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66 Cards in this Set
- Front
- Back
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Categories of Negligence that Result in Malpractice:
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* Failure to follow standards of care
* Failure to use equipment in a responsible manner * Failure to communicate * Failure to document * Failures to assess and monitor * Failure to act as a patient advocate |
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Categories of Negligence that Result in Malpractice:
*Failure to follow standards of care: |
* perform a complete admission assessment or design a plan of care
* Adhere to standardized protocols or institutional policies and procedures |
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Categories of Negligence that Result in Malpractice:
*Failures to use equipment in a responsible manner |
* follow the manufacture's recommentdations for operating the equipment
* check equipment for safety prior to use * place equipment properly during treatment * learn how equipment functions |
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Categories of Negligence that Result in Malpractice:
*Failure to communicate: |
* notify a physician in a timely manner when conditions warrant it
* listen to a clients complaints and act on them * communicate effectively with a client * seek higher medical authorization for a treatment |
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Categories of Negligence that Result in Malpractice:
*Failure to document: |
* a clients progress and response to treatment
* a clients injuries * pertinent nursing assessment information * a physician's medical orders * information on telephone conversations with physicians, including time, content of communication between nurse and physician, and actions taken |
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Failure to act as a patient advocate:
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* question discharge orders when a clients condition warrants it
* question incomplete or illegible medical orders * provide a safe environment |
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ANA Standards of Nursing
* Assesment |
collects comprehensive data pertinent to the patient's health or the situation
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ANA Standards of Nursing
* Diagnois |
analyzes the assessment data to determine the diagnosis or issues
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ANA Standards of Nursing
* Outcomes Identification |
Identifies expected outcomes for a plan individualized to the patient or the situation
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ANA Standards of Nursing
* Planning |
Develops a plan the prescribes strategies and alternative to attain expected outcomes
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ANA Standards of Nursing
* Implementation |
* coordination of care
* health teaching and health promotion * consultation * prescriptive authority and treatment * treatment and evaluation |
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ANA Standards of Nursing
* Quality of Practice |
systematically enhances the quality and effectiveness of nursing practice
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ANA Standards of Nursing
* Education |
attains knowledge and competency that reflects current nursing practices
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ANA Standards of Nursing
* Professional Practice Evaluation |
Evaluates one's own nursing practice in relation to professional practice standards and guidelines, relevant statutes, rules, and regulations.
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ANA Standards of Nursing
* Collegiality |
Interacts with and contributes to the professional development of peers and colleagues.
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ANA Standards of Nursing
* Collaboration |
Collaborates with patient, family, and others in the conduct of nursing practices.
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ANA Standards of Nursing
* Ethics |
Integrates ethical provision in all areas of practice.
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ANA Standards of Nursing
* Research |
Integrates research findings into practice.
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ANA Standards of Nursing
* Resource Utilization |
Considers factors related to safety, effectiveness, cost, and impact on practices in the planning and delivery of nursing services.
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ANA Standards of Nursing
* Leadership |
Provides leadership in the professional practice setting and the profession.
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Tort
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A civil wrong committed against a person or a person's property and usually litigated in court by civil action between individuals.
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Crime
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An act, intentional or unintentional, committed to violation of public criminal law and punishable by a fire or imprisonment.
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Unintentional Tort:
Negligence |
A misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person. Such conduct places a person at risk for harm.
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Unintentional Tort:
Gross Negligence |
Extreme lack of knowledge, skill, or decision making that the person clearly should have known.
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Unintentional Tort:
Malpractice |
"Professional Negligence" or negligence that occurred while the person was performing as a professional.
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5 elements that must be present for a case of nursing malpractice to be proven:
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* Duty
* Breach of Duty * Foreseeability * Causation * Harm or Injury |
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Duty
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The nurse must have a relationship with the client that involves providing care and following an acceptable standard of care.
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Breach of Duty
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There must be a standard that is expected in the specific situation that the nurse failed to observe.
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Foreseeability
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A link must exist between the nurse's act and the injury suffered.
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Causation
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It must proved that the harm occurred asa direct result of the nurse's failure to follow the standard of care and that the nurse could have or should have known that failure to follow the standard of care could result in such harm.
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Harm or Injury
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The client must demonstrate some type of harm or injury as a result of the breach of duty.
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Respondent Superior
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A doctrine in which the lawsuit will also name the employer who can be held liable if they failed to provide adequate human and material resources for nursing care, failed to properly educate nurses on the use of new equipment procedures or the facility.
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Resipsa Loquitur
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The harm cannot be traced to a specific health care provider or standards. ie. when an instrument is left in the client during surgery.
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Intentional Torts:
Assault |
An attempt or threat to touch another person unjustifiably.
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Intentional Torts:
Battery |
The willful touching of a person, the person's clothes, or even something the person is carrying that may or may not cause harm.
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False Imprisonment
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The "unjustifiable detention of a person without legal warrant to confine the person."
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Invasion of Privacy
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A direct wrong of a personal nature. The revealed information on the reputation of the person in the community.
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Defamation
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A communication that is false or made with a careless disregard for the truth and results in injury to the reputation of a person.
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Libel
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Defamation by means of print, writing, or pictures.
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Slander
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Defamation by spoken word, stating unprivileged or false words by which a reputation is damaged.
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Nurse Practice Act (NPA)
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Nurse practice acts are legal acts that regulate the practice of nursing in the United States and Canada. Each state in the United States and each province in Canada has its own act. These acts have one purpose: to protect the public.
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American Nursing Association (ANA)
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The purpose of the ANA Standards of Practice is to describe the responsibilities for which nurses are accountable. The American Nurses Association developed standards of nursing practice that are generic in nature.
The ANA Standards of Practice describe behaviors expected in the professional nursing role. |
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Nurse Practice Acts
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*Common purpose
*Legal acts *Regulate practice *Jurisdiction specific |
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Scope of Nursing Practice
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*Promoting health and wellness
*Preventing illness *Restoring health *Caring for the dying |
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Factors Influencing Modern Nursing Practice
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*Public and private health insurance plans
*Consumer education *Changing family structure *Advances in science and technology |
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Standards of Care
*External Standards |
*Nurse practice acts
*Professional organizations *Nursing specialty-practice organizations *Federal organizations and federal guidelines |
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Categories of Law Affecting Nurses
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*Constitutional
*Statutory *Criminal *Contracts *Torts |
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Categories of Law Affecting Nurses
*Constitutional |
*Due process
*Equal protection |
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Categories of Law Affecting Nurses
*Statutory |
*Nurse practice acts
*Good Samaritan acts |
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Categories of Law Affecting Nurses
*Criminal |
Homicide, manslaughter
Active euthanasia Sexual assault |
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Categories of Law Affecting Nurses
*Contracts |
*Nurse and client
*Nurse and employer |
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Categories of Law Affecting Nurses
*Torts |
*Negligence/malpractice
*Libel and slander *Invasion of privacy |
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Crime
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*An act committed in violation of public (criminal) law
Punishable by a fine or imprisonment *Does not have to be intended in order to be a crime *Example; accidentally administering an additional and lethal dose of a narcotic to relieve discomfort |
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Tort
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A tort is a civil wrong committed against a person or a person’s property and is usually litigated in court by civil action between individuals.
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Tort
*Intentional |
*Act done on purpose or with intent
*No harm need be caused *Examples *Assault and battery *False imprisonment *Invasion of privacy *Defamation |
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Tort
*Unintentional |
*Negligence, malpractice *Do not require intent
*Require element of harm Examples *Invasion of privacy -Direct wrong of a personal nature *Defamation- Communications that are false *Slander -Defamation by spoken word *Libel-Defamation by means of print, writing, or pictures |
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Rights of Delegation
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*Right Task
*Right Circumstances *Right Person *Right Directions and Communication *Right Supervision and Evaluation |
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Values
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*Enduring beliefs or attitudes about the worth of a person, object, idea, or action
*May be unspoken or even subconscious *Underlie all moral dilemmas *Influence decisions and actions including nurses’ ethical decision making |
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Professional Values
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*Altruism
*Autonomy *Human dignity *Integrity *Social justice |
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Professional Values
*Altruism |
Concern for the welfare and well being of others
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Professional Values
*Autonomy |
Right to self determination, nurse’s respect of the client’s rights to make decisions.
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Professional Values
Human Dignity |
Respecting the uniqueness of individuals, cultures, beliefs, and perspectives.
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Professional Values
*Integrity |
Acting in accordance with an appropriate code of ethics; honesty on the part of the nurse
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Professional Values
*Social Justice |
Upholding moral, legal, and humanistic principles; all pts treated equally
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Legal Roles of Nurses
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*Provider of services -expected to deliver safe and competent care
*Employee or contractor for service - contractual obligations(duty to provide care) *Citizen - |
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Moral Principles
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*Nonmaleficence =Duty to do no harm
Harm may be intentional or nonintentional *Beneficence = doing good *Justice = fairness *Fidelity = faithful to agreements and promises *Veracity = telling the truth *Accountability = answerable to oneself and others for one’s own actions |
