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1

Knowledge of Laws that regulate and affect nursing practice are needed for what?

  1. To ensure that the nurse's decisions and actions are consistent with current legal principles
  2. To protect the nurse from liability
2

Define Law

"the sum total of rules and regulations by which society is governed"

3

Statutory laws or Legislation law

Laws enacted by any Legislative body

4

Common Laws

Laws evolving court decisions

(disputes between 2 parties)

5

Public law

body of law that deals with relationships between individuals and the government and government agencies.

6

Criminal law

deals with actions against the safety and welfare of the public.

Ex: homicide, manslaughter, theft

7

The Nurse Practice Acts falls under which Law?

Legislation (Statutes) Law

8

Private / Civil Law

body of law that deals with relationships among private individuals.

9

Contract law

involves the enforcement of agreements among private individuals or the payment of compensation for failure to fulfill agreements.

10

Tort law

defines and enforces duties and rights among private individuals that are not based on contractual agreements.

Ex: negligence, malpractice, invasion of privacy, assault, battery.

11

Civil actions

deal with the relationships among individuals in society

Ex: man may file a suit against a person who he believes cheated him

12

Criminal actions

deal with disputes between an individual and society as a whole

Ex: if a man shoots a person, society brings him to trial

13

Difference between Civil and Criminal law

difference is the potential outcome for the defendant. If found guilty in a civil action, such as malpractice, defendant will pay a sum of money. If found guilty in criminal action, defendant may lose money, be jailed, lose nursing license, or be executed.

14

The action of a lawsuit is called ___________, and lawyers who participate in lawsuits are refered to as ________.

litigation, litigators

15

___________ ___________ has special training, experience, or skill in a relevant area and is allowed by the court to offer an opinion on some issue wihtin his or her area of expertise.

expert witness.

16

Credentialing

is the process of determining and maintaining competence in nursing practice

17

___________ is a legal permit that government agency grants to individuals to engage in the practice of a profession and to use a particular title.

License

18

mutual recognition model

allows for multi state licensure

Ex: a nurse who lives on the border of a state can practice in both states under one license if the adjoining states have an interstate compact.

19

interstate compact

an agreement between two or more states, also know as nurse licensure compact (NLC)

20

what are Standards of Care

evaluates the quality of care nurses provide and are guidelines for nursing practice

21

Liability

the quality or state of being legally responsible for one's obligations and actions and for making financial restitution for wrongful acts.

22

informed consent

agreement by a client to accept a course of treatment or procedure after being provided complete information.

23

Express consent

oral or written agreement

24

Implied consent

individuals nonverbal behavior indicates agreement.

EX: client who positions their bodies for an injection or cooperates with taking of vital signs infer implied consent.

25

groups of people that cannot provide consent

  1. minors
  2. adults with mental capacity of a child w/an appointed guardian
  3. unconscious or injured in a way that are unable to give consent
  4. people with mental illness, judged by professionals to be incompetent
26

Can a patient refuse treatment after signing a consent form?

Absolutely. They can change their mind and cancel the procedure at any time.

27

Delegation

transfer of responsibility for the performance of an activity from one person to another while retaining accountability for the outcome

28

5 rights of delegation

  1. Right task
  2. Right circumstances
  3. Right person
  4. Right direction and communication
  5. Right supervision and evaluation
29

Neglect

Absence of care necessary o maintain the health and safety of a vulnerable individual such as child or elder.

30

mandated reporters

required by law, to report suspected abuse, neglect, or exploitation

31

impaired nurse

nurse's inability to perform essential job functions because of chemical dependency on drugs or alcohol or mental illness.

32

What are the 2 types of advance health care directives

  1. the living will
  2. health care proxy or surrogate
33

what is the living will

provides specific instructions about what medical treatment the cilent chooses to omit or refuse (e.g. ventilatory support) in the event that the client is unable to make those decisions

34

what is health care proxy

also known as durable power of attorney for health care, is a notarized or witnessed statement appointing someone else to manage health care treatment decisions when the client is unable to do so

35

autopsy or postmortem

examination of body after death

36

what is "no code" or DNR (do no resuscitate)

this is for clients who are in stage of terminal, irreversible illness or expected death. A DNR order is written when the client or proxy has expressed the wish for no resuscitation in the event of a respiratory or cardiac arrest. DNR needs to signed and witnessed by 2 people who can't benefit from the person's will.

Resuscitate means to revive

37

what is Euthanasia

it is the act of painlessly putting to death, persons suffering from incurable or distressing disease.

Also known as mercy killing

38

True or False

Euthanasia is legal in United States only if the doctor prescribes and if there is consent of patient and family

False - Euthanasia is legally wrong in US (except Oregon) and can lead to criminal charges of homicide or to a civil lawsuit for withholding treatment or providing an unacceptable standard of care.

39

inquest

legal inquiry into the cause or manner of a death

40

coroner

public official appointed or elected to inquire into the cause of a death

41

medical examiner

is a physician and usually has advanced education in pathology or forensic medicine

42

crime

an act committed in violation of public (criminal) law and punishable by a fine or imprisionment

43

felony

crime of a serious nature such as murder, punishable by a term in prison

44

manslaughter

second degree murder

EX: a nurse who accidentally gives an additional and lethal dose of a narcotic can be accused of manslaughter

45

misdemeanor

offense of a less serious nature and is usually punishable by a fine or short term jail sentence or both.

46

tort

civil wrong committed against a person or a person's property

47

torts are classified as ________ or _________

intentional or unintentional

48

what are types of unintentional torts

negligence, malpractice, gross negligence

49

what are types of intentional torts

assault, battery, false imprisionment, invasion of privacy, defamation(libel/slander)

50

Negligence

misconduct or practice that is below the standard expected of an ordinary, reasonable and prudent person;

places another person in risk or harm

51

gross negligence

involves extreme lack of knowledge, skill, or decision making that the person clearly should have known would put others at risk of harm

52

Malpractice

"professional negligence", occurred while the person was performing as a professional.

53

key elements to prove LEGAL LIABILITY

  1. Duty(nurse taking care of that client)
  2. Breach of Duty (failure to perform standard of care)
  3. Forseeablity and Causation (link between the nurse's act and injury suffered and its proven)
  4. Harm or injury (client was injured)
  5. Damage - clients injury was a result of nurse's failure to carry out the duty
54

assault

attempt or threat to touch another person unjustifiably

(assault precedes battery)

55

Battery

willful touching of a person (or a person's clothes, or something the person is carrying) that may or may not cause harm. (Touching done without permission, that is embarrassing, or causes injury)

ex; forceful restrain

56

false imprisionment

unjustifiable detention of a person without legal warrant to confine the person

57

invasion of privacy

direct wrong of a personal nature

58

defamation

communication that is false, or made with a careless disregard for the truth, and results in injury to the reputation of a person.

59

_________ and _________ fall under defamation

Libel and Slander

60

Libel

defamation by means of print, writing, pictures, internet.

ex; writing in notes that a doctor is incompetent because he didn't respond immediately to a call.

61

Slander

defamation by spoken words,, stating unprivileged or false words by which a reputation is damaged

Ex: nurse to tell client that another nurse is incompetent

62

unprofessional conduct

incompetence or gross negligence, conviction for practicing without a license, falsification of client records, and illegally obtaining, using, or possessing controlled substances.

63

true or false

The person who identifies that the incident occurred should complete an incident report even if another person was involved in the incident

true: the person who identifies the incident, reports the incident

64

3 major elements of an informed consent

  1. the consent was given voluntarily
  2. the client was of age and had the capacity and competency to understand
  3. client was given enough information on which to make an informed decision
65

Good Samaritan acts

protect health professionals from claims of malpractice when they offer assistance at the scene of an emergency, provided that there is no willful wrongdoing or gross departure from normal standards of care

66

true or false

When a client is accidentally injured or involved in an unusual situation, the nurse's first responsibility is to notify appropriate agency personnel and then take steps to protect the client.

False

The nurses first step should be protecting the client and then notifying proper authority