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10 Cards in this Set

  • Front
  • Back
The nurse should understand law primarily because the nurse:
A. Wants to avoid lawsuits
B. Can be an advocate for clients
C. Is mandated to review law to keep licensure
D. Can protect the hospital from minor lawsuits
b. As an advocate for the client, the nurse must make sure that "safe, effective care" is given as directed by the Nurse Practice Act (NPA). The client is the primary recipient of care and is the most important in health care relationships. Self, hospital, and physicians are secondary to the outcomes with clients
Nurses are bound by a variety of laws. Which description of a type of law is correct?
A. Statutory law is created by elected legislature, such as the state legislature that defines the Nurse Practice Act (NPA)
B. Regulatory law includes prevention of harm for the public and punishment for those laws that are broken.
C. Common law protects the rights of the individual within society for fair and equal treatment.
D. Criminal law creates boards that pass rules and regulations to control society.
a. Statutory law is created by legislature. It creates statues such as the NPA, which defines the role of the nurse and expectations of the performance of one's duties and explains what is contraindicated as guidelines for breech of those regulations.
Besides the Joint Commission on Accreditation of Healthcare Organizations (JACHO), which governing agency regulates hospitals to allow continued safe services to be provided, funding to be received from the government, and penalties if guidelines are not followed?
A. Board of Nursing Examiners (BNE)
B. Nurse Practice Act (NPA)
C. American Nurses Association (ANA)
D. Americans With Disabilities Act (ADA)
d. If the hospital fails to follow ADA guidelines for meeting special needs, the facility loses funding and status for receiving low-income loans or reimbursement of expenses. ADA protects the civil rights of disabled people. It applies to both the hospital clients and hospital staff. Privacy issues for persons who are positive for human immunodeficiency virus (HIV) have been one issue in relationship to getting information when hospital staff have been exposed to unclean sticks. The ADA allows the infected client the right to choose whether or not to disclose that information.
The nurse would be following which act when requesting that the client give permission to copy the medical reports for the insurance company?
A. Uniform Anatomical Gift Act
B. Mental Health Parity Act
C. Health Information Portability and Accountability Act (HIPAA)
D. Americans With Disabilities Act
c. HIPAA was enacted to control information distribution and allow the client to take control of where information is sent. Permission is now required for insurance companies to receive parts of charts that are relevant to their needs. This act prevents all information from being spread to those who do not have a need for such information. With electronic information transference, these new guidelines will limit availability of information to only those who truly need that information.
When a client is confused, left alone with the side rails down, and the bed in a high position, the client falls and breaks a hip. What law has been broken?
A. Assault
B. Battery
C. Negligence
D. Civil tort
c. Knowing what to do to prevent injury is a part of the standards of care for nurses to follow. Safety guidelines dictate raising the side rails, staying with the client, lowering the bed, and observing the client until the environment is safe. As a nurse, these activities are known as basic safety measures that prevent injuries, and to not perform them is not acting in a safe manner. Negligence is conduct that falls below the standard of care that protects others against unreasonable risk of harm.
The best way for nurses to avoid being liable for negligence might be to do all of the following except:
A. Following standards of care
B. Giving safe competent care with a caring manner
C. Documenting assessments, interventions, and evaluations as soon as possible
D. Not reporting someone whose professional behavior you question
d. This is the exception or action that would involve liability for negligence on your part. You are by law and guidelines of the NPA to report any unsafe or unethical professional behaviors that are observed. Ignoring bad behavior does not relieve you of your duty. In court, if you are aware of another's deeds that have created harm, you become an accomplice to the crime and can be punished, in addition to the perpetrator.
When signing a form as a witness, your signature shows that the client:
A. Is fully informed and is aware of all consequences
B. Was awake and fully alert and not medicated with narcotics
C. Was free to sign without pressure
D. Has signed that form and the witness saw it being done
d. Your signature as a witness only states that the person signing the form was the person who was listed in the procedure.
Which criterion is needed for someone to give consent to a procedure?
A. An appointed guardianship
B. Unemancipated minor
C. Minimum of 21 years or older
D. An advocate for a child
a. A guardian has been appointed by a court and has full legal rights to choose management of care.
b. An emancipated minor can choose, but one who is not emancipated must seek permission from his or her guardian or parent for procedures. Emancipation comes when a minor is married or the court has given emancipation for the person living and supporting himself or herself without assistance of others.
c. The client can be at least 18 and not 21 to give permission for procedures as long as the client is competent.
d. An advocate does not have a legal right to choose management. An advocate speaks for a child or an adult when they cannot speak for themselves but does not have the legal right to choose the management of care or to give consent.
Which statement is correct?
A. Consent for medical treatment can be given by a minor with a sexually transmitted disease (STD).
B. A second trimester abortion can be given without state involvement.
C. Student nurses cannot be sued for malpractice while in a nursing clinical class.
D. Nurses who get sick and leave during a shift are not abandoning clients if they call their supervisor and leave a message about their emergency illness.
a. Anyone, at any age, can be treated without parental permission for an STD infection. The client is "advised" to contact sexual partners but is not "required" to give names. Permission from parents is not needed, based upon current privacy laws
Most litigation in the hospital comes from the
A. Nurse abandoning the clients when going to lunch
B. Nurse following an order that is incomplete or incorrect
C. Nurse documenting blame on the physician when a mistake is made
D. Supervisor watching a new employee check his or her skills level
b. The nurse is responsible for clarifying all orders that are illegible, unreasonable, unsafe, or incorrect. The failure of the nurse to question the physician about an order creates an area of liability on the nurse's part because this is perceived as a medical action and not the role of the nurse to write orders. Some RNs do have prescriptive privileges based upon advanced degrees and certification. Therefore the nurse who cannot correct the order must document that the physician was called and clarification or a new order was given to correct the unclear or illegible one that was currently on the chart. Phone calls, follow-up, and lack of follow-up by the physician should also be documented if there is a problem with getting the information in a timely manner. The nurse must show the sequence of events of a situation in a clear manner if there is any conflict or question about any orders or procedures that were not appropriate. Assessments and documentation of the client's status should also be included if there is a potential risk for harm present. Contact of the staff's chain of command should also be specifically stated for the proof of the responsibilities being followed according to hospital policy.