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N320: Socialization I > Module 12 > Flashcards

Module 12 Flashcards

1
Q

Law

A

Rule of Conduct established and enforced by the government of a society

They are designed to protect the rights of the public

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2
Q

Types of Law

A

Public Law
Private Law
Criminal Law

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3
Q

Public Law

A

government is directly involved

regulates relationships between individuals and government

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4
Q

Private Law (Civil law)

A

Regulates relationships among people

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5
Q

Criminal Law

A

Concerns state and federal crime statutes

Defines criminal actions (e.g. murder, theft)

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6
Q

4 Sources of law

A

Constitutions

Statutory law

Administrative Law

Common Law

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7
Q

Constitutions

A

serve as a guides to legislative bodies

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8
Q

Statutory Law

A

enacts by a legislative body

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9
Q

Administrative Law

A

empowered by executive officers

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10
Q

Common Law

A

judiciary system reconciles controversies, creates body of common law

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11
Q

Litigation

A

process of bringing and trying a lawsuit

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12
Q

Plaintiff

A

person or government bringing a lawsuit against another

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13
Q

Defendant

A

The one being accused of a crime or tort

Presumed innocent until proven guilty

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14
Q

Each ___ has its own Nursing Practice Acts that define the scope of nursing practice

A

State

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15
Q

Credentialing

A

General term that refers to ways in which professional competence in maintained and insured

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16
Q

Ways to Credential?

A

Accreditation
Licensure
Certificaiton

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17
Q

Accreditation

A

process by which an educational program is evaluated and then recognized as having met certain predetermined standards of education

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18
Q

Licensure

A

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

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19
Q

Certification

A

Process by which a person who ahs met certain criteria established by a nongovernmental association is granted recognition in a certain practice area

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20
Q

1 reason for revoking or suspending a license

A

Drug and Alcohol Abuse

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21
Q

Other reasons for Suspending or revoking a license

A

Drug and alcohol abuse

Fraud

Deceptive practice

Criminal acts

Previous disciplinary actions

Gross or ordinary negligence

Physical or mental impairments, including age

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22
Q

Due Cause (Process) For Revoking a License

A

Notice of Investigation

Fair and Impartial hearing

Proper Decision Based on Substantial Evidence

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23
Q

Notice of Investigation

A

notice of investigation and license temporarily revoked so you cannot work during the investigation

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24
Q

A nurse’s best defense for a license investigation

A

Early legal counseling

character and expert witnesses

thorough preparation for all proceedings

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25
Q

Crime

A

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

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26
Q

Misdemeanor

A

punishable by fines or less than 1 year imprisonment

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27
Q

Felony

A

punishable by imprisonment for more than 1 year

28
Q

Tort

A

a wrong committed by a person against another person or that person’s property that is then tried in civil court

29
Q

2 Types of Torts

A

Unintentional

intentional

30
Q

Examples of Intentional Tort

A

Assault and battery

defamation of character

invasion of privacy

false imprisonment

fraud

31
Q

Examples of Unintentional Tort

A

Negligence

Malpractice

32
Q

Assault

A

threat or INTENT to cause harm (not when it is carried out)

33
Q

Battery

A

threat of INTENT to cause harm, AND it is carried out

34
Q

Defamation

A

Slander (spoken) or Liable (written defamation)

35
Q

Negligence

A

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

36
Q

Malpractice

A

Act of negligence as applied to a professional person such as a nurse, physician, or dentist

37
Q

HIPAA ensures patient rights to …

A

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

38
Q

Categories of Malpractice Claims

A

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

39
Q

What you did not chart, you did ____ ___

A

not do

40
Q

4 Elements of Liability

A

Duty

Breach of Duty

Causation

Damages

41
Q

Liability

A

legal responsibility for one’s acts (and failure to act); includes responsibility for financial restitution of harms resulting from negligent acts

42
Q

Duty

A

responsibility of accurate assessment, alerting of changes, and implementing safety measures

43
Q

Breach of Duty

A

failure of what you did not do in duty, and some change occurred

44
Q

3 Outcomes of Malpractice Litigation

A

All parties work toward fair settlement

Case is presented to malpractice arbitration panel

Case is brought to trial court

45
Q

In order to have a malpractice case…

A

all 4 elements of liability must be present and broken

46
Q

Arbitration Panel

A

pre-trial hearing with decision to accept or reject a case

47
Q

Roles of Nurses in Legal Proceedings

A

Defendant

Fact Witness

Expert Witness

48
Q

Recommendations for Nurse defendant

A

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

49
Q

Legal Safeguards for Nurses

A

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

50
Q

Whistle-Blowing

A

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

51
Q

Before starting clinical rotations…

A

get liability insurance

52
Q

3 Types of Risk Management Programs

A

Safety Program

Product Safety Program

Quality Assurance Program

53
Q

In regard to just culture, 3 types of behaviors cause problems, what are they>

A
  1. Human Error (unintentional and without malicious intent)
  2. At risk (cut corners and save time despite known issues)
  3. Recklessness (acts disregarding all safety measures)
54
Q

Sentinel Events

A

unexpected occurrence including death or severe physical or psychological injury including risk thereof

55
Q

Good Samaritan laws…

A

protect medical professionals

this is because if you act in an emergency and it still does not end well, it can protect your licensure

56
Q

Information Contained in incident reports?

A

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

57
Q

Safeguards to Competent Practice

A

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

58
Q

Elements for Informed Consetn

A

Disclosure
Comprehension
Competence
Voluntariness

59
Q

Disclosure

A

person or patient informed of procedure, risks, facts of no outcome guaranteed

60
Q

Comprehension

A

correctly repeat in their own words the thing they are giving consent for

61
Q

Competence

A

understand and able to reason with a consistent value and give a preference

62
Q

Voluntariness

A

patient voluntarily consenting or refusing

63
Q

How is informed consent a process?

A

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

64
Q

OHSA Legal regulations

A

Use of Electrical equipment
Use of isolation techniques
Use of radiation
Use of chemicals

65
Q

Laws Affecting Nursing Practice

A

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)

66
Q

National Practitioner Data Bank

A

puts in mistakes a medical professional has made, so anyone/potential employers can see

67
Q

Advance Directives

A

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

N320: Socialization I (12 decks)

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