NUR 240 Exam 2 Flashcards
What is a litigation
Process of bringing and trying a lawsuit (suing someone)
What is the plaintiff
The person suing
What is the defendant
The person being accused of a crime
What is public law
Government is directly involved (wearing a seatbelt)
What is private law
Civil law; regulates relationships between people (breaking a contract)
What is criminal law
Concerns state and federal criminal statutes; defines criminal actions (Murder, theft, etc)
What is constitutional law
Serve as guides to legislative bodies; right to bear arms, civil rights -federal- state (workers comp, car accidents)
What is statutory law
Enacted by a legislative body; nurse practice acts (each state)
What is administrative law
Empowered by executive officers; (president-fed level/governor/mayor-state/local levels…state board of nursing- law enforcement)
What is common law
Judiciary system reconciles controversies (court-made law- malpractice laws- prevent one set of rules for one person and another set of rules for another person)
In what ways is nursing regulated by law
Nurse practice acts
Credentialing - accreditation, licensure, certification
What are some reasons why a nurse’s license may be suspended or revoked
- drug or alcohol abuse
- fraud
- deceptive practice
- ## criminal acts
What are some reasons why a nurse’s license may be suspended or revoked
- drug or alcohol abuse
- fraud
- deceptive practice
- criminal acts
- previous disciplinary actions
- negligence
- physical or mental impairments including age
What is considered a crime
Wrong against a person or the person’s property as well as the public
- Misdemeanor - punishable by fines or less than 1 year imprisonment
- felony - punishable by imprisonment for more than 1 year
What is considered a tort
A wrong committed by a person against another person or that person’s property; tried in civil court
- intentional
- unintentional
What are some examples of intentional torts
- Assault and battery
- Defamation of character
- Invasion of privacy
- False imprisonment
- Fraud
What are some examples of unintentional torts
- negligence
- malpractice
what rights are given to the patients under HIPPA
- To see and copy their health record
- To update their health record
- To request correction of any mistakes
- To get a list of the disclosures a health care institution has made independent of disclosures made for the purposes of treatment, payment, and health care operations
- To request a restriction on certain uses or disclosures
- To choose how to receive health information
What are the categories of malpractice claims
- Failure to follow standards of care
- 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 are the four elements of liability
- duty
- breach of duty
- causation
- damages
What is included under OSHA regulations
- use of electrical equipment
- use of isolation techniques
- use of radiation
- use of chemicals
(ensures a safe working environment)
Is the incident report considered part of the medical record
No
What are the functions of the skin
- protection
- body temperature regulation
- psychosocial (self esteem)
- sensation
- vitamin D production
- immunologic
- absorption
- elimination
What are the causes of skin alterations
- Very thin or very obese
- Fluid loss
- Excessive moisture
- Jaundice
- Diseases (psoriasis, eczema, etc)