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76 Cards in this Set

  • Front
  • Back
* gult is proved by a preponderance of evidence against a person.
*law designed to protect person and property.
* a violation of this law is called a tort.
civil law.
* guilt must be proved beyond a reasonable doubt.
* law designed to protect the public from harmful acts.
* two classifications are misdemeanors and felonies.
criminal law.
* a violation of a civil law that results in personal injury or personal property damage and generally involves a violation of a personal right.
* the most common violation of law affecting the practice of nursing.
* 2 examples: negligence and malpractice.
a tort.
* an intentional verbal threat.
* 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.
assault.
* 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.
battery.
* leaving someone without adequate care or assistance.
abandonment.
* libel and slander.
* making false and malicious statements about someone.
character defamation.
* * using force to prevent a person from freely moving about.
* violates one's right to personal liberty.
false imprisonment.
* a false statement made to another person with the intent to deceive.
fraud.
* sharing information about a patient without his or her knowledge or permission.
* violates one's right to privacy.
invasion of privacy.
* 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.
negligence.
* a specific type of negligence.
* could be an act of omission or commission.
* misconduct or improper practice by any professional.
malpractice.
Name the tort that is exemplified:

A nurse administers 100 units of insulin, rather than the 10 units that were ordered, and the patient sustains brain damage.
malpractice.
Name the tort that is exemplified:

A nursing home administrator falsifies Medicare records.
fraud.
Name the tort that is exemplified:

A nurse gossips about a coworker and makes false statements about his character.
slander.
Name the tort that is exemplified:

A nursing assistant is observed physically forcing a nursing home resident into a chair.
battery.
Name the tort that is exemplified:

A nurse restrains a patient without a physician's order for the convenience of the staff.
false imprisonment.
Name the tort that is exemplified:

An off-duty nurse stops at a car accident and gives first aid, but leaves the scene before the ambulance arrives.
abandonment.
Name the tort that is exemplified:

A nurse tells a friend about the diagnosis of a hospitalized patient whom he is caring for.
breech of confidentiality.
Name the tort that is exemplified:

A nurse threatens to injure another person with a knife.
assault.
Name the tort that is exemplified:

An indwelling catheter comes into contact with bed linen, but an LPN fails to observe this and inserts it in the patient anyway;
the patient contracts a UTI.
negligence.
Name the tort that is exemplified:

A nurse writes a note that falsely accuses a coworker of stealing and leaves the note at nurse' station.
libel.
A physician's order is required for a physical restraint, and the order must include:
* type of restraint.
* reason for the restraint.
* length of time the restraint is to be applied.
* the criteria for restraint removal.
Only in an emergency would a nurse be justified in using a restraint without a physician's order.

Restraints cannot be ordered:
PRN.
Research shows that use of restraints has contributed to:
falls and other injuries that might have been more severe than injuries that could have occurred if the patients had fallen without being restrained.
Confidential information may be disclosed without fear of litigation if:
a patient threatens suicide or threatens to injure someone else.
Reporting child or adult abuse or suspected abuse may necessitate revealing:
confidential information without fear of litigation.
If a nurse engages in an activity not identified as a nursing function by the Nurse Practice Act, this could be considered a:
breach of standards of care or a breach of duty.
Proof of malpractice for a nurse is dependent on:
1. Duty: the nurse being sued must have been responsible for the care of the patient in some capacity.
2. Breach of duty: the nurse failed to provide acceptable care according to nursing standards of care.
3. Causation: the failure of acceptable nursing care caused the injury.
4. Injury: harm must have occurred and be proved.
List the 2 classifications of crimes and examples of each.
1. misdemeanor: * theft of a patient's possessions. * pushing a patient.
2. felony: * falsification of narcotic records.
* withholding life support from a terminally ill patient.
* administering a drug to hasten death.
Match the type of law with the characteristic(s):

* a type of statutory law.
* federal law.
* most authoritative type of law.
* the rights of privacy and confidentiality are protected by this law.
constitutional law.
Match the type of law with the characteristic(s):

* a type of statutory law.
* nurse practice acts are examples.
* second most authoritative type of law.
* Social Security is an example.
enacted law.
Match the type of law with the characteristic(s):

* a type of statutory law.
* Centers for Medicare and Medicaid Services functions in accordance with this type of law.
* also known as executive or administrative law.
* provide rules for enacted laws.
* third most authoritative type of law.
regulatory law.
Match the type of law with the characteristic(s):

* law based on common customs, common usage, and the various accumulated judicial decisions and opinions of law courts.
* law that may change over time.
* ruling related to this law might be based on prevailing community standards.
common law.
Match the type of law with the characteristic(s):

also called judicial law.
* law based on previous decisions and judgments made in other specific cases.
case law.
Nurse practice acts are usually governed by rules and regulations that are established by:
state boards of nursing.
State boards of nursing:
* enforce the nurse practice acts.
* establish mandatory state licensure requirements.
* a complaint that arises from any circumstance or condition of employment.
grievance.
* formal process that a nurse can go through if he believes that the employer is not abiding by the terms of a signed contract.
grievance process.
4 types of practice standards that nurses are expected to comply with are:
* the practice standards of the employing institution.
* the nurse practice act from the state the nurse is licensed in.
* any regulatory agency standards.
* standards from current nursing practice based on sound research.
"Respondeat superior" means that:
once an employee has signed a contract to work for an employer,
that employer is liable or responsible for the employee's actions performed in the scope of his employment.
Employers are generally not held liable for _______ by the employee when working or for any _____ committed outside the scope of employment.
acts of gross negligence,
crimes or negligent acts.
Match the legal document with the defining characteristic(s):

* umbrella term for various types of legal documents.
advance directive.
Match the legal document with the defining characteristic(s):

* 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.
durable power of attorney.
Match the legal document with the defining characteristic(s):

* enables one person to act in the best interests of another even though no end-of-life preferences have been indicated.
healthy care proxy.
Match the legal document with the defining characteristic(s):

* includes instructions about end-of-life preferences.
living will.
Match the legal document with the defining characteristic(s):

* 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.
DNR order.
Match the legal document with the defining characteristic(s):

* person who is responsible for this form is generally the person performing surgery or conducting research.
informed consent form.
The primary regulating body in each state is generally:
a state board of nursing.
State boards of nursing are responsible for:
* establishing standards for professional licensure of nurses.
* administering licensing examinations.
* licensing applicants who have passed exams.
* investigating violations of statues and regulations.
* holding disciplinary hearings.
* imposing any penalties.
* administering state nurse practice acts.
Match the federal statute with the defining characteristic.

* requires states to provide information about advance directives.
Patient Self-Determination Act.
Match the federal statute with the defining characteristic.

* pertains to a person's right of access to federal agency records.
Freedom of Information Act.
Match the federal statute with the defining characteristics.

* 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.
Omnibus Budget Reconciliation Act of 1987.
Match the federal statute with the defining characteristics.

* 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.
American with Disabilities Act.
Match the federal statute with the defining characteristics.

* administered by the Food and Drug Administration (FDA).
* law that was passed to protect the public from dangerous equipment.
Safe Medical Device Act.
Match the federal statute with the defining characteristics.

* guards the confidentiality of people.
* patients have a right to view their own medical records under this act.
Health Insurance Portability and Accountability Act.
Match the federal statute with the defining characteristics.

* mandates that the hepatitis 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.
Needlestick Safety and Prevention Act.
The purpose of mandatory professional licensure is to:
assure the public that the person who holds a license is competent to care for them in a safe and professional manner.
To obtain a professional nursing license, the applicant must:
pass the comprehensive NCLEX-RN written exam following graduation from an approved educational program.
A nurse is licensed in one state, but is planning to move to another state.

What should she do before moving?
Check to see if the two states are party states (honor one another's licenses): multistate licensure.

If not, the nurse can be licensed in the new state by "endorsement". (The rules of endorsement vary from state to state.)
The primary purpose of mandatory continuing education is to:
ensure that nurses have current and updated knowledge of nursing practice beyond what they received in their basic nursing education programs.
How would a state board of nursing know whether a nurse is in compliance with the mandatory continuing education?
When submitting the license renewal application, the nurse is usually required to include proof of CEUs (CE units).
* state statutes that generally provide immunity from liability for health care providers 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.
Good Samaritan laws.
Grounds for revocation of a nursing license might include:
* professional misconduct.
* conviction of a felony.
* substance abuse.
State boards of nursing have the right to revoke or suspend licenses.

Licenses might be revoked and then reissued after:
certain conditions are met by a nurse.

(i.e. A nurse with a chemical abuse problem who has undergone a specified program of rehabilitation.)
All states have laws mandating professional health care workers to report any:
abuse, suspected abuse, or maltreatment of children that they come into contact with in their professional capacity.
A patient sustains a skin tear when being transferred by a nurse from a bed to a wheelchair.

What should the nurse do?
1. assess the patient's injury and provide the necessary treatment. (includes notifying patient's physician)
2. fill out an accident and incident report (may be called an irregular occurrence report).
From a legal perspective, why is accurate charting so important?
The patient chart is considered a legal document and can be subpoenaed by a court of law.

If something done for a patient isn't charted, the court of law assumes it did not occur.
If a patient sustains an injury, develops a fever, or has some other change of condition, what is one of the primary rules for good charting?
If an entry is made noting a change in a patient's condition, it is important to continue charting on the patient until the situation has been resolved.
Which of the following statements would be better to use when charting? Why?

1. "The patient looked extremely sad this morning."
2. "The patient was crying this morning, but he stated, 'Nothing is wrong.'"
2. "The patient was crying this morning, but he stated, 'Nothing is wrong.'"

Statement 1 is subjective.
Statement 2 is objective.
A whistle-blower is a person who:
reports to someone in authority any unethical behavior in the workplace.

(Can involve reporting unethical or unsafe practices y employers or the employing institution to state or federal authorities.)
Match the aspect of a lawsuit with the appropriate definition:

* person making a complaint.
plaintiff.
Match the aspect of a lawsuit with the appropriate definition:

* person charged with a violation.
defendant.
Match the aspect of a lawsuit with the appropriate definition:

* rules governing the length of time to bring a lawsuit.
statutes of limitations.
Match the aspect of a lawsuit with the appropriate definition:

* the length of time leading up to an actual trial.
discovery period.
Match the aspect of a lawsuit with the appropriate definition:

* time period when witnesses are called to testify.
trial.