Legal Issues In Nursing And Health Care

Front 1

unintended adverse outcome that results in death

Back 1

sentinel event

Front 2

nurses mandating reporting (infant/child abuse, dependent elder abuse and communicable disease (TB))

Back 2

child abuse prevention and treatment act

Front 3

grant immunity from suit under this act

Back 3

mandatory reporting statue

Front 4

this laws that establish the qualifications for obtaining and maintain license to perform (all facilities)

Back 4

institutional licensing laws

Front 5

judge-made law or decisional (hearing cases)

Back 5

common law

Front 6

failure to act in a reasonable and prudent manner (janitorial didn't clean room)

Back 6

negligence

Front 7

most frequent allegations of nursing is
(ex. failure to ensure patient safety, medications errors, patient & report performance of tx)

Back 7

negligence (Civil law)

Front 8

failure of professional - to act in a reasonable prudent manner

Back 8

malpractice (professional) (Civil law)

Front 9

nurse -patient relationship (duty to that patient)
nurse breached her duties
patient suffered actual harm or damage
proximate cause

Back 9

elements to prove negligence or malpractice

Front 10

failure to ensure patient safety
improper treatment or negligent
failure to monitor patient/report
medications errorsnd
failure to follow agency's policy

Back 10

frequent allegations of nursing negligence

Front 11

global standard you are held to are by

Back 11

ANA

Front 12

res ipsa loquitur
(ex. no doubt that a sponge was left in a patient- no need to investigate)

Back 12

things speak that speaks for itself

Front 13

you knowing you don't do something

Back 13

gross negligence

Front 14

reckless results in serious injury or death to the patient

Back 14

criminal negligence

Front 15

limits a nurse's or shields the nurse from malpractice for rendering emergency assistance outside the employment setting

Back 15

good Samaritan (approx. level of knowledge)

Front 16

defines nursing with the state

Back 16

nurse practice act

Front 17

has the authority to license nurses

Back 17

board of nursing

Front 18

strategy to prevent being named in a lawsuit is to

Back 18

perform good documentation

Front 19

type of law that creates a nursing practice act

Back 19

statutory law

Front 20

Nursing roles are expanded therefore having what type insurance help - with suits

Back 20

malpractice insurance

Front 21

nurse is always accountable for the outcomes of his or her actions
(note: nurse have to right tasks that they cannot perform safely)

Back 21

personal liability

Front 22

asserts that every person is responsible for the wrong or injury done to another resulting form carelessness

Back 22

liability

Front 23

held to the standard of care of prudent as a supervisor and team leaders or managers have been held negligent for issues

Back 23

personal liability for team leaders and managers

Front 24

is based on the legal principle of respondeat superior (let the master answer)

Back 24

Vicarious liability

Front 25

TJC has developed detailed standards related to the orientation, training, education of agency based on

Back 25

corporate liability

Front 26

one of the most powerful allies the nurse has in any health care setting to facilitate positive change and reduce personal and corporate liability is

Back 26

Risk Manager

Front 27

is a professional who tracks accidents and injuries that occur in the facility

Back 27

risk manager

Front 28

tracks issues, assist in development of policies and provide knowledge about federal and state laws, licensing

Back 28

risk management system

Front 29

direct violation of a person's legal rights
ex. assault
battery
defamation of character
false imprisonment
invasion of privacy
intentional infliction of emotional distress

Back 29

intentional torts

Front 30

is causing a person to fear that he or she will be touched w/o consent

Back 30

assault

Front 31

is unauthorized touching or actual harmful or offensive touching of a person

Back 31

battery

Front 32

nurse behavior is so outrageous leads to the patient's emotional shock

Back 32

intentional infliction of emotional distress

Front 33

is an offense against society that is defined thru written criminal statutes or codes

Back 33

crime

Front 34

doctors or advance practice nurse has duty to disclose information so patient can make intelligent choices

Back 34

informed consent

Front 35

mandated by federal statute and state law that information must be disclosed nature, expected, risks

Back 35

informed consent

Front 36

reason to carry malpractice insurance

Back 36

-more states recognize nurse malpractice claim in civil suit
-functions for RNs are expanding
-increasing floating and cross training
-increasing responsibility for supervising staff
-some employers may fail to adequate defense for nurses