Module 12 Flashcards
Law
Rule of Conduct established and enforced by the government of a society
They are designed to protect the rights of the public
Types of Law
Public Law
Private Law
Criminal Law
Public Law
government is directly involved
regulates relationships between individuals and government
Private Law (Civil law)
Regulates relationships among people
Criminal Law
Concerns state and federal crime statutes
Defines criminal actions (e.g. murder, theft)
4 Sources of law
Constitutions
Statutory law
Administrative Law
Common Law
Constitutions
serve as a guides to legislative bodies
Statutory Law
enacts by a legislative body
Administrative Law
empowered by executive officers
Common Law
judiciary system reconciles controversies, creates body of common law
Litigation
process of bringing and trying a lawsuit
Plaintiff
person or government bringing a lawsuit against another
Defendant
The one being accused of a crime or tort
Presumed innocent until proven guilty
Each ___ has its own Nursing Practice Acts that define the scope of nursing practice
State
Credentialing
General term that refers to ways in which professional competence in maintained and insured
Ways to Credential?
Accreditation
Licensure
Certificaiton
Accreditation
process by which an educational program is evaluated and then recognized as having met certain predetermined standards of education
Licensure
To be given a license to practice nursing in a state or province after successfully meeting requirements
Process by which a state determines a candidate meets certain minimum requirements to practice with a license
Certification
Process by which a person who ahs met certain criteria established by a nongovernmental association is granted recognition in a certain practice area
1 reason for revoking or suspending a license
Drug and Alcohol Abuse
Other reasons for Suspending or revoking a license
Drug and alcohol abuse
Fraud
Deceptive practice
Criminal acts
Previous disciplinary actions
Gross or ordinary negligence
Physical or mental impairments, including age
Due Cause (Process) For Revoking a License
Notice of Investigation
Fair and Impartial hearing
Proper Decision Based on Substantial Evidence
Notice of Investigation
notice of investigation and license temporarily revoked so you cannot work during the investigation
A nurse’s best defense for a license investigation
Early legal counseling
character and expert witnesses
thorough preparation for all proceedings
Crime
wrong against a person or the person’s property as well as the public
The act is considered to be against the government, referred to in a lawsuit as “the people,” and the accused is prosecuted by the state
Misdemeanor
punishable by fines or less than 1 year imprisonment
Felony
punishable by imprisonment for more than 1 year
Tort
a wrong committed by a person against another person or that person’s property that is then tried in civil court
2 Types of Torts
Unintentional
intentional
Examples of Intentional Tort
Assault and battery
defamation of character
invasion of privacy
false imprisonment
fraud
Examples of Unintentional Tort
Negligence
Malpractice
Assault
threat or INTENT to cause harm (not when it is carried out)
Battery
threat of INTENT to cause harm, AND it is carried out
Defamation
Slander (spoken) or Liable (written defamation)
Negligence
performing an act that a reasonably prudent person under similar circumstances would not do, or failing to perform an act that a reasonably prudent person under similar circumstances would do
Malpractice
Act of negligence as applied to a professional person such as a nurse, physician, or dentist
HIPAA ensures patient rights to …
see and copy their health records
update (NOT CHANGE) their health records
request correction of any mistakes
get a list of the disclosures a health care institution has made independent or disclosure made for purposes of treatment, payment, and health care operations
request a restriction on certain uses of disclosures
choose how to receive health information
Categories of Malpractice Claims
Failure to follow standards of care (like failed to inject insulin correctly)
Failure to use equipment in responsible manner
Failure to assess and monitor
Failure to communicate
Failure to document
Failure to act as a patient advocate
What you did not chart, you did ____ ___
not do
4 Elements of Liability
Duty
Breach of Duty
Causation
Damages
Liability
legal responsibility for one’s acts (and failure to act); includes responsibility for financial restitution of harms resulting from negligent acts
Duty
responsibility of accurate assessment, alerting of changes, and implementing safety measures
Breach of Duty
failure of what you did not do in duty, and some change occurred
3 Outcomes of Malpractice Litigation
All parties work toward fair settlement
Case is presented to malpractice arbitration panel
Case is brought to trial court
In order to have a malpractice case…
all 4 elements of liability must be present and broken
Arbitration Panel
pre-trial hearing with decision to accept or reject a case
Roles of Nurses in Legal Proceedings
Defendant
Fact Witness
Expert Witness
Recommendations for Nurse defendant
Do not discuss the case with those involved in it
Do not alter patient records
Cooperate fully with your attorney
Be courteous on witness stand
Do not volunteer any information
Legal Safeguards for Nurses
Competent practice
Informed consent or refusal
Contracts
Collective bargaining
Patient education
Executing physician orders
Delegating nursing care
Documentation
Appropriate use of social media
Adequate staffing
Whistle-blowing
Professional liability insurance
Risk management programs
Just culture
Incident, variance, or occurrence; sentinel events or never events
Patients’ rights
Good Samaritan laws
Student liability
Whistle-Blowing
term generally used to refer to employees who report their employer’s violation of the law to the appropriate law enforcement agencies outside the employer’s facilities
Before starting clinical rotations…
get liability insurance
3 Types of Risk Management Programs
Safety Program
Product Safety Program
Quality Assurance Program
In regard to just culture, 3 types of behaviors cause problems, what are they>
- Human Error (unintentional and without malicious intent)
- At risk (cut corners and save time despite known issues)
- Recklessness (acts disregarding all safety measures)
Sentinel Events
unexpected occurrence including death or severe physical or psychological injury including risk thereof
Good Samaritan laws…
protect medical professionals
this is because if you act in an emergency and it still does not end well, it can protect your licensure
Information Contained in incident reports?
Complete name of person and names of witnesses
Factual account of incident
Date, time, and place of incident
Pertinent characteristics of person involved
Any equipment or resources being used
Any other important variables
Documentation by physician or medical examination of person involved
Safeguards to Competent Practice
Developing interpersonal communication skills
Respecting legal boundaries of practice
Following institutional procedures and policies
Owning personal strengths and weaknesses
Evaluating proposed assignments
Keeping current in nursing knowledge and skills
Keeping careful documentation
Working within agency for management policies
Elements for Informed Consetn
Disclosure
Comprehension
Competence
Voluntariness
Disclosure
person or patient informed of procedure, risks, facts of no outcome guaranteed
Comprehension
correctly repeat in their own words the thing they are giving consent for
Competence
understand and able to reason with a consistent value and give a preference
Voluntariness
patient voluntarily consenting or refusing
How is informed consent a process?
You tell the patients what occurs, benefits, risks, alternative treatments; ask for any questions; get patient to sign something; nurse then goes in and gets them to tell you what they understand and get them to sign
OHSA Legal regulations
Use of Electrical equipment
Use of isolation techniques
Use of radiation
Use of chemicals
Laws Affecting Nursing Practice
Occupational Safety and Health
National Practitioner Data Bank
Reporting obligations
Controlled substances
Discrimination and sexual harassment
Health Insurance Portability and Accountability Act (HIPAA); Restraints
People with disabilities
Legal issues related to death and dying (wills, advance directives, most)
National Practitioner Data Bank
puts in mistakes a medical professional has made, so anyone/potential employers can see
Advance Directives
gives someone the ability to make decisions for you if something happened
that person should be making decisions for you and not be bullied by the family, must be above age 18, and preferably should not be a family member
