Fundamentals Of Nursing Exam #1 - Legal Aspects In Nursing

Front 1

Describe what is meant by "Standards of Care."

Back 1

Legal guidelines used to:

1) measure nursing conduct

2) determine whether or not the nurse acted as any reasonable prudent nurse would act under the same or similar situation.

Front 2

What are the legal guidelines used to measure nursing conduct and determine whether or not the nurse acted as any reasonable prudent nurse would act under the same or similar situation called?

Back 2

Standards of Care

Front 3

Differentiate the sources from which the standards of care derive.

Back 3

1) Nurse practice act of each state

2) Professional nursing organizations

3) Healthcare facility/agency policies and procedures

Front 4

The following identifies with which Standard of Care:

Statutes created and enacted by the legislature of each state; Rules and regulations created by state boards of nursing impose regulatory law on nursing practice

Back 4

Nurse practice act of each state

Front 5

The following identifies with which Standard of Care:

JCAHO (Joint Commission on Accreditation of Healthcare Organizations), ANA, Individual institutions

Back 5

Professional nursing organizations

Front 6

This federal statute (law):

- Protects patients and workers
- Must provide reasonable accommodations
- Nondiscrimination based on disease/disability

Back 6

Americans With Disabilities Act

Front 7

This federal statute (law):

- Must provide stabilizing treatment

Back 7

Emergency Medical Treatment and Active Labor Act

Front 8

This federal statute (law):

- Is state specific
- Requires that the patient be given written information explaining his right to refuse treatment
- Includes documentation as in a living will or power of attorney (asked in admitting or ER)

Back 8

Advance Directives

Front 9

This federal statute (law):

- Allows a competent client to make an informed decision to donate all or part of his body for organ donation or medical research after death.

Back 9

Uniform Anatomical Gift Act

Front 10

This federal statute (law):

- Prohibits health insurance companies from discriminating based on health status
- Sets standards regarding the exchange of private and sensitive health information

Back 10

HIPAA (Health Insurance Portability and Accountability Act)

Front 11

What is the purpose of a living will?

Back 11

A living will is a written declaration of a patient's wishes for health care in the event the patient is not able to communicate.

Front 12

What is the purpose of a durable power of attorney?

Back 12

A durable power of attorney is a written declaration stating that another person may act on behalf of the patient in the event the patient is unable to do so.

Front 13

Identify the student nurse’s responsibility in the clinical setting for applying HIPAA guidelines.

Back 13

1) Confidentiality of records
2) Use only initials on documents
3) Avoid conversations in public areas, with family
4) No Duplication of hospital records (Medication sheets, lab results)

Front 14

Explain licensure as a legal requirement.

Back 14

Per Nurse Practice Act, Licensure permits a nurse to provide special skilled services to the public while providing the public with certain assurances concerning the quality of those services in their state

- Must pass NCLEX

- Licensure may be suspended or revoked for improper conduct

Front 15

Explain the Florida Nurse Practice Act including the role of the State Board of Nursing

Back 15

The Board:

- adopts rules
- develops standards for nursing programs
- disciplines nurses who violate regulations

Front 16

A willful act that violates another's rights.

Back 16

Intentional Tort

Front 17

The following are examples of what:

- Assault (threaten)
- Battery (physical contact)
- False Imprisonment
- Fraud
- Invasion of privacy

Back 17

Intentional Tort

Front 18

Identify the following tort:

- A threat to cause harm

Back 18

Assault

Front 19

Identify the following tort:

- Offensive physical contact
- Performing without consent

Back 19

Battery

Front 20

Identify the following tort:

- Restraining or detaining a competent patient against his will

Back 20

False-Imprisonment

Front 21

Identify the following tort:

- Misleading another person
- Ex. Nurse telling a lie; failing to disclose information; making a statement in reckless disregard of whether it is truthful or accurate

Back 21

Fraud

Front 22

Identify the following tort:

- Violates a person's right to be free from unwanted interference in his private affairs
- Patient privacy per HIPAA

Back 22

Invasion of Privacy

Front 23

Identify the following tort:

- Client's and family members believe that care was unprofessional and did not measure up to standard practice

Back 23

Negligence and Malpractice

Front 24

Name the most common causes of patient injury due to negligence.

Back 24

- Failure to recognize changes in patient condition
- Failure to communicate
- Medication errors, IV therapy errors, infiltrations/phlebitis
- Burns, Falls
- Errors in sponge, instrument, or needle counts (surgery)
- Failure to follow orders/protocols
- Failure to document
- Failure to report an impaired co-worker

Front 25

How can patient injury due to negligence be prevented?

Back 25

Nurses can follow their state's nurse practice act.

(Which will include: Assess thoroughly, often, and communicate changes in condition; follow up on labs/reports done on your patients, communicate abnormals; Know hospital policy and procedures; Medications, know what you are giving, follow protocol, check ID every time; LISTEN to your patients and develop rapport with clients and families; Document in a timely and thorough manner; Know current best practices and keep up with new developments; Attend to patient safety; provide confidentiality and privacy)

Front 26

List the criteria used for establishing malpractice.

Back 26

1) Duty to the patient
2) Breach of the duty
3) Causation
4) Damages

Front 27

The following is an example of which criteria for malpractice:

The nurse fails to meet standard of care (job description, work policies, nurse practice act...)

Back 27

Breach of the duty

Front 28

The following is an example of which criteria for malpractice:

The act or failure to act caused foreseeable injury

Back 28

Causation

Front 29

The following is an example of which criteria for malpractice:

The plaintiff proves that there has been actual injury or damage.

Back 29

Damages

Front 30

Explain the nurse’s role in obtaining consents.

Back 30

- Witnessing client’s signature on a consent form
- You are NOT responsible to explain the procedure, treatments or options
- Must notify physician or supervisor if concerned

Front 31

List factors required for informed consent.

Back 31

1) Completeness (Disclosure) - tell patient everything regarding a treatment decision

2) Comprehension - The patient must understand the explanation.

3) Voluntariness - The patient must be free to accept or reject the treatment; no pressure or coercion to give consent.

4) Competence - The patient (or guardian) must have the capacity to understand the information and make a choice about THIS situation.

Front 32

Identify the legal liability of students.

Back 32

1) Prepare carefully for clinical
2) Never attempt a procedure or make judgement about which you feel unsure
3) Notify your instructor or staff nurse regarding significant changes in your patient

Front 33

What does liability insurance provide?

Back 33

Liability insurance provides some legal protection from nursing malpractice; the insurance company pays for the attorney's fees and for any judgement or settlement.

Front 34

Identify liability insurance issues.

Back 34

Most policies have exclusions (items not covered).

Common exclusions are: AIDS transmission, sexual abuse, injury under the influence, criminal activity and punitive damages.

Front 35

The following is an example of which factor regarding informed consent:

Informing patient everything regarding a treatment decision

Back 35

Completeness (Disclosure)

Front 36

The following is an example of which factor regarding informed consent:

The patient must understand the explanation.

Back 36

Comprehension

Front 37

The following is an example of which factor regarding informed consent:

The patient must be free to accept or reject the treatment; no pressure or coercion to give consent.

Back 37

Voluntariness

Front 38

The following is an example of which factor regarding informed consent:

The patient (or guardian) must have the capacity to understand the information and make a choice about THIS situation.

Back 38

Competence