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Leadership Term 4 ABSN > Week 6 lecture > Flashcards

Week 6 lecture Flashcards

1
Q

Legal rights and responsibilities: overview

A

Nurses may not knowingly administer or perform tasks that will harm a client

Nurse’s may refuse to carry out orders that would harm a client

Staff nurse is not licensed to make an order independently

Nurse Manager legally responsible for actions that fall within scope of practice of staff member that performed them

Scope of practice within a facility may be more narrow than the scope described in nurse practice act but should never be broader

Nurses have legal obligation to practice within your nurse practice act’s limits

Protect yourself by knowing your facility’s policies and nurse practice act

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2
Q

Common law

A

Law that results from previous legal decisions. Based on legal precedent

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3
Q

Statutatory law

A

law passed by a legislative body such as a state’s legislatute or US congress

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4
Q

Constitutional law

A

law that is included in the Constitution of the USA and its amendments

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5
Q

Administrative law

A

rules and regulations legally enacted to support some statutory law i.e., state nursing boards

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6
Q

Criminal law

A

public law, covers acts that are illegal and against the law. i.e. felony/misdemeanor

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7
Q

Civil law

A

public law, covers torts & contract laws

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8
Q

Torts

A

civil laws that address legal rights of clients and responsibilities of the nurse in nurse patient relationship. i.e. malpractice, negligence

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9
Q

Unintentional torts

A

malpractice & negligence

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10
Q

intentional tort

A

false imprisonment, assault, battery, breaches of confidentiality, slander

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11
Q

liability

A

Liability-vulnerability and legal responsibility. i.e. nurse is liable if fail to carry out provider’s order

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12
Q

Respondeat Superior

A

employers are legally responsible for acts of its employees

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13
Q

Negligence

A

unintentional tort, nurse fails to follow policies or standards of care in some manner that another reasonable nurse would do in the same situation

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14
Q

Malpractice

A

unintentional tort, specific type of negligence, violation of professional duty or a failure to meet a standard of care, or failure to use the skills and knowledge of other professionals in similar circumstances

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15
Q

Assault

A

intentional tort, threatening to touch a person without their consent

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16
Q

Battery

A

intentional tort, touching a person without their consent

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17
Q

false imprisonment

A

restraining, detaining/restricting a person’s freedom of movement. Restraint’s without an order would be an example

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18
Q

Defamation

A

making false statements about a person in writing or orally that leads to destruction of a persons reputation

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19
Q

Slander

A

oral defamation of character using false statements

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20
Q

Libel

A

written defamation of character using false statements

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21
Q

ID legal issues affecting staff and clients: licensure

A

must be currently licensed to practice within their state. failure or falsification is fraud and falls under intentional torts

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22
Q

The safeguarding of clients personal possessions and valuables

A

we are responsible for watching patients personal possessions and valuables. we must not borrow them either

facility has policy on how and where to store belongings - usually with name on bag and what is in bag

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23
Q

dif between malpractice and negligence

A

difference between these two is that if we can not clearly ID the elements as malpractice, then we ID it as negligence

24
Q

ID legal issues affecting staff and clients: mandatory reporting

A

legally mandated to report abuse, neglect, GSW, dog bites, and some communicable diseases, unsafe/illegal practices done by another HCP

25
Q

ID legal issues affecting staff and clients: documentation

A

all forms of documentation considered legal documents

26
Q

ID legal issues affecting staff and clients: acceptance of an assignment

A

can only accept assignments that are appropriate in terms of nurse practice act and our scope of practice. if you do not feel competent to perform, go up chain of command

27
Q

ID legal issues affecting staff and clients: provision of staff and client education relating to legal issues

A

nurse managers assess staff members educational deficits and need then implement ways to correct it and then re-evaluate

28
Q

ID legal issues affecting staff and clients: compliance with and adherence to other laws

A

nurses are expect to adhere to other national, state and local laws and regulations

29
Q

Reviewing the facility policy, federal mandates, and state mandates for interpreter services

A

American with Disabilities Act of 1990 and Rehabilitation Act of 1973

Civil rights act 1964

Title VI Prohibition Against Discrimination

Any organization or agencies receiving federal funding must provide interpreter services to those that need it

30
Q

Reporting client conditions as required by law: legally required to report:

A 
abuse/neglect
GSW
Dog bites
Communicable diseases
Illegal practices done by other HCP (unsafe or inappropriate)
31
Q

Disciplinary action

A

State Board
Nurse can face discipline if she endangers client’s health, safety or welfare

Board may formal reprimand, probation, suspend or refuse to renew license, or revoke license

More action may include Probationary person, imposing a fine, restricting scope of practice

Convicted of crime

Punished for habitual use of or addiction to drugs or alcohol

32
Q

Unprofessional Conduct

A

Falsifying or improperly altering client’s records

Negligently administering medications/treatments

Performing tasks beyond state practice act

Failing to take appropriate action to safe guard client

Abandoning client

Abusing a client verbally or physically

33
Q

Performance improvement and risk management

A

Goal is to enhance and improve outcomes of care, insure client safety, increase efficiency of patient care, reduce costs, reduce risks and liability.

34
Q

Client education

A

RN’s have responsibility to educate all clients they provide care to

RNs must work together to decide on best methods

If discharge teaching is a concern for a discharged teachers then the nurse manager should be contacted to pursure the concern, not the staff

No complaint should be ignored. Evaluating client education must happen in numerous settings

35
Q

Budgeting: who’s role?

A

nurse-manager provies unit budget for next chapter

36
Q

What are the 3 budgets that a nurse manager must develop?

A
  1. Capital = review annual, outlines equipment needs >$500
  2. Operating = day to day of specified area, utilities, small equipment, continuing education and staff education
  3. Personnel = cost of staffing the unit, must include salaries, potential raises, benefits
37
Q

What does the nurse manager comply the new budget with?

A

complies budget using historical data, client population, staffing needs, equipment needs, accrediting agency requirements

38
Q

What are variances projected based off?

A

Variance is projected based off of personnel costs, to minimize the variance they are advised to reduce outside agency personnel

Overhead cost can be 60% or more for outside agency staff

39
Q

Revenue over expenses in a nonprofit organization is what?

A

tax-exempt, usually reinvested into organization to improve services

40
Q

What do for profit organizations do with extra revenue?

A

divide among stockholders or reinvest into organization

41
Q

Performance evaluation: overview

A

Growth of staff = self-reflective approach, evaluation and goal setting

Primary managerial role

Doesn’t have to be fully agreed upon by staff

Effective evaluation provides recognition of strengths, identifies area of improvement, clarifies expectations

Done in private

All components documented in writing

Input from staff in preparing evals may be useful but the task cannot be delegated

Peer evaluation may be done if in a systematic way with clear criteria, not an informal “vouching”

Staff development is typically responsibility of employing institution

42
Q

Benchmarking

A

This refers to the process of comparing client care practices in one organization to those in the best health care organization

If a nurse-manager has contacts at what’s considered “best facilities” then they are most appropriate to obtain necessary information

Nurse-manager should evaluate policies to determine if some shall be implemented at their facility and make recommendations for change with the staff

May have staff form a task force

Benchmarking saves time, effort, and allows information to be obtained from excellent resources.

43
Q

Quality management

A

Continuous quality improvement, continually assess and evaluate effectiveness of client care

44
Q

Quality improvement

A
  • Involves performance improvement, performance evaluations with recommending ways to improve and promote professional growth
45
Q

What is an example of quality management?

A

benchmarking

46
Q

What needs to be done with incidents?

A

Incidents should be investigated, a plan shall be developed to minimize/eliminate risk of the incident reoccurring

47
Q

Performance improvement committee

A

identify problems and recommends changes within the facilities policy. Procedure, or documentation in an effort to improve client care

48
Q

Joint Commission

A

a private agency with established guidelines for hospitals and other health care facilities

49
Q

Unit counsil

A

a group of individuals who represent nursing unit.

They voice concerns of other staff members

50
Q

Role of Nurse-Manager

A

Is responsible for performance of staff

Job description should define manager’s authority over specified group of employees & describe responsibilities

Needs to continuously search for methods to improve quality of client care

Has to think strategically, plan for changes before they occur as change is constant in health care

Performance evaluations

Must not ignore staff’s actions that deviate from accepted policy

Never correct staff member in front of others- embarrasses nurse and isn’t professional

51
Q

Roles of the nurse

A

Systematically enhances quality and effectiveness of nursing practice

Demonstrate quality by documenting the application of nursing in an accountable and ethical manner

Use results of quality-of-care activities to make changes in practice

Use creativity and innovation to improve care delivery

Participate in quality improvement activities

Help identify areas for quality monitoring

Collect and analyze quality data

Assists in developing polices, procedures and guidelines

Participate on teams or committees

Maintain personal record of competency and continued learning activities

Engage in self-evaluation

Take action to achieve goals identified in performance evaluation

52
Q

Referrals

A

Contacts initiated by nurse or other team member to meet the needs of the client.

53
Q

Recognizing the Need for Referrals and Obtaining Necessary Orders

A

Nurses assess clients to determine need for referrals for actual or potential problems. Other healthcare team members can also do this.

When a need is discovered then internal or external resources sought.

When a referral is made the medical data & information needed in order to provide the requested/needed care is shared with the person/department/community resource that is accepting the referral

54
Q

ID community resources for the client

A 
Crisis intervention
Anger management programs
Social services
--> Uninsured, Meals on Wheels
Respite
Self-help groups
Housing
Transportation
Elder day care/in home care for elderly
Parenting resources
55
Q

Abuse overview

A

Support services for abusers and victims

Temporary housing – shelter
–> Victim may be able to stay with friend or family member

Social workers may be able to offer suggestions on housing

Police department called to collect evidence if the client wants to press chargers against abuser

If child then law requires nurse to file a report with government family-service agency

Nurse needs to evaluate abuser’s ability to handle stress

Nurse may be able to refer abuser to local or state agency that can offer help

Abuser poses a continued threat to others and needs help to understand behavior and how to change it

If abuser of a child a local Parents Anonymous group may be helpful
–> Self-help group made up of former abusers, attempts to help abusing parents by teaching them how to handle their anger

56
Q

Telephone hotlines

A

Crisis intervention services give abusers someone to talk to when stressed and in crisis. May help prevent abuse

Typically staffed by volunteers. Offers a way to connect those wanting help with trained counselors

Self-Help Groups
Provides help in a crisis, members may be able to prevent an abusive incident

Being familiar with local and state resources allows the nurse to respond quickly and authoritatively when an abuser or victim needs your help.

Leadership Term 4 ABSN (4 decks)

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