Ch 22 Legal Implications

Front 1

Four types of invasion of privacy torts are

Back 1

1. Intrusion on seclusion
2. Appropriation of name or likeness
3. Publication of private or embarrassing facts
4. Publicity placing one in a false light

Front 2

Defamation of character

Back 2

is the publication of false statements that result in damage to a person's reputation

Front 3

Malice

Back 3

means that the person publishing the information knows it is false and publishes it anyway or that it is published with reckless disregard as to the truth or falsity of the statement

Front 4

Slander

Back 4

If the statement is presented orally

Front 5

Libel

Back 5

If the statement is made in writing

Front 6

Negligence

Back 6

is conduct that falls below the standard of care.
Example: if a driver of a car acts unreasonably in failing to stop at a stop sign

Front 7

Malpractice

Back 7

Is one type of negligence; it is referred to as professional negligence

Front 8

Nurses can be found liable for malpractice if the following criteria are established

Back 8

1. the nurse (defendant) owed a duty to the client (Plaintiff)
2. the nurse did not carry out that duty
3. the client was injured
4. the nurse's failure to carry out the duty caused the injury

Front 9

Examples of negligence

Back 9

1. failing to check a client's arm band and then administering medication to the wrong client.
2. administering a medication to a client even though it has been documented that the client has an allergy to that medication.

Front 10

The best way for nurses to avoid being liable for negligence is to

Back 10

follow standards of care, give competent health care, communicate with other health care providers, develop a caring rapport with the client, and document assessments, interventions, and evaluations fully.

Front 11

A signed consent form is required for

Back 11

all routine treatment, hazardous procedures such as surgery, some treatment programs such as chemotherapy, and research involving clients.

Front 12

A client signs a _ consent forms when admitted to the hospital

Back 12

general

Front 13

Separate special consent or treatment forms must be signed

Back 13

by the client or a representative before specialized procedures or treatment are performed

Front 14

Informed consent

Back 14

is a person's agreement to allow something to happen, such as surgery or an invasive diagnostic procedure, based on a full disclosure of risks, benefits, alternatives, and consequences of refusal

Front 15

The following factors are required for informed consent

Back 15

1. brief explanation of the procedure
2. Names and qualifications of persons performing
3. Description of what could happen
4. Explanation of alternatives
5. Right to refuse
6. Client may refuse the procedure/treatment even after the procedure has begun

Front 16

Because nurses do not perform surgery or direct medical procedures, in most situations, obtaining clients' informed consent

Back 16

does not fall withing the nursing duty

Front 17

Even though the nurse assumes the responsibility for witnessing the client's signature on the consent form, the nurse

Back 17

does not legally assume the duty of obtaining informed consent

Front 18

If clients deny understanding or the nurse suspects they do not understand, the nurse must

Back 18

notify the physician or nursing supervisor and must make certain that clients are informed before signing

Front 19

If the client is unconscious, consent must be obtained from a

Back 19

person legally authorized to give consent on the client's behalf

Front 20

In emergency situations, if it is impossible to obtain consent from the client or an authorized person, the procedure required to benefit the client or save a life

Back 20

may be undertaken without liability for failure to obtain consent

Front 21

If a client is harmed as a direct result of a nursing student's action or lack of action, the liability for the incorrect action is generally shared by the

Back 21

student, instructor, hospital or health care facility, and university or educational institution

Front 22

Malpractice insurance provides

Back 22

for a defense when a nurse is sued for professional negligence or medical malpractice

Front 23

The insurance company pays for

Back 23

any judgment or settlement of the case and also pays for the attorney's fees generated in the representation of the nurse.

Front 24

JCAHO requires institutions to have guidelines for determining the number of nurses required

Back 24

to give care to a specific number of clients

Front 25

Nurses are obligated to follow physician's orders unless

Back 25

they believe the orders are in error or would harm clients

Front 26

A nurse should not proceed to perform a physician's order if

Back 26

it is foreseeable that harm will come to the client

Front 27

The physician should _ all orders, and the nurse _ make sure that they are _ correctly

Back 27

write; must; transcribed

Front 28

If a verbal order is necessary (e.g., during an emergency), it should be

Back 28

written and signed by the physician as soon as possible, usually within 24 hours

Front 29

Risk management

Back 29

is a system of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs

Front 30

The steps involved in risk management include

Back 30

Identifying possible risks, analyzing them, acting to reduce the risks, and evaluating the steps taken

Front 31

The nurse's documentation can be

Back 31

the evidence of what actually was done for a client and can serve as proof that the nurse acted reasonably and safely

Front 32

Documentation should be

Back 32

thorough, accurate, and performed in a timely manner

Front 33

One area of risk is

Back 33

associated with the use of electronic monitoring devices

Front 34

In the operating room, _, _, and _ counts are routine surgical standards to prevent client injury and lawsuits

Back 34

sponge, needle, and instrument