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Law and Ethics NURS 3560 > Week 2 - documentation and legal issues > Flashcards

Week 2 - documentation and legal issues Flashcards

1
Q

What are the 5 foundations of legal and ethical responsibilities of the nurse?

A
  1. follow laws and guiding docs
  2. meet entry level compentencies and standards of practice
  3. gain competence in specific areas
  4. Maintain fitness to practice
  5. continuous learning
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2
Q

What are the three formal things nurses must follow in their practice?

A
  1. law
  2. regulation
  3. code of ethics
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3
Q

What is CRNM guided by?

A

the RHPA- regulated health professions act

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4
Q

What document do nurses follow for ethics?

A

CNA code of ethics for registered nurses

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5
Q

What is the RHPA?

A

-umbrella law
- statute law
- governs the practice of 21 diff health professions
- defines reserved acts
- only HCPs can perform acts under RHPA
- defines how a profession registers its members
- defines how professions are designated and governed
- title protection
- sets requirements for standards of practice, code of ethics, practice directions, PD, conduct and managing complaints
- how to become a regulated profession

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6
Q

What are reserved acts?

A
  1. need special training and show compentency
  2. not exclusive to any one health profession. encourages IPC
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7
Q

When did RNs come under RHPA?

A

May 31 2018

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8
Q

What CRNM regulations govern nursing practice and expand on the RHPA?

A
  1. practice of registered nursing regulation
  2. College of registered nurses of Manitoba general regulation
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9
Q

what is the practice of registered nursing regulation under CRNM?

A
  • scope of practice- which reserved acts can be done by RN
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10
Q

What is the college of registered nurses of manitoba general regulation under CRNM?

A
  • how to become an RN, title protection, reserved acts, standards of practice
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11
Q

What are CRNM practice directions?

A

-written statements about RN practice
- more detailed than regulations
- minimum nurses should practice
- manage public’s expectations
- legal reference to describe reasonable and prudent nursing practice
- compliance with practice directions is required

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12
Q

Which is more detailed, regulations or CRNM practice directions?

A

CRNM practice directions

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13
Q

What are the 10 CRNM practice expectations for RNs?

A
  1. professional practice
  2. competent practice
  3. ethical practice
  4. professional communication
  5. cultural safety, cultural humility and anti-racism
  6. Client centered practice
  7. collaborative practice
  8. Follow up to diagnosis and tests results
  9. practice environment
  10. client records
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13
Q

what 3 things does the CRNM do ?

A
  1. protect the public
  2. set standards for RN education and practice
  3. take action when standards are not met
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14
Q

what are the 5 components of the CCP (continuing compentency program)?

A
  1. self assessent
  2. learning goals and plan
  3. documentation of learning activities to meet goals
  4. jurisprudence learning module online
  5. report actual practice hours
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15
Q

when complaints are made and inquiries, what two things do they make their determinations on?

A
  1. standards of practice
  2. code of ethics
15
Q

what is professional misconduct?

A

act or omission that falls short of what would be considered proper in the same circumstances

16
Q

what are 4 foundations of professional misconduct?

A
  1. abuse of a client or staff
  2. falsification of record
  3. abandonment
  4. breaking the law
17
Q

What is the main role of CRNM?

A

protect the public

18
Q

What is the role of the college/educational insitutution such as UofM?

A

advance nursing education

19
Q

What is the role of a union (MNU)?

A

to support the nurse and strengthen working conditions

20
Q

WHat is the role of an association like ARNM?

A

advance profession and improve health of the public

21
Q

What is the role of liability protection (CNPS) ?

A

provide protection for nurses in legal situations

22
Q

What is civil tort of negligence?

A
  • Civil wrong occurs
  • the harmed party seeks compensation
    -when standards of practice are not met
  • negligence lawsuit or civil suit (care not reasonable or prudent)
23
Q

what is negligence ?

A

conduct that is below the standard that is expected as a nurse

24
Q

What 5 elements MUST be PROVEN before someone can be found guilty of neglegence?

A
  1. duty of care
  2. breach of duty
  3. Forseeable harm caused by breach (presence of injury/damage)
  4. causation
  5. patient did not contribute to negligence and or/accept risk voluntarily
25
Q

What does duty of care mean?

A

“duty to exercise a reasonable degree of skill, knowledge and care in the treatment of a patient”

  • patient was assigned to the nurse
  • nurse was suppose to follow EIP protocols
  • act in a manner that meets or exceeds prudent caregiver standards
  • you must see and examine your patient
  • record keeping
  • give proper report/handoff
  • supervise colleagues with less experience
25
Q

how do we know there was Breach of duty?

A

there was neglegence based on evidence from:
- documentation
- organizational policies
- staffing levels and workload
- experts

26
Q

What does it mean when there’s a breach of duty to care when injury or harm is invovled?

A
  • financial, property damage, injury, death or disability
  • degree of harm determines the size of award $
27
Q

What does Causation mean?

A

injury or harm is direct result of nurse’s action or inaction
- must be a clear link

28
Q

Can negligence reach a level that warrants criminal charges?

A

yes
Manianatha case:
1. criminal code - neglegence
2. civil tort - family sued
3. CPSS - 6 month suspension and upgrade skills

29
Q

What are the 3 diff outcomes an RN who does not uphold their legal and ethical duties could be subject to?

A
  1. Violation of statute law (criminal negligence)
  2. Violation of civil/tort law
  3. CRNM investigation and discipline
30
Q

What is the Manitoba Fatality Inquiries Act?

A

-cheif medical examiner in MB oversees investigation of all unexpected and violent deaths

31
Q

What is an inquest?

A

a court hearing
before a judge
examines facts around cause and manner of someone’s death
- goal is not to blame but understand why - prevention
- judge makes recommendations to change policy
- inquest reports are public

32
Q

What are reportable deaths?

A

CME - chief medical examiner must be notified of deaths that are unexpected/sudden or a child
- don’t move the body if medical examiner is involved

33
Q

what is the purpose of nursing documentation?

A
  1. communicate with care team
  2. continuity of care
  3. proves care = standards
  4. compliance with professional standards of care
  5. QA-chart audits + accreditation
  6. facilitates research
34
Q

what are some errors in documentation?

A
  1. care & treatment is omitted from the record
  2. incorrect/inaccurate/vague info in the chart
  3. HCP don’t read the chart - info is there but they don’t do anything

Law and Ethics NURS 3560 (10 decks)

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