Legal issues - Death Flashcards
statutory law
state and federal legislation
civil/criminal laws
regulatory law
administrative bodies
state boards of nursing
common law
court decisions on individual cases
liability
being held to a standard of care
having responsibility for your actions
emergency medical treatment and active labor act
EMTALA
prevents patient dumping
patients must be screened and stabilized before being transferred
patient protection and affordable care act
PPACA
obama care
allows ppl under 26 to be insured from parents
increase insurance company accountability
intended to reduce overall consumer cost
Americans with disabilities act
ADA
protect the rights of those with mental or physical disabilities
health insurance portability and accountability act
HIPAA
good samaritan laws
protects medical personnel who volunteer to help an injured person in an emergency
felony
prison for greater than a year/ death
misdemeanor
prison for less than a year
tort
civil wrongful acts or omissions made against a person or property
intentional tort
willful acts that violate others
such as assault, battery, and false restriant of a patient
quasi intentional torts
invasion of HIPAA
defamation of character
(slander, libel)
unintentional torts
negligence
malpractice
islamic postmortem care
- ritual washing by person of the same gender
- face turned toward mecca
- no cremation
- loved ones stay near body
buddhism postmortem care
- male family members prepare body
- ritual prayers
- body not left alone
- cremation typical
hinduism postmortem care
- body placed on the floor with head facing north
- preparation of body by people of the same gender
- cremation typical
orthodox judaism
- burial within 24 hours (except Sabbath)
- Jewish Burial Society may come to hospital
catholicism postmortem care
- last rites (“extreme unction”)
- priest administers Eucharist to the dying person
NURSING ETHICS –>
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beneficence
taking positive actions that will help the pt
nonmaleficence
avoiding negative actions that harm
advocacy
the support of a particular cause and advocating for the health, safety, and rights of a pt
accountability
the ability to answer for ones actions
responsibility
willingness to respect ones professional obligations and to follow through