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54 Cards in this Set
- Front
- Back
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3 Types of Laws
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Public law
Private law Criminal law |
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Public law
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—government is directly involved
-Regulates relationships between individuals and government |
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Private law
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—civil law
-Regulates relationships among people |
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Criminal law
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—concerns state and federal criminal statutes
-Defines criminal actions (e.g., murder, theft) |
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Four Sources of Law
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Constitutions
Statutory law Administrative law Common law |
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Constitutions
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serve as guides to legislative bodies
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Statutory law
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enacted by a legislative body
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Administrative law
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empowered by executive officers
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Common law
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judiciary system reconciles controversies, creates body of common law
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Nurse practice acts
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State nursing Laws- regulate nurses
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Who can revoke an RN's license to practice?
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BRN
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What is certification in regards to nursing?
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A specialty that nurses can get certified for- special skills
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The _____ _____ _____ _____ is the most important law affecting nursing practice.
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state nurse practice act
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Who makes nursing practice rules?
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BRN
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____ _____ for _____ _____ _____ (_______) is a voluntary accreditation for nursing education programs
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National League for Nursing Accrediting Commission (NLNAC)
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Voluntary Nursing Standards are developed and implemented by?
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The nursing profession itself
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Are Voluntary Nursing Standards mandatory?
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No
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Voluntary Nursing Standards are used as guidelines for ____ ____
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peer review
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ANA standards of practice are ______ Nursing Standards
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Voluntary
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Legal Nursing Standards are developed by ________
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legislature
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_____ ______ ______ are implemented by authority granted by the state to determine minimum standards for the education of nurses, to set requirements for licensure, and to decide when RN license may be suspended or revoked
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Legal Nursing Standards
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State Nurse Practice Act; State ______ accreditation is required for all schools of nursing
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BRN
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Are physical or mental impairments including age reasons for Suspending or Revoking a Nursing License?
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Yes
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Crime
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wrong against a person or his or her property as well as the public- Violation punishable by state
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2 Types of crimes
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misdemeanor and felony
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Misdemeanor
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punishable by fines or less than 1 year imprisonment
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Felony
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punishable by imprisonment for more than 1 year
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Tort
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a wrong committed by a person against another person or his or her property and is subject to action in a civil court. Damages usually settled with money.
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2 types of Torts
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Intentional
Unintentional |
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Intentional Tort
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Assault and battery; Fraud
Invasion of privacy; False imprisonment |
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Unintentional tort
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Negligence and malpractice
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A nurse falsely imprisons a patient by an unauthorized use of restraints, this would be considered:
A. Crime B. Tort C. Misdemeanor D. Felony |
B. Tort
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Assault
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a threat or an attempt to make bodily contact with another person with out that person's consent
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Battery
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is an assault that is carried out and includes willful, angry, and violent of negligent touching of another person's body or clothes or anything attached to or held by that other person.
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False imprisonment
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restraints without an order
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Liability includes four elements that must be established to prove that malpractice or negligence has occurred...
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Duty
Breach of Duty Causation Damages |
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Duty
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an obligation to use due care and is defined by the standard of care appropriate for the nurse-patient relationship.
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Breach of Duty
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the failure to meet the standard of care
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Causation
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the most difficult element of liability to prove, shows that failure to meet the standard of care (breach) actually caused the injury
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Damages
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are the actual harm or injury resulting to the patient
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Do student nurses hold the same standard of care as RN when it comes to legal liability?
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Yes
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An ___ report, also called a ___ or ____ report, is used by healthcare agencies to document the occurrence of anything out of the ordinary that results in, or had the potential to result in, harm to a patient, employee, or visitor.
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Incidence report
variance report occurrence report |
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Never event
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errors such as surgery performed on the wrong patient or body part, leaving a foreign object inside a pt after surgery, discharging an infant to the wrong person etc.
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____ are responsible for directing the medical plan of care
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MDs
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____ are responsible for carrying out the plan of care
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RNs
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3 situations in which the plan of care should not be carried out
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The order/prescription is in error
Violates hospital policy Is detrimental (or harmful) to the patient |
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sentinel event
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an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof (like loss of limb or function)
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All routine treatments, Hazardous procedures (surgery), Chemotherapy, Participation in research studies, Sedation... all require what?
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Consent
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State statutes provide the designation of individuals who can give consent.
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18 y.o considered adult
If married or emancipated excluding abortions in some states Parent; guardian; durable power of attorney |
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Informed Consent requires the patient be given all relevant information including: ____, ____, _____, ____ of ____
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risks, benefits, alternatives, consequences of refusal
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Advance Directives
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An individual appointed by the patient to make health care decisions can be identified in a living will or durable power of attorney
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A ____ _____ instructs the physician to withhold or withdraw treatment
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living will
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A _____ ______ __ _____ appoints a health care surrogate
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durable power of attorney
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Does the Good Samaritan Law Offer legal immunity?
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Yes
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