A

Don’t communicate pt. info. w/o pt. consent
Confidentiality - keep info about pt. to themselves, share only w/other healthcare workers
Invasion of Privacy - photographing procedures; going through pt. belongings, talking about pt private life publicly

35
Q

what is an ethical and legal consideration in nursing

A

maintaining confidentiality

36
Q

defense for intentional torts

A

Informed consent - pt is informed of nature of care, trt, meds, procedures
Potential benefits, risks and S/E
Likelihood of achieving care, trt, service goals
Reasonable alternatives, risks, and benefits of refusing interventions

37
Q

What criminal acts pose a risk to the RN

A

Theft/misappropriation of property
RN practice violations
Violations of the FDA

38
Q

2 types of malpractice insurance

A

individual

institutional

39
Q

individual malpractice insurance

A

not expensive, not used much

40
Q

institutional malpractice insurance

A

lg policies covering acts/omissions by employed RN’s

Individual policies are secondary to institutional

41
Q

what happens when I go to court

A

deposition

42
Q

how to behave at a deposition

A 
Look/act professional
Be clear/concise
Do not give opinions
Speak slowly
Ask for questions to be repeated
Correct misstatements
Don't be angry or emotional
Avoid Always, Never, Maybe, I think, Possibly
Don't answer more than what is asked
43
Q

how you represent yourself as a nurse is key to be taken seriously, be professional. T or F

A

True

44
Q

what is an Impaired RN

A

an RN who is unable to fxn due to some type of substance abuse

45
Q

s/s of an impaired RN

A

heightened awareness
significant impact on safe/effective care
high stress/easy access contributes to the problem
many states have taken a rehab approach to this problem (NJ-RAMP)

Transition Final (5 decks)

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