Legal issues in Nursing

Question 1

Tort law is a ____ wrong doing that results in damage to _____ or _____?

Answer 1

• Civil wrong doing

* Resulting in damage to person or persons property

Question 2

What are the two types of unintentional torts?

Answer 2

• Malpractice

* Negligence

Question 3

the failure to act as a reasonably prudent person would have acted in a specific situation. Who does this apply to?

Answer 3

• Negligence

* ALL people

Question 4

The failure of a professional to use such care as a reasonably prudent member of the profession would use under similar circumstances, which leads to harm. Who does this apply to?

Answer 4

• Malpractice

* Only professionals (licensed etc.)

Question 5

Acts in which the outcome was planned although the person may not have expected the outcome to harm the other person.

Answer 5

Intentional Torts

Question 6

three types of intentional torts?

Answer 6

• Assault
• Battery
• False imprisonment

Question 7

Touching without consent (Treating without consent)

Answer 7

Battery

Question 8

to threaten or attempt to touch a person without consent.

Answer 8

Assault

Question 9

Unwarranted use of restraints or restrictions, restraining a person in AMA situations.

Answer 9

False imprisonment

Question 10

Breach of confidentiality, photographing patients without their consent.
What is this and what kind of tort is it?

Answer 10

• Invasion of privacy (CARDI!)

* Qausi-intentional Torts

Question 11

Slander or libel. What is this and what kind of tort?

Answer 11

• Defamation of character

* Quasi-intentional tort

Question 12

The branch of law that generally involves the protection of both the person and personal property, and is concerned with issues that arise between individuals or businesses.

Answer 12

Civil Law

Question 13

(also known as case law or precedent) is law developed by judges, courts, and similar tribunals, stated in decisions that nominally decide individual cases but that in addition have precedential effect on future cases.

Answer 13

Common Law

Question 14

is law which has been promulgated (or “enacted”) by a legislature or other governing body or the process of making it. What is this known as before it becomes law? Give an example.

Answer 14

• Legislation (or “statutory law”)
• Bill
• Nurse Practice acts

Question 15

had standards of care been followed, the injury or damages to the patient would have been avoided.

Answer 15

Legal causation

Question 16

defined as the care a reasonable, careful or prudent health care practitioner would provide in similar circumstances. Four places you would you find this?

Answer 16

• Standard of care

* NPA, Professional organizations, job descriptions, policy and procedures

Question 17

not taking appropriate action or notifying physician when

significant changes in patient condition are noted. This is an example of?

Answer 17

FAILURE TO RESCUE - DONT DO IT JESUS

Question 18

The nurse is responsible for performing those acts, and only those acts for which s/he is licensed (omission or commission).

Answer 18

*Personal Liability

Question 19

The employer is held responsible for actions of an employee; employee still has personal liability. The employer is held responsible for hiring qualified personnel, providing appropriate environment for correct functioning and providing appropriate supervision to prevent errors or injury. Give an example

Answer 19

• Employer Liability

* Adequate staffing

Question 20

The person in a supervisory position is responsible for exercising good judgment in making decisions about assignments and delegation of tasks; decisions concerning care given by nurses over whom the supervisor is assigned if involved with those decisions

Answer 20

Supervisory liability

Question 21

Main reasons Nurses get sued:

• Failure to follow ____
• Failure to use ____
• Failure to D____
• Failure to ____ and Monitor a patient
• Failure to C_____

Answer 21

• Standards of care
• Use equipment properly
• Document
• Assess
• Communicate

Question 22

Right of individuals to keep their personal information from being disclosed

Answer 22

Privacy

Question 23

The assurance client has that private information will not be disclosed without client’s consent

Answer 23

Confidentiality

Question 24

Healthcare practitioner may have to disclose a clients information if?

Answer 24

It directly impacts outcome - e.g. suicidal, teenager substance abuse

Question 25

• If you didnt document, you____!

* stick to documenting what kind of data?

Answer 25

• Didnt do it

* Objective- Just the facts

Question 26

It’s extremely important that you document any ______ that occurs during your shift.

Answer 26

*Change in family or patient status

Question 27

NEVER document what?

Answer 27

Adverse events

Question 28

Nurse has obligation to report peer suspected of being ?

Answer 28

Chemically impaired (report to supervisor)

Question 29

Failure to give report on patient and safely leaving care in hands of another healthcare professional is considered what?

Answer 29

Abandonment