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76 Cards in this Set
- Front
- Back
CIVIL law
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guilt is proved by preponderance of evidence against a person;
designed to protect person and property; a violation of this law is called tort |
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CRIMINAL law
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guilt must be proven beyond reasonable doubt;
designed to protect the public from harmful acts; misdemeanor and felonies |
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TORT
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a violation of civil law;
that results in personal injury or personal property damage; generally involves a violation of a personal right most common violation of law affecting the practice of nursing; negligence and malpractice |
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--TORTS--
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--defining characteristics--
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assault
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an intentional verbal threar;
might be tried in a criminal court; results in a reasonable fear of immediate physical harm; violates one's right to personal safety and security |
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battery
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completion of an assault;
might be tried in a criminal court; unjustified and intentional application of force without consent; violates one's right to personal safety and security |
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abandonment
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leaving someone wothout adequate care or assistance;
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character defamation
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libel and slander;
making false and malicious statements about someone; violates one's right to maintain and enjoy a good reputation |
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false imprisonment
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using force to prevent a person from freely moving about;
violates one's right to personal liberty |
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fraud
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a false statement made to another person with intent to deceive;
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invasion of privacy
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sharing information about apatient without his or her knowledge or permission;
violates ones right to privacy |
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negligence
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could be an act of omission or commission;
failure to exercise the reasonable amount of care in performing an act that a person of ordinary prudence in a similar circumstance would; |
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malpractice
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specific type of negligence;
could be an act of omission or commission; misconduct or improper practice by any professional |
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physician's order
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required for a physical restraint;
includes type of restraint, reason for the restraint, length of time restraint is to be applied, criteria for restraint removal.; cannot be ordered PRN; only in emergency situation would a nurse be justified in using a restraint without a physician's order |
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confidential information
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may be disclosed without fear of litigation of a patient threatens to commit suicide or threatens to injure someone else;
reporting child or adult abuse or suspected abuse may also necessitate revealing confidential information without fear of litigation |
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breach of duty;
breach of standards of care |
when a nurse engages in an activity not identified as a nursing function by the nurse practice act
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proof of malpractice is dependent on which factors:
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DUTY: nurse who is being sued must have been responsible for hte care of the patient in some capacity;
Breach of Duty: nurse failed to provide acceptable care according to nursing standards of care. Causation: failure of acceptable nursing care caused the injury Injury: harm must have occurred and be proved. |
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Two classifications of crimes
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misdemeanor and felonies
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misdemeanors in nursing
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theft of a patient's possessions and pushing a patient
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felonies in nursing
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falsification of narcotic records;
withholding life support from a terminally ill patient; administering a drug to hasten death. |
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nurse administers one hundred unit of insulin rather that the ten units that were ordered, and the patient sustains brain damage
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malpractice
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nursing home administrator falsifies Medicare records
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Fraud
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nurse gossips about a coworker and makes false statements about his character
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slander
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nursing assistant is observed physically forcing a nursing home resident into a chair
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battery
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nurse restrains a patient without a physician's order for the convenience of the staff
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false imprisonment
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an 0ff-duty nurse stops at a car accident and gives first aid but leaves the scene before the ambulance arrives
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abandonment
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a nurse tells a friend about the diagnosis of a hospitalized patient whom he is caring for
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breech of confidentiality
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a nurse threatens to injure another person with a knife
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assault
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an indwelling catheter comes into contact with bed linen, nut an LPN fails to observe this and inerts it in the patient anyway; leading to patient contracting a UTI
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negligence
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nurse writes a note that falsely accue a coworker of stealing and leaves the note at the nurse's station
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libel
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--types of law--
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--defining characteristics--
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constitutional law
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type of statutory law;
federal law; most authoritative type; the right of privacy and confidentiality are protected by this law |
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enacted law
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statutory law;
nurse practice acts are examples; second most authoritative; social security is an example |
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regulatory law
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statutory law;
CMS functions in accordance with this type of law; executive or admnistrative law; provide rules for enacted laws; third most authoritative |
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common law
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law based on common customs,
common usage, and the various accumulated judicial decisions and opinions of law courts; may change over time; ruling related to this law might be based on prevailing community standards |
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case law
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judicial law;
law based on previous decisions and judgments made in other specific cases; |
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nurse practice acts
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governed by rules and regulations that are established by state boards of nursing;
state boards of nursing enforce the practice acts and also establish mandatory state licensure requirments. |
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grievance process
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formal process a nurse can go thru if they believe that the employer is not abiding by the terms of a signed contract.
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grievance
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complaint that arises from any circumstances or condition of employment.
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4 types of practice standards which nurses needs to comply with
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1) practice standards of the employing institution;
2) nurse practice act from the state which the nurse is licensed in; 3) any regulatory agency standards; 4) standards from current nursing practice based on sound research |
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Respondeat superior
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once an employee has signed a contract to work for an employer, the employer is liable or responsible for the employee's actions performed in the scope of his or her employment.
employee commits tort; employer as well as the employee can be sued because the employer is considered as responsible as the employee for the tort committed; employers are generally NOT held liable for acts of GROSS negligence by the employee when working or for any crimes or negligent acts committes outside the scope of employment |
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advance directive
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umbrella term for various types of legal documents
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durable power of attorney
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obligates the person acting as a surrogate to abide by the desires of the person who drew up the document should that person be deemed unable to make autonomous decisions
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healthy care proxy
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enables one person to act in the best interests of another even though no end-of-life preferences have been indicated.
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living will
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includes instructions about end-of-life preferences
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dnr order
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separate form that is generally located at the front of the chart and is transferred with a patient if he or she goes to another care facility
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informed consent form
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person who is responsible for this form is generally the person performing the surgery or conducting research
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state board of nursing
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primary regulating body in each state;
responsible for establishing standards for professional licensure of nurses; administering licensing examinations; licensing applicants who have passed exams; investigating violations of statutes and regulations ; holding disciplinary hearings; imposing any penalties; and administering state nurse practice acts |
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Patient Self-Determination Act
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requires state to provide information about advance directives
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Freedom of Information Act
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pertains to a person's right of access to federal agency records
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omnibus budget reconciliation act 0f 1987
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includes specific standards of care for facilities that receive Medicare and Medicaid funding;
mandated the decreased use of physical and chemical restraints; mandates written policies to identify potential organ donors |
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Americans with Disabilities Act
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ensures that people with disabilities are not discriminated against;
would obligate an employer to accommodate an employee who returns to work following a heart attack |
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Safe Medical Device Act
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administered by the FDA;
law that was passed to protect the public from dangerous equipments |
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HIPAA;
Health Insurance Portability and Accountability Act |
guards confidentiality of the people;
patients have the right to view their own medical records under this act |
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NeedleStick Safety and prevention act
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mandates that the hep B vaccine be made available to all employees who might be at risk for exposure to hepatitis;
OSHA is the regulatory agency that enforces standards of this act; prevention programs for blood-borne pathogens must be in place in institutions |
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Family and Medical Leave Act
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entitles federal employees to unpaid leave for family illness
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occupational health and safety act
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ensures safety for workers in the workplace
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mandatory professional licensure
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purpose is to assure public that the person who holds a license is competent to care for them in a safe and professional manner.
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what should a nurse do before moving to another state
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check to see if the two states are party states; if they honor one another's license;
multi-state licensure; nurse can be licensed in new state of residence by ENDORSEMENT |
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purpose of mandatory continuing education
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ensure that nurses have current and updated knowledge of nursing practice beyond what they receives in basic nursing education programs
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how do nurse boards know that nurses are in compliance with mandatory education
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nurses are usually required proof of CEU
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three reasons for license revocation
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professional misconduct;
conviction of a felony; substance abuse |
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who can revoke or suspend nursing licenses
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state boards of nursing
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under what circumstances might a license be revoked and then reissued
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after certain conditions are met by the nurse;
for ex; nurse with chemical abuse problem who has undergone a specified rehab program |
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good samaritan laws?
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state statutes that generally provide immunity from liability for health care providers like physicians and nurses who voluntarily render first aid in medical emergencies, but who also could be subject to lawsuits if an injury occurs from the care that they give
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two requirements in order for the Good Samaritan law to apply
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it must be a voluntary;
actions must be an effort to help in good faith |
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any abuse;
suspected abuse; maltreatment of children |
mandated by all state laws for professional health care workers to report
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patient sustains skin tear when being transferred by a nurse from a bed to a wheelchair, nurse should
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first priority; assess patient's injury and provide necessary treatment,
notify physician |
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why is accurate charting important
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pAtient chart is considered a legal document, and can be subpoenaed by court of law;
important to document accurately;if it isn't charted court of law assumes it did not occur |
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primary rule for good charting
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if an entry is made noting change in patient's condition, IMPRTANT to continue charting until the situation has been resolved.
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whistle blower
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person who reports to someone in authority any unethical behavior in the workplace.
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plaintiff
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person making complaint
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defendant
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person charged with a violation
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statutes of limitations
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rules governing the length of time to bring a lawsuit
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discovery period
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the length of time leading up to an actual trial
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trial
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time period when witnesses are called to testify
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