Legal issues in Nursing Flashcards
Tort law is a ____ wrong doing that results in damage to _____ or _____?
- Civil wrong doing
* Resulting in damage to person or persons property
What are the two types of unintentional torts?
- Malpractice
* Negligence
the failure to act as a reasonably prudent person would have acted in a specific situation. Who does this apply to?
- Negligence
* ALL people
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?
- Malpractice
* Only professionals (licensed etc.)
Acts in which the outcome was planned although the person may not have expected the outcome to harm the other person.
Intentional Torts
three types of intentional torts?
- Assault
- Battery
- False imprisonment
Touching without consent (Treating without consent)
Battery
to threaten or attempt to touch a person without consent.
Assault
Unwarranted use of restraints or restrictions, restraining a person in AMA situations.
False imprisonment
Breach of confidentiality, photographing patients without their consent.
What is this and what kind of tort is it?
- Invasion of privacy (CARDI!)
* Qausi-intentional Torts
Slander or libel. What is this and what kind of tort?
- Defamation of character
* Quasi-intentional tort
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.
Civil Law
(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.
Common Law
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.
- Legislation (or “statutory law”)
- Bill
- Nurse Practice acts
had standards of care been followed, the injury or damages to the patient would have been avoided.
Legal causation
defined as the care a reasonable, careful or prudent health care practitioner would provide in similar circumstances. Four places you would you find this?
- Standard of care
* NPA, Professional organizations, job descriptions, policy and procedures
not taking appropriate action or notifying physician when
significant changes in patient condition are noted. This is an example of?
FAILURE TO RESCUE - DONT DO IT JESUS
The nurse is responsible for performing those acts, and only those acts for which s/he is licensed (omission or commission).
*Personal Liability
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
- Employer Liability
* Adequate staffing
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
Supervisory liability
Main reasons Nurses get sued:
- Failure to follow ____
- Failure to use ____
- Failure to D____
- Failure to ____ and Monitor a patient
- Failure to C_____
- Standards of care
- Use equipment properly
- Document
- Assess
- Communicate
Right of individuals to keep their personal information from being disclosed
Privacy
The assurance client has that private information will not be disclosed without client’s consent
Confidentiality
Healthcare practitioner may have to disclose a clients information if?
It directly impacts outcome - e.g. suicidal, teenager substance abuse
- If you didnt document, you____!
* stick to documenting what kind of data?
- Didnt do it
* Objective- Just the facts
It’s extremely important that you document any ______ that occurs during your shift.
*Change in family or patient status
NEVER document what?
Adverse events
Nurse has obligation to report peer suspected of being ?
Chemically impaired (report to supervisor)
Failure to give report on patient and safely leaving care in hands of another healthcare professional is considered what?
Abandonment
