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44 Cards in this Set

  • Front
  • Back
Entwined (Law & Nursing)
-YOUR legal rights
-LAWS that apply to the
profession
PARTNERSHIP
Each state has its OWN act
ALL NURSES must abide by the Act and provide care within their SCOPE
NURSE PRACTICE ACT
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
Based on previous court decisions
1st Case sets the precedent
These laws can only be changed with STRONG JUSTIFICATION.
COMMON LAW
*Informed Consent
*Patient's right to refuse treatment
*Malpractice
EXAMPLES OF COMMON LAW
Laws enacted by the legislative bodies of the states and by Congress
-When in conflict, the Federal supercedes state law
STATUTORY LAW
This branch deals with crime & punishment
Violation is classified as felony or misdemeanor
CRIMINAL LAW
Results in punishment of imprisonment for >1 yr to death penalty
FELONY
Results in a fine or imprisonment < 1 yr
MISDEMEANOR
-Laws dealing with private legal interests
-Usually involves a plaintiff/defendant
-Usually involves damages/compensation
CIVIL LAW
-Assault
-Battery
-Defamation
EXAMPLES OF CIVIL LAWS
-Laws concerning adminstrative bodies
-The BOARDS OF NURSING are administrative agencies at the state level
ADMINISTRATIVE LAW
*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
-Intentional or unintentional acts of WRONG doing
-Usually results in a Civil Trial
-Settlement in money rather than imprisonment
TORT LAW
-Assault & Battery
-Defamation(Slander or Libel)
-Invasion of Privacy
-False Imprisonment
-Fraud
INTENTIONAL TORTS
-Negligence
-Malpractice
UNINTENTIONAL TORTS
Threatening or attempting bodily contact w/o permission
ASSAULT
Assault that is carried out
BATTERY
Communication that is FALSE or made w/careless disregard for the truth & results in the injury to the person's reputation
DEFAMATION
Untruthful ORAL statements which subjects the person to ridicule or contempt.
SLANDER
Written defamation
LIBEL
Individuals have right to privacy and the right to be left alone.
INVASION OF PRIVACY
*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
Unjustified retention or prevention of the movement of another person without proper consent
FALSE IMPRISONMENT
-Wrist restraints
-Posey vests
-Side rails
-Sedation
-Geri chairs
EXAMPLES OF FALSE IMPRISONMENT & RESTRAINTS
Willful and purposeful misinterpretation that could cause, or has caused, loss to the person or property
FRAUD
Fraudulently representing oneself for licensure

Accepting a job based on certain credentials that person doesn't really have
EXAMPLES OF FRAUD
Wrongs that occur as the result of an accident or failure to meet the standard of care
UNINTENTIONAL TORTS
Based on reasonable and prudent behavior EXPECTED by members of a grp under similar circumstances
STANDARDS OF CARE
-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
Performing an act that a person in normal circumstances would not do
NEGLIGENCE
Guilty of complete disregard of another's life
GROSS NEGLIGENCE
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
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
Describes improper performance or duties resulting in harm

Doing something with good intentions but improperly
MALPRACTICE
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
Must be establised to prove that negligence or malpractice occurred
ELEMENTS OF LIABILITY
*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
You were on duty but had no contact w/patient
DEFENSE AGAINST MALPRACTICE CLAIM

REMOTENESS TO THE CAUSE
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
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
Unexpected unforseeable accident; no way to prevent this

i.e. give common med, pt has serious reaction
DEFENSE AGAINST MALPRACTICE SUIT

IDIOSYNCRACY
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
The elements of liabilty are not proven
DEFENSE AGAINST MALPRACTICE SUIT

ELEMENTS NOT PROVEN