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109 Cards in this Set
- Front
- Back
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The most important law in nursing is the ____ Practice Act.
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Nurse
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The _____ legislature establishes the nurse practice act
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State
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Rules that prescribe and control social conduct in a formal and legally binding manner. The sum total of rules and regulations by which a society is governed. Is called what
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Law
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Who makes up the Board of Nursing? there are a total of __ members, _ Registered nurses, _ LPNs, and _ members of the General Public.
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11: 6: 2: 3
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Who appoints the BON?
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Governer
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HOw long is the appointment term for a member of the BON and then after that is?
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4year, 2 year
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Qualifications for a BON
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us and State resident, License to practice in that state and practiced for 5 years and must be actively practicing
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Name some funcitons of the BON
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Must approve, deny, or revoke nursing schools, Responsible for examination of nurisng kansas, Issuing licenses, committee that looks at the illegal practices, and has the ability to deny licenses to applicants.
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To be a LPN you need a ____ degree of competency. Renewel is every _ years. You need __ CEUs every 2 years and the cost for renewel is __ bucks
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minimum, 2, 30, 60
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Name 5 things that can revoke or suspend your license?
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fraud, conduct, dishonesty, drug abuse, assisted suicide
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The hospital policies and procedures is set up by the ____ of Nursing for allowable scope of practice. Not allowed to expand the scope of practice until otherwise notified.
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Department
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Skills and learning we all have for the mimimum criteria for proficiency, based on what a reasonably prudent nurse would do in like circumstances. It looks at the quality of practice. There are two sources. Internal and external
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Standards of care
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These standards are set up by institutions. Each hopsital has its own standards of care: Job description, education requirments, policies and procedures.
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Internal standards
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These standards are set up by the BON, Professional organizations, Speciality Nursing organizations, Federal organizations and federal regulations
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External standards
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How do nurses maintain competence with standards of care?
_____ and follow policies and procedures. Stay up to date with ____ (continuting edcuations). Be familiar with the Nurse ____ act |
know. CEUs. Practice
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Emergency situation. can't turn away a patient for no insurance. Can't dump people off on another hosptial.
EMTALA, HCQIA, ADA, PSDA, DHHS-HIPPA, NMHPA, NLRA |
EMTLA
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health care quality improvement act. People can look at their health care providers and see if they've had any discrepancies on their record
EMTALA, HCQIA, ADA, PSDA, DHHS-HIPPA, NMHPA, NLRA |
HCQIA
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Americans with disabilities act- designed to prevent discrimination with disabilities. But also someone who is ineffective- Protects the worker
EMTALA, HCQIA, ADA, PSDA, DHHS-HIPPA, NMHPA, NLRA |
ADA
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patient self determination act- requires if pt. has advanced directives or if they need information on it.
EMTALA, HCQIA, ADA, PSDA, DHHS-HIPPA, NMHPA, NLRA |
PSDA
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health insurance portability accountability act. built to protect discrimination of disabilities previous to the insurance.
EMTALA, HCQIA, ADA, PSDA, DHHS-HIPPA, NMHPA, NLRA |
DHHS-HIPPA
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and mothers health protection act- control on health insurance. sending momma and baby home within 12 hours. Sometimes we don’t' see problems till 24-72 hours. Restricts insurance companies from not paying coverage. 48 for a vag… 96 c-section
EMTALA, HCQIA, ADA, PSDA, DHHS-HIPPA, NMHPA, NLRA |
NMHPA
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National labor relations act- establishes right to form a collectively bargaining unit.
EMTALA, HCQIA, ADA, PSDA, DHHS-HIPPA, NMHPA, NLRA |
NLRA
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This is the law of the land. Bill of Rights, Amendments to the constitution.
Constitutional, Statutory, Administrative, judicial |
Constitutional law
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Civil Law. Tort Law, Contract Law, criminal Law (penal codes) Establishes Nurses practice acts.
Constitutional, Statutory, Administrative, judicial |
Statutory Law
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board of nursing. Regulatory Boards. City ordinances.
Constitutional, Statutory, Administrative, judicial |
Administrative Law
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Courts of law. Trial Level, Appellate level. Supreme Court Level
Constitutional, Statutory, Administrative, judicial |
Judicial law.
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This type of law was developed to protect society form actions that threaten its existence.
Criminal or Civil |
Criminal Law
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This law is definied as relationships among individuals. Monetary awards for damages is given. No imprisonment. Money is collected by the individual who was hurt. Legal rights of persons, Regulates conduct b/t private persons, possible moentary compensation, Malpractice law
Criminal or Civil |
Civil Law
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Contract Law, Labor Law, Patent Law, Tort law are subgroups of ___ law
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civil
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4 elements of this law.
A promise or agreement b/t two or more persons. Must be writen or oral. Mutual understanding of the terms A lawful purpose Compensation in the form of something of value if broken |
Contract law
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no formal discussion, but law implies it to be in existence
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Implied contract law
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wrongful act that is committed against another person or property that results in harm. Based on fault. can be intentional or unintentional
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Tort
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Tort= civil wrong
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info
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Name the intentional torts:
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assault, battery, Fraud, invasion of privacy, defammation of character, False imprisoment
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This is the act of threatening someone.
assault, battery, Fraud, invasion of privacy, defammation of character, False imprisoment |
assault
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this is unconsented touching including people's belongings
assault, battery, Fraud, invasion of privacy, defammation of character, False imprisoment |
battery
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this allows the person to be free from unwarranted exposure or publicity
assault, battery, Fraud, invasion of privacy, defammation of character, False imprisoment |
invastion of privacy
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This is the interference of a person's right to move
assault, battery, Fraud, invasion of privacy, defammation of character, False imprisoment |
False imprisonment
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This is talking about other people to other people and a 3rd party hears it.
assault, battery, Fraud, invasion of privacy, defammation of character, False imprisoment |
Defamation of character
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Oral defamation of character
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Slander
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Written defammation of character.
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Libel
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Failure to do something at which a "reasonable" person would do , or doing something which a reasonable and prudent person would not.. This is unknown as an unintentional Tort.
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Negligence
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This unintentional tort is the failure of a professional person to act in accordancewith prevailing professional standards or failure to foresee consequences that a professional person, having the necessary skills and education, should forsee.
malpractice. negligence |
Malpractice
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5 elements of negligence/malpractice
____ of care Breach of ____ Reasonable Foreseeability Causation of ____ Actual ____ |
Duty, duty, injury, injury
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Which element of malpractice is this:
failing to monitor the patient. Duty Owed. Breach of duty owed. Foreseeability. Causation. Injury |
Duty Owed
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Failing to report a change in patient status.
Duty Owed. Breach of duty owed. Foreseeability. Causation. Injury |
Breach
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Failing to report another providers incompetence
Duty Owed. Breach of duty owed. Foreseeability. Causation. Injury |
Forseeability
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Failing to provide for patient safety, imporper restraint, or improper medciation administration.
Duty Owed. Breach of duty owed. Foreseeability. Causation. Injury |
Causation
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Allowing a patient to be burned
Duty Owed. Breach of duty owed. Foreseeability. Causation. Injury |
Injury
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causes of malpractice claims
failure to _____ and ____ ( fall risk, Braden scale failure to ____ Failure to ____ Failure to _____ Think of nursing care plan |
assess and diagnose, plan, implement, evaluate
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True or false. one of hte biggest malpractice suits is precaustions to prevent falls.
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True
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Preventing Lawsuits
Know the _____ practice act Be familiar with the job _____ and limitations. Be familiar with the facilities ____ and ____ Have concern for patient welfare |
nurse practice. description. Policies and procedures
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Effective documentation should be accurate, timely, complete and factual.
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Info
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This type of coverage is only during active policy periods.
Claims, Occurance |
Claims
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This provides coverage for future claims.
Claims, Occurance |
Occurance
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This term indicates a careless disregard for a patients well being. My son has a game so I'm leaving early. This happens to floatin nurses usually
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Patient abandoment
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T or F.. You ahve the right to refuse taking assignments. If you have too many people to take care of you don't have to accept anybody else.
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True
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T or F. If a pt. expreses concern and we do nothing or chart nothing. You can be charged with abandonment and malpractice
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True
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2 things are needed for informed consent. Information and Consent.
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info
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Consent must be voluntary, without coercion, force or manipulation
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info
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There are exceptions to informed consent. Emergencies and waivers for patients who don't want to know information
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info
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Physicians must explain nature of the treatment, risks involved, complications, benefits and alternative treatments
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info
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The nurses role in informed consents is we are the patients _____, witnessing the signature and documenting.
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Advocate
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T or F. Competent adults can give consent
T or F Legal guardians can give consent T or F. With Incompetent adults. Court order for treatment, Temperoary conservatorship, closed availaBLE RELATIVE |
True
Ture Ture |
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T or F. Peope who has taken opiods can't give consent till _ hours afterards
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True. 4
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This is the consent needed for all procedures a nurse performs on a patient. Immunizationss, assessments, Vital Signs, Dressing changes, Catheterizations.
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Informal or implied
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In the good samaritan law: the assistance must be _____, the person reciving help must not ____ to being helped, and your actions must be a good faith ___ to help
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voluntary, object, efort
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Name the 3 conditions of Good Smaraitan Immunity.
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Care given at scene of emergency
outside place and course of employment No gross negligence |
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What 3 things need to be reported to the health department
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Commuincable disease, Immunizations, Abuse
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Provision 3 is nurses with substance abuse problems. Narcotics addiction is 3x higher than general public
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info.
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This type of program is internal. Diversion programs establish reporting procedures, person mnust go to support groups like AA, subject to ransdom blood screenings and a return to work contract.. I will not use
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Peer assistance programs.
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How long after graduation do you ahve to take the board exam? `
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24 months
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List two grounds for disciplinary action
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To be guilty of fraud
Using drugs or alcohol |
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What professionals are regulated by the nurse practice act?
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Rn, LPN, ANESTH, LMHT, ARNP
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How to renew your license
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The BON will send you the documents, fill out the renewel application and the fee
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A confidential program for those at risk for or experiencing impaaired practice
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KNAP. Kansas nurses assistance prgram
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How do you get involved with KNAP
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Self referals, co-workers employer, family and frients.
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Is KNAP a confidential program
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Yes
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Causes and concerns that someone needs to go be in knap
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Fluctuations in the quality of work performance. Complaints from others about work performance or alcohol or drug use
obvious intoxications such as swaying, staggering or slurred speech. |
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These are records of an unfavorable deviation of expectations involving patient care. Known as ___ reports
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incident
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Incident reports are known to ____ quality of care. ____ potential problems. ____ occurrences in the future.
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improve, identify, decrease
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IR are privileged communications, just the facts, the persons who witnessed or discovered the
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info
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This is a professional organization for licenced practical nurses and licensed vocaitonal nurses.
NFLPN, NAPNES, NLN, HOSA |
NFLPN
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The organization that is respnsible fo the lesgislation that provides for licensure and education of pratical nursing in the US
NFLPN, NAPNES, NLN, HOSA |
NAPNES
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The organization that sets standards and accrediation for nursing edcuation.. NURSING SCHOOLS
NFLPN, NAPNES, NLN, HOSA |
NLN
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A student organization whose mission is to promote career opportunities in health care and to enhance the delivery of qualty health care to all people
NFLPN, NAPNES, NLN, HOSA |
HOSA
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Failure to provide the standard of care resulting in injury to the patient is
a. damages b. professional negligence c. breach of standard of care d. breach of duty |
B
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When you accept care of a patient under your scope of practice, which legal element exists?
a. duty to pt. b. duty to employer c. elemet of reason and logic d. element of justice |
a
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in a prfessional negligence case, the plaintiff must prove that care provided by a nurse was.
a. reasonable b. standard c. prudent d. sub-standard |
d
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all of the following are "red flags" except
a. erased entries b. late entries c. incomplete entries d. sequentially timed entries |
D
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Assessmetn documentations should be
a. objective b. subjective c. use lables to describe behavior d. paraphrase the patients words |
a
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Documentation of patients assessments or treatments should be done
a. at the time of care b. within 1 hour c. withinb 4 hours d. at the end of shift |
a
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You may be expoed to malpractice claims, even when none is warranted if you deviate from your facility's polices on
a. edcuation b. pt assignments c. documentation d. shift report |
c
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after an adverse event what info shouldn't be documented in the pt. medical record?
a. date and time of event b. assessment of the pt. condition c. medical interventions d. notation that an event report was completed |
d
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in gneral, event reports are sent from the nursing care unit to
a. attorney b. the DON c. risk managment d. themedical director |
c
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One of hte most common causes of negligence lawsuits involving nurses is allegations of
a. assessmetn errors b. medciation errors c. communciation delays d. inadequate monitoring |
b
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The most important factor in avoiding legal problem is
a. documeting care properly b. having med malpractice insurance c. requiring supervsion d. avoiding unsafe pt assignments. |
a
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when a late entry is made several days after it should have been made you should
a. include a rationale for the delay b. don't mention why its late c. notify risk managment d notify nursing administration |
C
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what are the two mosty common causes of malpractice claims against nurses?
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Failure to follow standards fo care, failure to communicat
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The first thing to do if named in malpractice suit
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notify malpractice insurance ccarrier
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List one method that helps prevent Malpractice claims.
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Understand the principles of malpracitce suits
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A plaintiff must prove what 4 things in order to win a malpractice suit?
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You owed them a specific duty (standard of care)
That you breached The plaintiff was harmed That your breach caused harm. |
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The most common intentional tort alleged against hosptial staff is _____
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battery
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A nurse places restratints on a patient who tends to wander the halls at night.
False imprisonment, Assault, invasion of privacy, fraud, defamation of character, batter |
False
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" if you don't use the bathroom, I will put a catheter back in."
False imprisonment, Assault, invasion of privacy, fraud, defamation of character, batter |
Assalut
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Dropping your brians in a parking lot at WM.
False imprisonment, Assault, invasion of privacy, fraud, defamation of character, batter |
invasion of privacy
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Representing yourself as an RN when you are an LPn
False imprisonment, Assault, invasion of privacy, fraud, defamation of character, batter |
Fraud
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Discussing the faults of a nurse when someone overhears it.
False imprisonment, Assault, invasion of privacy, fraud, defamation of character, batter |
Defamation
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Peforming an assessment on a patient without their permission.
False imprisonment, Assault, invasion of privacy, fraud, defamation of character, batter |
Battery.
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