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
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
26
Misdemeanor
punishable by fines or less than 1 year imprisonment
27
Felony
punishable by imprisonment for more than 1 year
28
Tort
a wrong committed by a person against another person or that person's property that is then tried in civil court
29
2 Types of Torts
Unintentional intentional
30
Examples of Intentional Tort
Assault and battery defamation of character invasion of privacy false imprisonment fraud
31
Examples of Unintentional Tort
Negligence Malpractice
32
Assault
threat or INTENT to cause harm (not when it is carried out)
33
Battery
threat of INTENT to cause harm, AND it is carried out
34
Defamation
Slander (spoken) or Liable (written defamation)
35
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
36
Malpractice
Act of negligence as applied to a professional person such as a nurse, physician, or dentist
37
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
38
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
39
What you did not chart, you did ____ ___
not do
40
4 Elements of Liability
Duty Breach of Duty Causation Damages
41
Liability
legal responsibility for one's acts (and failure to act); includes responsibility for financial restitution of harms resulting from negligent acts
42
Duty
responsibility of accurate assessment, alerting of changes, and implementing safety measures
43
Breach of Duty
failure of what you did not do in duty, and some change occurred
44
3 Outcomes of Malpractice Litigation
All parties work toward fair settlement Case is presented to malpractice arbitration panel Case is brought to trial court
45
In order to have a malpractice case...
all 4 elements of liability must be present and broken
46
Arbitration Panel
pre-trial hearing with decision to accept or reject a case
47
Roles of Nurses in Legal Proceedings
Defendant Fact Witness Expert Witness
48
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
49
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
50
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
51
Before starting clinical rotations...
get liability insurance
52
3 Types of Risk Management Programs
Safety Program Product Safety Program Quality Assurance Program
53
In regard to just culture, 3 types of behaviors cause problems, what are they>
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
Sentinel Events
unexpected occurrence including death or severe physical or psychological injury including risk thereof
55
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
56
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
57
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
58
Elements for Informed Consetn
Disclosure Comprehension Competence Voluntariness
59
Disclosure
person or patient informed of procedure, risks, facts of no outcome guaranteed
60
Comprehension
correctly repeat in their own words the thing they are giving consent for
61
Competence
understand and able to reason with a consistent value and give a preference
62
Voluntariness
patient voluntarily consenting or refusing
63
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
64
OHSA Legal regulations
Use of Electrical equipment Use of isolation techniques Use of radiation Use of chemicals
65
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)
66
National Practitioner Data Bank
puts in mistakes a medical professional has made, so anyone/potential employers can see
67
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