UNIT 5 - Ch. 39 Legal Accountability

Question 1

Define law

Answer 1

a binding practice, rule, or code of conduct guiding appropriate actions and defensive decisions of an individual or group

Question 2

What does HIPPA stand for?

Answer 2

Health Insurance Portability and Accountability Act. A federal law protecting the privacy and security of health info

Question 3

What does EMTALA stand for?

Answer 3

Emergency Medical Treatment and Labor Act. A federal law requiring hospitals to provide emergency care to anyone in need, regardless of their ability to pay.

Question 4

Define liability

Answer 4

the person is financially or legally responsible for something

Question 5

define malpractice

Answer 5

a professional person has failed to act in a reasonable and prudent manner

Question 6

what is HITECH

Answer 6

Health Information Technology for Economic and Clinic Health Act. Healthcare agencies are required to notify patients of breaches

Question 7

what is a living will?

Answer 7

directions to others about a person’s wishes regarding life-prolonging treatments if the person becomes unable to make those decisions

Question 8

what is a durable power of attorney (DPOA)?

Answer 8

identifies a person who will make healthcare decisions in the event the patient is unable to do so

Question 9

What is the Americans With Disabilities Act (ADA)?

Answer 9

provides protection against discrimination of individuals with disabilities.

Question 10

KEY POINT

Answer 10

The duty to report takes priority over the patient’s right to privacy. If you report suspected abuse or neglect, you cannot be charged with violating a patient’s right to privacy

Question 11

What are the Good Samaritan Laws? List the 9 rules.

Answer 11

These are designed to protect form liability those who provide emergency care to someone who is in need of medical services. These vary from state to state
1. Care provided in emergency
2. Person providing care did not cause emergency
3. Care provided in competent manner
4. Care was voluntary. No money received
5. Person receiving care did not object to care
6. Call 911 asap
7. Don’t leave person once you are involved
8. Place person int care of emergency professionals
9. Don’t accept any compensation for good deed.

Question 12

describe the ANA Code of Ethics for Nurses

Answer 12

The standards of professional responsibility for nurses and provides insight into ethical and acceptable behavior

Question 13

what is the Patient Care Partnership (PCP)?

Answer 13

It explains to patients what they should expect during hospitalization

Question 14

Describe the Nurses’ Bill of Rights

Answer 14

identifies 7 conditions that nurses should expect from their workplace that are necessary for sound professional practice

Question 15

Describe the Patient Self Deturmination Act

Answer 15

The pateint has their own autonomy. Ex:
-The living will
-durable power of attorney
-client’s rights

Question 16

Describe the difference between durable power of attorney and healthcare proxy

Answer 16

-Healthcare proxy handles making decisions only for healthcare
-Power of attorney handles making legal decisions

Question 17

Define informed consent

Answer 17

Pt fully understands their healthcare

Question 18

Mandatory reporting laws

Answer 18

Healthcare workers must report things like drug use or high alcohol content

Question 19

Describe the difference between malpractice and negligence

Answer 19

Both are accidents. Malpractice is a mistake that caused harm.
Negligence is the failure of acting in reasonable way

Question 20

Define autonomy

Answer 20

Pt is competent to make decisions for their care

Question 21

Define beneficence

Answer 21

Duty to do good. Removing harm when possible. Ex: If nurse notices wrong IV bag is hanging, change it to the correct bag.

Question 22

Define non-maleficence

Answer 22

Risk of harm is not as clear. Ex: not dong final med checks before administration VS first time ambulating pt after surgery and clot that was unknown traveled to their lungs. In this situation you can rarely expect that harm will occur.

Question 23

Define veracity

Answer 23

Duty to tell the truth. Even if it may cause harm. Pt should be fully informed of their care

Question 24

Define Justice

Answer 24

The equal treatment of all patients

Question 25

Define fidelity

Answer 25

Duty to keep promises and remain faithful
Ex: Telling a patient you will be right back. You should actually follow through and come back asap

Question 26

Define whistle Blower

Answer 26

Someone who reports suspected wrongdoing in healthcare setting

Question 27

Define the Nurse Practice Act

Answer 27

Outlines legal responsibilities for what we can or can’t do

Question 28

What falls under Quazi-intentional torts

Answer 28

Abuse, slander, battery

Question 29

What falls under unintentional torts

Answer 29

negligence, malpractice