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20 Cards in this Set

  • Front
  • Back
"Society took greater interest in the safe delivery of health care following the 1999 report published by the Institute of Medicine, To Err Is Human. This report estimated that between 44,000 and 98,000 Americans die each year due to preventable errors "
"In the case of Winkelman v Beloit Memorial Hospital (1992), the court found that the employer needed to provide the training and education to prepare nurses to work in an area outside of their normal assignment. "
"nurses who worked shifts lasting 12.5 hours or more had a three-times greater likelihood of making an error. "
"The physician is responsible for directing medical treatment. Nurses follow physicians' orders unless they believe the orders are in error or harm clients."
"In a malpractice lawsuit against a physician or health care provider and a hospital, one of the most frequently litigated issues is whether the nurse kept the physician or health care provider informed of the client's condition."
"The Community Health Accreditation Program (CHAP), as well as other state and federal standards, requires institutions to have guidelines for determining the number (staffing ratios) of nurses required to give care to a specific number of clients."
"One such example is in a class-action suit, Spires v. Hospital Corporation of America, filed on April 10, 2006. The wife claims there was poor client care related to insufficient registered nurse (RN) staffing and that the poor nurse-staffing levels led to the resultant death of her husband. This suit emphasizes the potential seriousness of short staffing and the importance of nurses' asserting employee rights."
"In an attempt to address the short-staffing problem, California is the first state and so far only state to adopt legislation (California Assembly Bill 394 [AB394]) mandating a fixed nurse-to-client ratio for all areas of acute care nursing. "
"Do not walk out when staffing is inadequate, because this constitutes abandonment."
"In 1973 in the case of Roe v Wade, the U.S. Supreme Court ruled that there is a fundamental right to privacy, which includes a woman's decision to have an abortion. "
"In 1989 in the case of Webster v Reproductive Health Services the court substantially narrowed the Roe v Wade case."
"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 "
"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 nurse's signature witnessing the consent means that the client voluntarily gave consent, that the client's signature is authentic, and that the client appears to be competent to give consent"
"Assault is any intentional threat to bring about harmful or offensive contact. "
"Battery is any intentional touching without consent. "
"The tort of false imprisonment occurs with unjustified restraining of a person without legal warrant"
"Malpractice or professional liability insurance is a contract between the nurse and the insurance company. Malpractice insurance provides for a defense when a nurse is in a lawsuit involving professional negligence or medical malpractice. As part of the insurance contract, the insurance company pays for any judgment or settlement of the case and pays for the attorney's fees generated in the representation of the nurse. "
"The tort of invasion of privacy protects the client's right to be free from unwanted intrusion into his or her private affairs. "
" Intentional torts are willful acts that violate another's rights, such as assault, battery, and false imprisonment. Quasi-intentional torts are acts where intent is lacking but volitional action and direct causation occur, such as found with invasion of privacy and defamation of character. The third classification of tort is the unintentional tort, which includes negligence or malpractice."
"A number of courts have stated that when a health care provider negligently alters or loses medical records relevant to a malpractice claim, the health care provider has to demonstrate why these events occurred. "
"The ADA (1990) is a very broad civil rights statute. It protects the rights of disabled people. It is also the most extensive law on how employers must treat health care workers and clients infected with the human immunodeficiency virus (HIV). "
" TJC (2006) guidelines state that health care providers can use restraints (1) only to ensure the physical safety of the resident or other residents, (2) when less restrictive interventions are not successful, and (3) only on the written order of a physician or health care provider. "
"It is important to note that application of restraints in violation of state and federal regulations constitutes abuse."
"An individual who is at least 18 years of age has the right to make an organ donation"
"The National Organ Transplant Act of 1984 prohibits the purchase or sale of organs."
"The legal guidelines that nurses follow come from statutory law, regulatory law, and common law. Elected legislative bodies such as state legislatures and the U.S. Congress create statutory law."
"Nurse Practice Acts describe and define the legal boundaries of nursing practice within each state. "
" Americans With Disabilities Act (ADA) (1990). This statute protects the rights of handicapped individuals in the workplace, in educational institutions, and throughout our society. "
"An example of regulatory law is the duty to report incompetent or unethical nursing conduct to the State Board of Nursing."
"Examples of common law include informed consent and the client's right to refuse treatment. However, the nurse most frequently encounters common laws involving negligence and malpractice."
"Civil laws protect the rights of individual persons within our society and encourage fair and equitable treatment among people"
"Criminal laws prevent harm to society and provide punishment for crimes"
"Nursing standards of care are set out in every state's Nurse Practice Act, by the federal and state laws regulating hospitals and other health care institutions, by professional and specialty nursing organizations, and by the policies and procedures established by the health care facility where nurses work"
" A breach of the nursing standard of care is one element that must be proven in the tort of nursing negligence or malpractice "
"Nurse Practice Acts establish educational requirements for nurses, distinguish between nursing and medical practice, and generally define the scope of nursing practice."
"Risk management is a system of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs "
"Never document in the client's medical record that an occurrence report was completed."
"Nurses need to be involved in their professional organizations and on committees that define the standards of care for nursing practice. "
END