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34 Cards in this Set

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Four types of invasion of privacy torts are
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
Defamation of character
is the publication of false statements that result in damage to a person's reputation
Malice
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
Slander
If the statement is presented orally
Libel
If the statement is made in writing
Negligence
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
Malpractice
Is one type of negligence; it is referred to as professional negligence
Nurses can be found liable for malpractice if the following criteria are established
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
Examples of negligence
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.
The best way for nurses to avoid being liable for negligence is to
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.
A signed consent form is required for
all routine treatment, hazardous procedures such as surgery, some treatment programs such as chemotherapy, and research involving clients.
A client signs a _ consent forms when admitted to the hospital
general
Separate special consent or treatment forms must be signed
by the client or a representative before specialized procedures or treatment are performed
Informed consent
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
The following factors are required for informed consent
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
Because nurses do not perform surgery or direct medical procedures, in most situations, obtaining clients' informed consent
does not fall withing the nursing duty
Even though the nurse assumes the responsibility for witnessing the client's signature on the consent form, the nurse
does not legally assume the duty of obtaining informed consent
If clients deny understanding or the nurse suspects they do not understand, the nurse must
notify the physician or nursing supervisor and must make certain that clients are informed before signing
If the client is unconscious, consent must be obtained from a
person legally authorized to give consent on the client's behalf
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
may be undertaken without liability for failure to obtain consent
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
student, instructor, hospital or health care facility, and university or educational institution
Malpractice insurance provides
for a defense when a nurse is sued for professional negligence or medical malpractice
The insurance company pays for
any judgment or settlement of the case and also pays for the attorney's fees generated in the representation of the nurse.
JCAHO requires institutions to have guidelines for determining the number of nurses required
to give care to a specific number of clients
Nurses are obligated to follow physician's orders unless
they believe the orders are in error or would harm clients
A nurse should not proceed to perform a physician's order if
it is foreseeable that harm will come to the client
The physician should _ all orders, and the nurse _ make sure that they are _ correctly
write; must; transcribed
If a verbal order is necessary (e.g., during an emergency), it should be
written and signed by the physician as soon as possible, usually within 24 hours
Risk management
is a system of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs
The steps involved in risk management include
Identifying possible risks, analyzing them, acting to reduce the risks, and evaluating the steps taken
The nurse's documentation can be
the evidence of what actually was done for a client and can serve as proof that the nurse acted reasonably and safely
Documentation should be
thorough, accurate, and performed in a timely manner
One area of risk is
associated with the use of electronic monitoring devices
In the operating room, _, _, and _ counts are routine surgical standards to prevent client injury and lawsuits
sponge, needle, and instrument