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Fundamentals 2 Pt. 2 > T1: Legal Considerations (CH 8) > Flashcards

T1: Legal Considerations (CH 8) Flashcards

1
Q

Nurses must know basic __ and confirm their practice falls within sound boundaries.

A

laws

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2
Q

Gero nurses function in __ roles.

A

autonomous

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3
Q

Gero nurses supervise unlicensed personnel and are accountable for ___ ___.

A

their actions

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4
Q

Some problems faced by older adults may lead to __ __.

A

legal issues

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5
Q

Nurses need to advocate for __ __ __.

A

older adults rights

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6
Q

What are some situations that can result in the risk of liability?

A
  • working with insufficient resources
  • not following agency policies and procedures
  • bending rules
  • taking shortcuts
  • working when physically/emotionally exhausted
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7
Q

You are liable for ___ when your performance deviates from standard of care.

A

malpractice

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8
Q

___ acts do NOT always warrant damages.

A

Negligent

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9
Q

What are 3 conditions that warrant malpractice?

DNI

A

Duty
Negligence
Injury

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10
Q

Malpractice can occur when you ___ responsibilities to others.

A

delegate

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11
Q

Malpractice can occur when you have __ __.

A

Increased Responsibilities

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12
Q

What are some situations that can result in negligence?

A
  • failing to take action
  • contributing to patient injury
  • failing to report a hazardous situation
  • handling patient possessions inappropriately
  • failing to follow policies and procedures
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13
Q

What does HIPAA stand for?

A

Health Insurance Portability and Accountability Act

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14
Q

Nurses need to be familiar with policies and procedures to protect __ __.

A

patients’ privacy

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15
Q

__ must be obtained prior to any med/surg procedure.

A

consent

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16
Q

Consent must be __.

A

informed

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17
Q

What are the 5 elements of Informed Consent?

A
  • written description of the procedure and its purpose
  • explanation by the person performing the procedure
  • alternatives to the procedure
  • expected consequences and risks
  • signature of the patient, witnessed, and dated
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18
Q

Patients who are mentally incompetent are able to give consent. T/F?

A

False

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19
Q

The next of kin will always be the legal guardian.

A

FALSE

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20
Q

Guardianship differs from __ __ __ for health care.

A

power of attorney

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21
Q

There are various forms of legal guardianship and all are __ appointed.

A

court

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22
Q

What are some risks for nurses in the supervisory role?

A
  • permitting unqualified persons to deliver care
  • failing to follow up on delegated tasks
  • assigning tasks to unqualified staff
  • allowing staff to work under conditions with known risks
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23
Q

What does OBRA stand for?

A

Omnibus Budget Reconciliation Act

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24
Q

___ imposes strict standards on use of restraints: both chemical and physical.

A

OBRA

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25
Q

___ is anything restricting movement.

A

restraints

26
Q

Their is a high caseload of ___ ill older adults in gerontological nursing.

A

terminally

27
Q

___ act requires health care facilities to ask a patient about advance directives.

A

Patient Self-Determination Act

28
Q

Nurses can be the legal witness to a will. T/F?

A

FALSE

29
Q

Pronouncement of death falls within the scope of ___ in PA.

A

medical

30
Q

Consent for autopsy must be obtained, except for cases of __, __, or __.

A

criminal act
malpractice
occupational disease

31
Q

Caregiver stress can lead to __.

A

abuse

32
Q

Elder abuse can be : (7)

PESENAF

A 
physical
emotional 
sexual 
exploitation
neglect
abandonment
financial
33
Q

__ __ __ helps identify those being abused.

A

Elder Assessment Instrument

34
Q

Indications of possible abuse include:

A

dehydration and malnutrition

35
Q

The scope of nursing practice and the requirements for being licensed as a home health agency fall under the enforcement of (public/private) law.

A

public

36
Q

___: a relationship between the nurse and the patient in which the nurse has assumed responsibility for the care of the patient

A

Duty

37
Q

___: failure to conform to the standard of care (i.e., malpractice)

A

Negligence

38
Q

___: physical or mental harm to the patient or violation of the patient’s rights resulting from the negligent act

A

Injury

39
Q

Measures to help manage behavioral problems and protect the patient without using restraints include:

A

alarmed doors, wristband alarms, bed alarm pads, beds and chairs close to the floor level, and increased staff supervision and contact.

40
Q

When restraints are deemed absolutely necessary, a physician’s order for the restraints must be obtained, stating what 3 things?

A

the specific conditions for which the restraints are to be used, the type of restraints, and the duration of use.

41
Q

___ ___ should exist for the use of restraints and should be followed strictly.

A

Agency policies

42
Q

Detailed documentation about restraints should include what 3 things?

A

the times for initiation and release of the restraints, their effectiveness, and the patient’s response.

43
Q

The patient requires __ __ while restrained.

A

close observation

44
Q

If counseling does not help the patient and family understand the risks involved in not using the restraint, the agency may wish to have the patient and family sign a __ __ __.

A

release of liability

45
Q

A release of liability for restraints states:

A

the risks of not using a restraint and the patient’s or family’s opposition.

46
Q

Every conscious and mentally competent adult has the right to __ __ for a procedure.

A

refuse consent

47
Q

To protect the agency and staff, it is useful to have the patient sign a release stating that consent is denied and that ___.

A

the patient understands the risks associated with refusing consent.

48
Q

If the patient refuses to sign the release for refusal of consent, what should happen?

A

it should be witnessed, and both the professional seeking consent and the witness should sign a statement that documents the patient’s refusal for the medical record.

49
Q

Accepting telephone orders predisposes nurses to considerable risks because:

A

the order can be heard or written incorrectly or the physician can deny that the order was given.

50
Q

__ are statements of individuals’ desires for the management of their affairs after their death.

A

Wills

51
Q

A __ __ describes a patient’s preferences and gives instructions to health care providers if at a future time he or she is unable to make or communicate decisions and has no one appointed as proxy.

A

living will

52
Q

A ____ is a document that appoints a person selected by the patient to make decisions on the patient’s behalf should the patient be unable to make or communicate his or her decisions.

A

durable power of attorney

53
Q

If a patient is dying and wishes to dictate a will to the nurse, the nurse may write it exactly as stated, sign, and date it; have the patient sign it if possible; and ____

A

forward it to the agency’s administrative offices for handling.

54
Q

___ law governs the relationship between government and private parties; it includes issues such as the scope of practice, regulations that care settings must abide by, and criminal law.

A

Public

55
Q

___ law involves the relationships among individuals or between individuals and organizations and includes issues such as assault, battery, false imprisonment, and invasion of privacy.

A

Private

56
Q

A deliberate threat or attempt to harm another person that the person believes could be carried through (e.g., telling a patient that he will be locked in a room without food for the entire day if he does not stop being disruptive).

A

Assault

57
Q

Unconsented touching of another person in a socially impermissible manner or carrying through an assault. Even a touching act done to help a person can be interpreted as this (e.g., performing a procedure without consent).

A

Battery

58
Q

Unlawful restraint or detention of a person. Preventing a patient from leaving a facility is an example of this.

A

False imprisonment

59
Q

Invading the right of an individual to personal privacy

A

Invasion of privacy

60
Q

Unlawful taking of another person’s possession

A

Larceny

61
Q

Willful and intentional misrepresentation that could cause harm or cause a loss to a person or property (e.g., selling a patient a ring with the claim that memory will be improved when it is worn).

A

Fraud

Fundamentals 2 Pt. 2 (26 decks)

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