Week 5: Part 2: Legal Issues in Nursing Flashcards
Laws created by judges
Common law
laws created by congress
Statutory law
What are the federal states
- Emergency Medical Treatment and Active Labor Law (EMTLA)- 1986
- Americans with Disabilities Act of 1990
- Patient Self-Determination Act of 1990
- Health Insurance Portability and Accountability Act of 1996
- Whistleblower protection
what is title 42
Defines minimal standards of
care for hospitals to receive money from
Medicare (Centers for Medicare & Medicaid
Services (CMS)
never events will ________ money for hospitals
decrease
A civil wrong
a tort
Failure to act as reasonably prudent nurse
negligence
type of negligence that causes harm to a patient
malpractice
4 Essential Elements to Prove Negligence
- A duty was owed to the patient= nurse accepts patient assignment
- There was a breach of the duty
- The actions of the nurse caused actual harm to the patient= actual harm was shown
- Proximate cause: direct cause and effect i.e.
Evidence shows the nurse did not meet the standard of care and this caused a patient injury
Nurse-Patient Ratios
American Nurses Association (ANA):
“Safe Staffing Saves Lives Campaign” (2008)
ANA: Safe Staffing Act (2014)
requires hospitals with Medicare & Medicaid reimbursement to develop safe staffing plans or Federal government can withhold money
_________ first state to enact law for minimum nurse-patient ratios in acute care
California
First step in reporting abuse is to call __________ is there is a issue within the chain of command
The State Board of Nursing
________regulate standards for nursing homes, hospitals, and rehabilitation centers i.e. staffing, obtaining major equipment, patient’s rights, and informed patient consent
State Laws
Goal is to use the ______restrictive restraint when all other strategies to ensure patient safety are exhausted.
least
Living will must be
dated, signed, and witnessed
IF a patient is leaving AMA the nurse must
Nurse must immediately notify health care provider, inform patient of dangers of leaving i.e. aggravate current condition, affect future care, result in permanent physical injury, potential complications.
If an eldery or impaired pt is leaving AMA the nurse must
notify the family members
Direct violation of patient’s rights:
Assault and battery Defamation of character False Imprisonment Infliction of Emotional Distress Invasion of privacy
Documentation should include:
Direct quotations from the patient, family, or
visitors
Data that is gathered
Actions taken
Individuals notified about concerns and
issues
Evaluation of actions
Pt. entered hospital with abscessed tooth
Dr. determined she needed tracheostomy
Pt. receiving antibiotics for infection
While sister visiting pt., trach began to bleed
and she called for help
Nurses did not know how to manage trach
Anesthesiologist called to clear airway
Pt. suffered permanent brain damage
Pt. sued hospital for damagesnegligence
common law established the current standard of care which states
a nurse must prevent harm to patients
Emergency medical treatment and active labor law states
must treat the patient even if no insurance…….. no matter what unless they say no
In an emergency you must tx
American with disabilities Act states
A patient with disabilities must be provided assistive devices
Patient self determination act of 1996
A patient has the right to make their own decisions about their care
Health insurance portability and accountability act of 1996
HIPPA:
federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge.
Whistleblower protection Act
protects federal whistleblowers who work for the government
If a nurse moves states the new state will check you record of practice and they are allow to because of the __________
Violations of nurse practice act
