mod 2 legal Flashcards
4 categories of law
- Administrative - executive branch (nursing regulation) - Tort - civil court system, can be criminal (against nurse) - constitutional - legislative branch (HIPAA) - federal/state health care statutory - legislative (HIPAA)
Tort (criteria for malpractice)
- damages- suffer injury? 2. causation- RN action or inaction cause injury? 3. breach of duty- rn conduct violate responsibility to pt 4. duty- rn have legal obligation?
types unintentional malpractice
- failure to properly assess pt - duty assess pt and analyze level of care 2. failure communicate pt finings in timely manner - must communicate changes 3. failure take appr. action - follow hcp and treat pt 4. failure document- must always document 5. failure use eq approp- must always learn use eq responsibly 6. failure preserve pt privacy- protect pt privacy 7. failure act pt advocate- always put pt safety and well-bring first
types intentional malpractice
- assault - intentional threat 2. invasion privacy- health info shared or obtains w/out pt consent 3. intentional infliction emotional distress - actions leads emotional distress 4. battery- intentional offensive touching w/out consent
standard of care- tort law
set of guidelines based on various types evidence as what is reasonable and prudent for health care prof in same or similar circumstance
constitutional law
14th amendment- right to refuse treatment
never events
events subject to nonpayment/funding 1. Retained foreign object after surgery 2. Air embolism 3. Stage III and IV pressure ulcers 4. Blood incompatibility (blood transfusion error) 5. Falls 6. Poor outcomes associated with poor glycemic control 7. Catheter-associated urinary tract infections 8. Vascular catheter infections 9. Surgical site infections 10. Deep vein thrombosis or pulmonary embolism
In the case study of Moon v St Thomas Hospital, which actions by the nurse contributed to the nursing malpractice award?
- Failure to notify the health care provider - Failure to request a prescription for a bite block - Failure to reposition the tube to prevent biting
Match the type of law with the correct description
Governs the professional practice of nursing - Administrative Associated with civil lawsuits - Tort Laws associated with the Bill of Rights - Constitutional Patient Protection and Affordable Care Act - Federal statutory
A registered nurse (RN) is precepting a newly graduated RN. Which statement by the new RN indicates understanding of the newly acquired nursing license?
“The state board of nursing has the authority to restrict me from practicing as a nurse.”
Nurse Decision Tree
safe delegation
- right person- able to perform task?
- right direction/communication- rn give clear and concise instructions?
- right supervision/evaluation- rn supervise and evaluated tasks?
- right task- task appropriate?
- right circumstance- is delegation appropriate?
Which events would require an incident report to be filed?
- An incident resulting in the unexpected death of a patient
- A patient who is not treated timely with antibiotics because of failure to report a positive culture
- A malfunction of medical equipment
Which statement is correct regarding delegation?
When making the decision to delegate, the RN is ultimately responsible.
Which conditions must be met for informed consent to be considered valid?
- Consent must be given freely.
- Alternatives to treatment must be clearly stated.
- The risks and benefits of the treatment must be clearly defined.
- Patients must be able to understand to what they are consenting.
end of life issues
Euthanasia is defined as a legally competent patient making an informed and voluntary choice to have a medically assisted death. The patient explicitly asks the health care provider for assistance to die and gives informed consent for the actual procedure of euthanasia to be performed.
Assisted suicide, however, is a medically assisted death in which a qualified health care provider supplies the patient with the means of taking his or her own life but does not perform the actual actions required to cause the death (Johnstone, 2019).
euthanasia
active- lethal injection
passive- medical support is withdrawn
nonvoluntary- pt unable (mentally or incapacitated) give consent, but act can justified on moral grounds
voluntary- pt gives consent
issues to address when pt refusing care
- establish mental competence
- id pt understanding
- involving others
- documenting
Which statement by the spouse of a patient who was left in a persistent vegetative state after a motorcycle accident indicates the spouse needs further education regarding end-of-life care?
“If the health care provider withdraws medical support to relieve his suffering, it is nonvoluntary.”
The Death with Dignity Act allows health care providers to prescribe life-ending medication to anyone who is mentally competent and diagnosed with an illness giving them less than how many months to live? Record your answer as a whole number.
6 months
Which ethical principle supports the patient’s right to refuse treatment or medical care?
Autonomy
- Autonomy is the ethical principle of an individual’s right to determine his or her own actions. The right to refuse treatment is based on the ethical principal of autonomy and is supported by legislation in the US Constitution.
The nurse is caring for a patient for whom the health care provider has prescribed an injection to treat a sexually transmitted infection. The patient has requested oral antibiotics instead of an intramuscular injection. The nurse believes that the patient is acting childishly and is threatening to give the injection without the patient’s consent. This action could lead to which type of lawsuit in nursing?
assault