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44 Cards in this Set
- Front
- Back
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Entwined (Law & Nursing)
-YOUR legal rights -LAWS that apply to the profession |
PARTNERSHIP
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Each state has its OWN act
ALL NURSES must abide by the Act and provide care within their SCOPE |
NURSE PRACTICE ACT
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Early 1900's: Laws to establish MINIMAL Standards introduced.
1970's: ANA amended some of the laws broadening the scope thus increasing responsibility and accoutability of nurses |
CONTEMPORARY LAW
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Based on previous court decisions
1st Case sets the precedent These laws can only be changed with STRONG JUSTIFICATION. |
COMMON LAW
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*Informed Consent
*Patient's right to refuse treatment *Malpractice |
EXAMPLES OF COMMON LAW
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Laws enacted by the legislative bodies of the states and by Congress
-When in conflict, the Federal supercedes state law |
STATUTORY LAW
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This branch deals with crime & punishment
Violation is classified as felony or misdemeanor |
CRIMINAL LAW
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Results in punishment of imprisonment for >1 yr to death penalty
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FELONY
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Results in a fine or imprisonment < 1 yr
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MISDEMEANOR
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-Laws dealing with private legal interests
-Usually involves a plaintiff/defendant -Usually involves damages/compensation |
CIVIL LAW
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-Assault
-Battery -Defamation |
EXAMPLES OF CIVIL LAWS
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-Laws concerning adminstrative bodies
-The BOARDS OF NURSING are administrative agencies at the state level |
ADMINISTRATIVE LAW
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*NCLEX Exam
*License renewal q 2 yrs *Defines the scope of practice by all nurses *Approves nursing education curriculum *Disciplines nurses for infractions of the Nurses Practice Act or board rules |
DUTIES OF BOARD OF NURSING
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-Intentional or unintentional acts of WRONG doing
-Usually results in a Civil Trial -Settlement in money rather than imprisonment |
TORT LAW
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-Assault & Battery
-Defamation(Slander or Libel) -Invasion of Privacy -False Imprisonment -Fraud |
INTENTIONAL TORTS
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-Negligence
-Malpractice |
UNINTENTIONAL TORTS
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Threatening or attempting bodily contact w/o permission
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ASSAULT
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Assault that is carried out
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BATTERY
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Communication that is FALSE or made w/careless disregard for the truth & results in the injury to the person's reputation
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DEFAMATION
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Untruthful ORAL statements which subjects the person to ridicule or contempt.
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SLANDER
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Written defamation
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LIBEL
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Individuals have right to privacy and the right to be left alone.
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INVASION OF PRIVACY
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*Unnecessary exposure
*Talking in non-private area *Pressing for unecessary information *Talking w/family w/o pt's consent *Tape recording w/o permission *Not safe-guarding anonymity during research |
EXAMPLES OF INVASION OF PRIVACY
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Unjustified retention or prevention of the movement of another person without proper consent
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FALSE IMPRISONMENT
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-Wrist restraints
-Posey vests -Side rails -Sedation -Geri chairs |
EXAMPLES OF FALSE IMPRISONMENT & RESTRAINTS
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Willful and purposeful misinterpretation that could cause, or has caused, loss to the person or property
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FRAUD
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Fraudulently representing oneself for licensure
Accepting a job based on certain credentials that person doesn't really have |
EXAMPLES OF FRAUD
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Wrongs that occur as the result of an accident or failure to meet the standard of care
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UNINTENTIONAL TORTS
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Based on reasonable and prudent behavior EXPECTED by members of a grp under similar circumstances
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STANDARDS OF CARE
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-Expert Witness(someone experienced in the matter
-Factual Witness (someone who was at the scene) -Documentary Evidence-evidence that was documented |
SOURCES THAT CAN PROVE WHAT NORMAL STANDARDS WOULD BE IF IN A COURT OF LAW
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Performing an act that a person in normal circumstances would not do
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NEGLIGENCE
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Guilty of complete disregard of another's life
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GROSS NEGLIGENCE
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Failing to ck pt's arm band and administering meds to wrong pt
Giving scheduled insulin dose when blood sugar is 42 |
EXAMPLES OF NEGLIGENCE
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Not feeding a dependant pt because you wanted to have a smoke break
Leaving dependant pt soiled all day because he was too big to turn and move |
EXAMPLES OF GROSS NEGLIGENCE
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Describes improper performance or duties resulting in harm
Doing something with good intentions but improperly |
MALPRACTICE
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Applying O2 mask to pt with respiratory compromise, but not turning on the oxygen
Inserting IV cath to infuse liquid ordered, but cannulating artery instead of vein |
EXAMPLES OF MALPRACTICE
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Must be establised to prove that negligence or malpractice occurred
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ELEMENTS OF LIABILITY
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*DUTY-obligation as defined by standard of care
*BREACH OF DUTY-fail to meet standard of care *CAUSATION-link between nurses act & injury suffered *DAMAGE- actual harm; to cause harm |
TYPES OF ELEMENTS OF LIABILITY
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You were on duty but had no contact w/patient
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DEFENSE AGAINST MALPRACTICE CLAIM
REMOTENESS TO THE CAUSE |
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Pt was partially responsible
i.e. pt has knee brace. You tell pt not to get out of bed w/o assistance or he'll fall, he gets out of bed anyway and falls |
DEFENSE AGAINST MALPRACTICE CLAIM
CONTRIBUTORY NEGLIGENCE |
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Limit that suit can be filed.
In PA family has until child is 18 to file suit adults have 2 yrs |
DEFENSE AGAINST MALPRACTICE
STATUTE OF LIMITATIONS |
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Unexpected unforseeable accident; no way to prevent this
i.e. give common med, pt has serious reaction |
DEFENSE AGAINST MALPRACTICE SUIT
IDIOSYNCRACY |
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Pt willingly & knowingly agree to action .
i.e. BP is high and pt is due for med but refuses it. you tell them of consequence, they understand and then have MI |
DEFENSE AGAINST MALPRACTICE
ASSUMPTION OF RISK |
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The elements of liabilty are not proven
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DEFENSE AGAINST MALPRACTICE SUIT
ELEMENTS NOT PROVEN |
