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Module 4 (MedSurg 2) > Legality of Nursing > Flashcards

Legality of Nursing Flashcards

1
Q

Laws

A

Man-made rules that regulate human social conduct in a formally prescribed and legally binding manner.

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2
Q

Hierarchy of Law

A

Natural Law to
Criminal and Civil to
Statutory and Common to
Criminal: Felony and Misdemeanor
Civil: Contract, Treaty, Marriage, Tort

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3
Q

Natural Law

A

: the inherent tendency that humans have to take actions that follow our nature and purpose as human beings; based on the idea to promote good and avoid evil.
Aimed at the preservation of society
Basic concepts similar to those found in the deontological ethical system

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4
Q

Criminal Law

A

law that regulates conduct considered offensive against the general public because it harms the welfare of society as a whole.
Murder, robbery, rape, larceny, embezzlement, and so on
Prosecuted by the state, not by individuals

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5
Q

Statutory Law

A

arises from formal legislative enactments or from other legal entities with legislative power

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6
Q

Common Law

A

law regulating human social conduct as expressed in judicial decisions that interpret cases raised in disputes taken to court.
Based on precedent
Uniquely American

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7
Q

Felony

A

crime of a serious nature that usually carries a penalty of imprisonment of more than 1 year, fine of more than $10,000, or death

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8
Q

Misdemeanor

A

crime of a less serious nature than a felony; punishable by a fine of less than $10,000; jail time less than 1 year.
Level of crime is determined by the legislature

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9
Q

Civil Law

A

protects the legal rights and enforces the legal duties of private persons (or groups of persons).

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10
Q

Examples of Civil Law

A

Contract law
Treaty law
Marriage law
Tort law

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11
Q

Tort Law 3 types

A

Intentional
Quasi-intentional
Unintentional

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12
Q

Intentional Tort

A

willful acts that violate another person’s rights or property—usually physical acts; may result in a crime.

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13
Q

Assault

A

: saying or doing something that will make a person genuinely fear that he or she will be touched without consent (threat).

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14
Q

Battery

A

unconsented touching of a person, or anything he or she is wearing or holding, or anything that is attached to him or her, without the person’s permission; does not have to cause injury.

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15
Q

False Imprisonment

A

making a person stay in a place against his or her wishes; can be verbal, physical, or chemical.

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16
Q

Intentional infliction of emotional distress

A

use of extreme or outrageous conduct that causes severe emotional distress in the patient or family.

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17
Q

Conversion of property

A

interference by the nurse with the right to possession of the patient’s property by either intermeddling or destroying the property.

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18
Q

Intentional Torts mean

A

Assault
Battery
False imprisonment
Intentional infliction of emotional distress
Conversion of property

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19
Q

Quasi-intentional tort

A

violation of a person’s reputation, personal privacy, or freedom from malicious or unfounded legal prosecution.
Have characteristics of both intentional and unintentional torts
Principles of law for intentional torts apply
Often deal with communication issues

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20
Q

Defamation of character

A

the sharing of information that unintentionally harms a person’s reputation.

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21
Q

Slander

A

oral defamation of character that is intentional and malicious.

22
Q

Libel

A

written defamation of character that is intentional and malicious.

23
Q

Invasion of privacy

A

violation of a person’s right to keep information about self, family, and property from public scrutiny.
Not an absolute right—can and may be required by law to be breached in certain situations such as child, spousal, or elder abuse; gunshot wounds; knife wounds; rape; communicable diseases; suspected crimes.
always have a witness when doing intimate clinical settings

24
Q

Breach of confidentiality

A

revealing information obtained from privileged communication.

25
Q

Privileged communication

A

exists in certain professional relationships where its violation would destroy trust and confidence in the professional.
Physician-patient
Lawyer–client
Priest–penitent

26
Q

Unintentional tort

A

wrong occurring to another person leading to injury even though it was not intended.

27
Q

Negligence

A

failure to act as a reasonable and prudent person would act in the same situation (standard).

28
Q

Malpractice

A

professional negligence; failure to act as a competent and caring nurse (higher standard).
To prove malpractice, the patient must show
A wrong occurred because of a professional’s failure to act as a reasonable and prudent professional would have acted in the same situation.

29
Q

Unintentional tort 3 essential characteristics

A

Professional capacity
Demonstrated
caused by failure to act as a reasonable and prudent professional

30
Q

Legal liability

A

if a person is found guilty of any tort; generally results in the payment of damages.

31
Q

Compensatory damages

A

actual costs incurred because of the negligent act.

32
Q

Punitive damages

A

money awarded beyond the compensatory damages to “punish” the violator and send a message that this behavior is unacceptable; tend to much greater amounts of money.

33
Q

Patients must prove what to show legal liability

A

A duty to use care as defined by a standard of care (local vs. national standards)
Failure to meet that standard of care
Foreseeability of harm
Actual harm to the patient

34
Q

If a condition is missing from the legal liability then

A

no lawsuit

35
Q

Personal liability

A

each professional is responsible for his or her own actions.

36
Q

Supervisor liability

A

supervisors are responsible for the actions of those working under their direction.

37
Q

Employer liability

A

employers can be held responsible for actions committed by employees.

38
Q

Employer responsibilities include

A

Hiring qualified persons
Maintaining a safe work environment
Providing supervision and direction of employees
Providing education

39
Q

Common Causes for Malpractice Suits

A

Burns
Falls
Failure to observe and take appropriate actions
Med and injection errors
RN dispensing meds
Mistaken id
Failure to communicate and not informing MD of pt problems
Abandonment
Loss of damage to pt property
Left in pt during surgery
Lacked of informed consent
Statute of limitations

40
Q

Informed consent needs to be

A

voluntary
**Physician job to get consent bc explain the procedure **

41
Q

If it is an emergency, no one is conscious, and a medical attorney is unavailable, can you go to emergency surgery?

A

yes, if 2 doctors need to sign for informed consent

42
Q

If the pt does not understand the surgery, then the nurse

A

tells the doctor to come explain it to them before they sign consent

43
Q

What needs to be provided to have informed consent?

A

Treatment proposed
Material risk involved (potential complications)
Acceptable alternative treatments
Outcome hoped for
Consequences of not having treatment

44
Q

Pt self-determination act

A

inform clients of their right to prepare advance directives.
This eases the burden on their families and providers when it comes time for a decision.

45
Q

Advance directives

A

discuss and document their wishes concerning the type of treatment and care that they want (i.e., life-sustaining treatment) in advance.

46
Q

Living will

A

accept or refuse after the client is no longer competent or able to make that decision.

47
Q

Medical Power of attorney

A

another person to make health-care decisions for a person if the client becomes incompetent or unable to make such decisions.

48
Q

Suit prone nurses

A

insensitive to pt needs
undereducated
overconfident
authoritarian
inflexible
pre-occupied with personal issues

49
Q

In adult cases you have how long to report a lawsuit

A

2 years

50
Q

Protect Yourself

A

don’t criticize other professianls
stay within scope of practice
definite about instructions
extra precautions with phone orders
monitor supervised care
check equipment
if in doubt, STOP!
watch for adverse outcomes
if suspect a lawsuit, notify insurance and only talk to lawyer
don’t tell pt you have malpractice insurance

51
Q

Be aware of

A

hospital policies

Module 4 (MedSurg 2) (36 decks)

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