Session 2: Legal

Question 1

from federal and state constitutions
o Ex: patient right to refuse treatment

Answer 1

Constitutional Laws

Question 2

civil state laws; defines nursing and standards within each state
o Falls under administrative law
o Ex: The NPA clearly defines expectations of a nurse; protects the public and makes
nurses accountable

Answer 2

Nurse Practice Act

Question 3

protect society and provide punishment; defined by state and
federal legislation
o Misdemeanor or felonies.
o Ex: criminal mistreatment of a vulnerable adult.

Answer 3

Criminal Laws

Question 4

defines nursing and expectations. This is what a nurse can legally do with their training.
o *State Boards investigate, suspend, and revoke licenses when violations of Nurse
Practice Acts (NPAs) occur.

Answer 4

Scope

Question 5

Where do you find the Scope?

Answer 5

Nurse Practice Acts within the Board of Nursing

Question 6

Who investigates, suspends, and revokes licenses when violations of Nurse
Practice Acts (NPAs) occur.

Answer 6

State Board of Nursing

Question 7

provide a guide to the knowledge, skills, judgment & attitudes for safe
and effective nursing practice.

are used when legal action is taken against nurses

Answer 7

Standards

Question 8

These come from:
o Health care laws
o EBP nursing knowledge, best practices
o Citizen advocacy groups
o Developed by ANA and specialty nursing organizations

Answer 8

Standards of Nursing

Question 9

To improve patient safety-Goals focus on common problems with solutions. Updated annually.
Developed by the Joint Commission.

Answer 9

National Patient Safety Goals

Question 10

written statement detailing a person’s desires regarding medical treatment in circumstances in which they can no longer able to express informed consent.

Answer 10

Living Will (Advance Directive)

Question 11

the authority for another person to act on someone’s behalf.

Answer 11

Durable Powers of Attorney

Question 12

The Federal Nursing Home Reform Act-1987 states residents of a certified nursing home have the right to free of restraints
- Centers for Medicare and Medicaid and Joint Commission have set standards to reduce restraint use
- Exhaust all alternative first
• Only to ensure physical safety of client or others
• When less restrictive interventions are unsuccessful
• Only with a written order

Answer 12

Restraints (advance Directive)

Question 13

Living Will
Power of Attorney
Restraints
DNR
HIPAA

Answer 13

Advance Directives

Question 14

Places a person in apprehension of a harmful intent of contact-no touching
necessary
- Ex: A nurse threatens to restrain a patient for an x-ray that he refused

Answer 14

Assault

Question 15

Intentional touching without consent
- Ex: An injection given without consent after patient refused
- Ex: A surgeon performs a tonsillectomy, but the patient consented to an
appendectomy.

Answer 15

Battery

Question 16

Spoken false statements about another

Answer 16

Slander

Question 17

Written false statements that damage someone reputation

Answer 17

Libel

Question 18

Falls below standard of care
o Hanging wrong IV solution; not stopping at a stop sign

Answer 18

Negligence

Question 19

AKA professional negligence.
Criteria are necessary to establish:

1. the nurse owed a duty to the patient
2. the nurse did not carry out the duty
3. the patient was injured
4. the nurse’s failure to carry out the duty caused the injury

Ex: Failure to check ID of patient-Administered wrong patient blood which caused reaction.

Answer 19

Malpractice

Question 20

Informed consent-required for routine treatments, hazardous procedures, diagnostic procedures, and surgeries

Answer 20

Patient Consent

Question 21

What are the 4 parts of Patient Consent?

Answer 21

1. Patient is COMPETENT
2. Patient is INFORMED of risks, alternatives, and consequences of refusal
3. Patient COMPREHENDS the information
4. Patient VOLUNTARILY makes the decision