Nur.208: Wk12: Nursing And The Law Quiz4

Front 1

Battery

Back 1

Willful touching of a person without permission

Front 2

Assault

Back 2

Attempt or threat to touch another person unjustifiably or without consent

Front 3

Invasion of privacy

Back 3

Injures the feelings of the person.

Front 4

Nurse Practice Acts

Back 4

Purpose: to protect the public
Must be knowledgeable
Ignorance is no excuse
Practicing beyond these limits is illegal.
Legally controls nursing practice via licensing requirements. (ex: additional license required to practice as a nurse anesthetist)
Differs from state to state.

Front 5

Standards of Care:

Back 5

Detailed guidelines that represent predicated care in specific situations.
Standards represent voluntary guidelines for nursing practice. Developed by professional organizations are used as guidelines for peer review.

two categories:
Internal standards: nurse's job description, education, expertise, institutions policies/procedures.
External standards: Nurse practice acts, professional organizations (ANA), Nursing specialty-practice organizations (ex: Oncology nursing society), Federal organizations and federal guidelines (Joint Co. and Medicare).

Front 6

Legal Standards

Back 6

defined in the nurse practice acts, by the BORN, by state and federal laws, by regulatory agencies and by various employing agencies.

Front 7

Federal laws;
-ADA
-Emergency medical treatment and active labor act
-Mental health parity act

Back 7

ADA: protects rights of disabled.

EMTALA: involves transports of pts btw facilities; pt dumping.

Mental health parity act: forbids insurance companies from capping mental health services.

Front 8

HIPPA and its impact

Back 8

1.) Electronic transfer of info among organization.
2.) Standardized numbers for identifying providers, employers, health plans.
3.) Security rule
4.) Privacy rule

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Impact of HIppa:
-Name cannot be posted on or near the door.
-Charts kept in secure nonpublic location
-Printed copies of protected health info. should not be left unattended in a printer or fax machine.
-Access to protected health info. is limited to only those authorized.
-Password is needed to access a clients electronic info.
-Notice informing clients of their rights about privacy and their health info. should be posted or provided.
-Voice levels should be lowered to minimize disclosure of info
-need to stay current with Hippa regulations.

Front 9

Intentional torts

Back 9

Willful acts that violates another person's rights
Civil wrongs between two people that involves injury to the other person or loss or damage to personal property
When a tort has been committed, the pt/family may institute a civil suit against the person(s) believed to have caused it. .

Front 10

Examples of intentional torts:
-Assault

Back 10

intentional threat to bring about harmful or offensive contact.
no actual contact is necessary.

Front 11

Examples of intentional torts:
-Battery

Back 11

intentional touching without consent. Slapping or performing wrong surgery or extended surgery without consent.

Front 12

Examples of intentional torts:
-Invasion of privacy

Back 12

intrusion, publication of private or embarrassing facts; name the person in false light. Pt. recode is PRIVATE.
ex: unnecessary exposure of pt, talking in non sound proof rooms etc.

Front 13

Examples of intentional torts:
-Fraud:

Back 13

willful and purposeful misrepresentation that could cause or has cause that could result in loss or harm to a person or property.

Front 14

Examples of intentional torts:
=False imprisonment

Back 14

unjustified retention or prevention of the movement of another person ithout proper consent. (AMA forms)

Front 15

Examples of intentional torts:
-Defamation of character

Back 15

Publication of false statements that result in damage to a person's reputation.
Done with malice (person knows not true, does it anyways with careless disregard as to the truth)
*Slander: spoken word
*Libel: written word.

Front 16

Examples of intentional torts:
-Privileged communication

Back 16

represents info given to a professional person who is forbidden by law from disclosing the info without consent.
Legislation regarding this is highly complicated and varies from state to state.
*cannot disclose past events unless it involves their health ex used to do cocaine, etc. convince pt to tell dr.
*can disclose future acts
ex: pt admits to killing people/shooting can't tell anyone
(past)
ex: pt tells they are going to kill themselves or others later ..can disclose.

Front 17

Examples of UN-intentional torts:
-Negligence:

Back 17

-conduct that falls below the standard of care.
-can include acts of comission as well as acts of omission.

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Can include: not checking armband prior to med adm., not placing call bell within reach, IV infiltrates, med. errors, falls, failure to use aseptic technique, errors in surgical counts, failure to give accurate/complete report. , failure to monitor client condition, failure to notify MD changes in condition. , not checking for allergies etc.

Front 18

Examples of UN-intentional torts:
-Malpractice

Back 18

-professional negligence.
-Criteria to prove malpractice:
1.) Nurse/defendant owed a DUTY to the plantiff
2.) Nurse failed to carry out that duty (Deviation)
3.) Client/plantiff suffered an injury (Damage)
4.) Action the nurse in failing to carry out that duty (directly) caused the injury.

Front 19

Types of Consent:
-Express
-Implied

Back 19

-Express: can be oral or written, the more invasive/risky the procedure the greater the need for written consent.

-Implied: When the individual's nonverbal behavior indicates agreement. ex: medical emergencies.

Front 20

Extension Doctrine

Back 20

Implies that the pts explicit consent for a surgical procedure serves an an implicit consent for any and all procedures deemed necessary to cope with unpredictable situations that jeopardize the pts. health.

Front 21

Functions of the law in nursing

Back 21

-Provides a framework for establishing which nursing actions in the care of clients are legal.

-Differentiates nurse's responsibilities from those of other health professionals.

-Establish boundaries of independent nursing action.

-Assists in maintaining a standard of nursing practice by making nurses accountable under the law.

Front 22

Sources of Law: Constitutional Law

Back 22

Constitutional law:
-establishes the general organization of the federal gov't
-grants certain power to the gov't
-places limits on what federal and state gov't may do.
-creates legal rights and responsibilities and is the foundation for a system of justice.
-ensures each U.S citizen the right to due process of law.
-equal protection

Front 23

Sources of law:
Legislation

Back 23

-"statutory law"
-Law enacted by any legislative body.

-Regulation of nursing is a function of state law.

-State legislatures pass nurse practice acts that are consistent with constitutional and federal provisions.

-ex: Nurse practice acts, Good samaritan Acts, Child/adult abuse laws, living wills, sexual harassment laws, ADA

Front 24

Sources of law:
Administrative law

Back 24

-After a legislature passes a statute, administrative agency is given the authority to create rules and regulations to enforce the statutory laws.

ex: State boards of nursing write rules and regulations to implement and enforce a nurse practice act, which was created through statutory law.

Front 25

Sources of Law:
Common law

Back 25

-Law evolving from court decisions
-continually being adapted and expanded
-adhere to doctrine "To stand by things decided"= following precedent. = to arrive at a ruling in a particular case, court applies the same rules and principles applied in previous, similar cases.

Front 26

Informed consent

Back 26

-An agreement by a client to accept a course of treatment or a procedure after being provided complete info., including the benefits and risks of treatment, alternatives to the treatment, and prognosis if not treated by a hcp.

-Form is a record of the informed consent not the informed consent itself.

-Two types of consent:
1.) Express: oral or written agreement. The more invasive a procedure and/or the greater the potential for risk to the client, the greater the need for written permission.

2.) Implied: exists when the individuals nonverbal behavior indicates agreement. ex: client who positions their bodies for an injection. Also in emergency situations.

Front 27

Who can obtain an informed consent for a specific medical and surgical treatment:

Back 27

-Primary care provider
-Nurse practitioner
-Nurse anesthetist
-Nurse midwife
-Clinical nurse specialist
-Physician assistant
*attained from the person who is going to perform the procedure.

Front 28

3 people who cannot provide consent

Back 28

Minors: need parent/guardian; unless they are married, emancipated, military, parents, pregnant;
however, does not apply for minors seeking t(x) for substance abuse, mental health problems, reproductive health concerns (STIs), and blood donations.

Second group: unconscious or injured clients; consent usually obtained from the closest adult relative; if no one then under the law consent is implied

-third group: people with mental illnesses who have been judged by professionals to be incompetent.

Front 29

Advance Health Care Directives

Back 29

Legal and lay documents that allows a person to specify aspects of care they wish to receive should they become unable to make or communicate their preferences.

Two types:
Living will: provides specific instruction about what medical treatment the client chooses to omit or refuse.
Health care proxy: "durable power of attorney for health care", notarized or witnessed statement appointing someone else to manage health care treatment decisions when the client is unable to.

Front 30

Tort laws

Back 30

Defines and enforces duties and rights among private individuals that are not based on contractual agreement.