Textbook Of Basic Nursing Chapter 4

Front 1

The legal responsiblility for one's actions or failure to act appropraitely
Commission of a forbidden act
Ommission of an act required by law

Back 1

Liability

Front 2

An injury that that occured becuse of another person's intentional or unintentional actions or failure to act

Back 2

Tort

Front 3

The failure to act as a reasonable person would have acted in a similar situation

Back 3

Negligence

Front 4

A wrong committed against a person or property or public good

Back 4

Crime

Front 5

A serious crime

Back 5

Felony

Front 6

A crime that is considered not as serious as a felony

Back 6

Misdemeanor

Front 7

Failure to act as a reasonable person would have acted in a similar situation

Back 7

Negligence

Front 8

Improper, injurious, or faulty treatment of a client resulting in illness or injury

Back 8

Malpractice

Front 9

Defined by the state's Nurse Practice Act

Back 9

Standards of practice

Front 10

Threat or attempt to do bodily harm
Includes physical or verbal intimidation

Back 10

Assualt

Front 11

Physical contact, touching a person's body, clothing, chair or bed, False imprisonment,Invasion of privacy

Back 11

Battery

Front 12

Tests, treatments, medications, outcomes, possible complications, and alternative procedures explained to the client

Back 12

informed Consent

Front 13

Assumes that if life-threatening circumstances occur, the client would provide consent for care.

Back 13

inferred consent

Front 14

A written statement or photograph that is false or damaging

Back 14

Libel

Front 15

An act that harms a person's reputation and good name

Back 15

Defamation

Front 16

Standards to protect and guard against the misuse of individual identifiable health information

Back 16

HIPAA

Front 17

Only individuals who are regulated by the _________________ can legally be called nurses

Back 17

Nurse practice Act

Front 18

a legal document: a person either states choices for medical treatment or names someone to make treatment choices if he of she loses decison-making ability

Back 18

advance direct

Front 19

Three major types of advance directives

Back 19

1. Living will
2. Directives to physicians
3. Durable power of attorney for healthcare

Front 20

The right to make one's own decision

Back 20

Autonomy

Front 21

the duty to do no harm

Back 21

nonmaleficence

Front 22

"doing well"

Back 22

Beneficence

Front 23

refers to a sense of fairness

Back 23

Justice

Front 24

keeping promises and agreements

Back 24

fidelity

Front 25

telling the truth

Back 25

Veracity

Front 26

term used when client decides to leave the hospital without a primary care provider's order

Back 26

AMA Against Medical Advice

Front 27

are used to make decisions about risk management and quality control

Back 27

Incident reports

Front 28

process by which a licensed nurse in one state may receive a license in another state without retaking the licensing exam

Back 28

endorsement

Front 29

status that says a nurse has the minimum requirements for competence and practice

Back 29

licensure

Front 30

procedure in which a person transfers licensure from on state to another

Back 30

reciprocity

Front 31

term applies to person praciticing as a practical nrse in CA and TX

Back 31

vocational nurse

Front 32

refers to moral principles and values that guide human behaviors or may be defined as conduct appropriate for all members of a group.

Back 32

Ethics

Front 33

a legal document in which a person either states choices for medical treatment or names someone to make treatment choices if he or she loses decision-making ability.

Back 33

advance directive

Front 34

euthanasia

Back 34

mercy killing

Front 35

Examples of intentional torts include

Back 35

assault, battery, false imprisonment, invasion of privacy, and defamation.

Front 36

The example of an unintentional tort is

Back 36

negligence

Front 37

____________is defined as harm done to a client as a result of neglecting duties, procedures, or ordinary precautions.

Back 37

Negligence

Front 38

one of the most common causes of lawsuits by clients of healthcare.
takes into account your educational level and experience.

Back 38

Negligence

Front 39

A nurse can be found negligent and be sued for damages for any of the following reasons:

Back 39

1. Performing nursing procedures that have not been taught
2. Failing to follow standard protocols as defined by the facility's policy and procedure manuals
3. Failing to report defective or malfunctioning equipment
4. Failing to meet established standards of safe care for clients
5. Failing to prevent injury to clients, other employees, and visitors
6. Failing to question a physician's order that seems incorrect

Front 40

Harm that results from a licensed person's actions or lack of actions can be called

Back 40

malpractice

Front 41

A nurse commits ____________when his or her conduct deviates from the normal or expected standard of behavior that would be performed by someone of similar education and experience in similar circumstances.

Back 41

malpractice

Front 42

Telling the client that you are going to restrain him in bed if he tries to get out of bed without assistance is

Back 42

assault

Front 43

A gesture that the client may perceive as a threat is ________if the client believes that force or injury may follow.

Back 43

assault

Front 44

The nursing student never serves as a witness to any
_____________

Back 44

legal papers or documents.

Front 45

All teaching must be

Back 45

documented.

Front 46

Excessive force is never appropriate. T or F

Back 46

True

Front 47

________________is a legal term that implies that a healthcare professional has prematurely stopped caring for a client.

Back 47

Abandonment of care

Front 48

________means that a client has the right to expect that his or her property will be left alone.

Back 48

The right to privacy

Front 49

Physical striking or beating is ________ . Also, the touching of a person's body, clothing, chair, or bed.

Back 49

battery

Front 50

Forcing the client to get out of bed can be considered both

Back 50

assault and battery

Front 51

___________________may be charged in certain situations, such as the use of unnecessary restraints or solitary confinement

Back 51

False imprisonment or restraint of movement

Front 52

False imprisonment may be a result of either

Back 52

physical or chemical limitations.

Front 53

___________is the term given to malicious verbal statements that are false or injurious

Back 53

Slander

Front 54

The federal government initiated the stringent privacy act HIPAA in what year? HIPAA stands for __________________________________,

Back 54

2003
Health Insurance Portability and Accountability Act of 1996

Front 55

___________national standards for the protection of health information for health plans, healthcare clearinghouses, and healthcare providers who conduct certain healthcare transactions electronically.

Back 55

HIPAA

Front 56

Failure to comply with HIPAA standards may result in

Back 56

civil or criminal penalties.

Front 57

The law that defines and regulates the practice of nursing in the United States is called the ______. These laws define the title of “nursing” and regulate the many aspects of the field of nursing.

Back 57

Nurse Practice Act

Front 58

The legislative power to initiate, regulate, and enforce the provisions of the Nurse Practice Act is delegated to a specific state agency often known as the

Back 58

State Board of Nursing.

Front 59

the Board may define LPN/LVN limitations regarding working with

Back 59

intravenous lines and administering intravenous medications.

Front 60

The Boards work cooperatively with other regulating Boards, such as the _________________and the _________________

Back 60

Board of Medical Examiners and the Pharmacy Board.

Front 61

All state “Boards” may be part of one or more larger state agencies such as the

Back 61

Department of Consumer Affairs
or
the Department of Health Services.

Front 62

The ______________ or ____________ in each state, province, or territory defines regulations for practical and registered nursing.

Back 62

The law
or
Nurse Practice Act

Front 63

The major concepts of the legislation of Nurse Practice Acts include:

Back 63

1. Definition of practical and registered nursing
2. Nursing functions protected by the law
3. Requirements for an approved school of nursing
4. Establishment of requirements for licensure
5. Process and procedures for becoming licensed in each state, territory, or province
6. Procedures for maintaining licensure.
7. Conditions under which a license may be suspended or revoked and conditions for reinstatement
8. Procedures for transferring licenses from one state to another (interstate endorsement)

Front 64

The Nurse Practice Act defines conditions under which a license can be revoked. Such conditions include

Back 64

drug or alcohol abuse,
fraud,
deceptive practices,
criminal acts,
previous disciplinary action, and gross or ordinary negligence.

Front 65

NCLEX-PN

Back 65

the National Council Licensing Examination for Practical Nurses

Front 66

The purpose of the NCLEX-PN is to separate candidates into two groups:

Back 66

those who can pass with minimal entry-level knowledge and those who cannot.

Front 67

Test questions for the NCLEX-PN are written by

Back 67

practicing clinical nurses and educators

Front 68

Legal actions involving negligent acts by a person engaged in a profession may become

Back 68

malpractice lawsuits.

Front 69

CEUs

Back 69

continuing education units

Front 70

CEHs

Back 70

continuing education hours

Front 71

Common-Sense Precautions

Back 71

Follow Accepted Procedures
Be Competent in Your Practice
Ask for Assistance
Document Well
Do Not Give Legal Advice to Clients
Do Not Accept Gifts
Do Not Help a Client Prepare a Will
Consider a Malpractice Insurance Policy

Front 72

The ____________________is the written and legal evidence of treatment.

Back 72

health record

Front 73

_______________is perhaps the most important thing you can do to protect yourself against an unjustified lawsuit.

Back 73

Careful documentation

Front 74

Malpractice insurance covers nurses only when they act

Back 74

“as any prudent nurse would.”

Front 75

Remember the following important considerations of Professional Boundaries

Back 75

Power versus vulnerability
Boundary crossings
Boundary violations
Professional sexual misconduct

Front 76

PSDA

Back 76

Patient Self-Determination Act

Front 77

__________ requires that all adults admitted to any healthcare facility must be asked if they have an advance directive and given assistance if they desire more information.

Back 77

PSDA

Front 78

A _________________is a written and legally witnessed document (but can be executed without an attorney) that requests no extraordinary measures to be taken to save a person's life in the event of terminal illness

Back 78

living will

Front 79

The Nurse's Responsibility in Determination of Advance Directives:

Back 79

1. Understand the different types of advance directives.
2. Know specific advance directives that apply to certain areas (such as in mental health units).
3. Obtain assistance if clients wish to change an advance directive, as their condition or desires change.
4. Teach clients so they can make informed decisions.
5. Inform clients that they have the right to refuse treatment or can refuse life-prolonging measures but can still receive palliative care and pain control

Front 80

A ____________________ is another type of written document that can be useful for terminally ill adults who have no other person to name as their agent for making healthcare decisions.

Back 80

directive to physicians

Front 81

written document in which a client names another person to make healthcare decisions for him or her should the client become unable to do so.

Back 81

durable power of attorney

Front 82

the _______________________ establishes specific guidelines for psychiatric care.

Back 82

mental health advance declaration

Front 83

Laws protecting the vulnerable are particularly important for those who work with

Back 83

mentally ill, mentally retarded, or confused persons.

Front 84

_________________as observed and declared, usually by a physician, is the total lack of activity of any of the body's systems.

Back 84

Legal death

Front 85

____________is death due to natural causes.

Back 85

Biological death

Front 86

__________is the cessation of brain function. may also be known as clinical death.

Back 86

Brain death

Front 87

In all cases that may involve the determination of death, the following exceptions are identified:

Back 87

Marked hypothermia (core body temperature below 90°F [32.2°C]
Severe depression of the central nervous system (CNS) after drug overdose with a CNS depressant, such as a barbiturate

Front 88

Criteria for the diagnosis of brain death include the following:

Back 88

1. Cessation of breathing after artificial ventilation is discontinued
2. Cessation of heartbeat without external stimuli
3. Unresponsiveness to external stimuli
4. Complete absence of cephalic reflexes
5. Pupils fixed and dilated
6. Irreversible cessation of all functions of the brain

Front 89

Today, healthcare workers confront many ethical issues that have arisen as a result of

Back 89

1. increased knowledge and technology
2. changing demographic patterns
3. consumer demands

Front 90

______________are the culmination of heritage, culture, and one's family of origin, combined with life experiences. They evolve as life situations change. They may change when a person is faced with illness, injury, and possible death.

Back 90

Values

Front 91

provides a motivation for establishing, maintaining, and elevating professional standards. Each LP/VN, upon entering the profession, inherits the responsibility to adhere to the standards of ethical practice and conduct as set forth in this Code.

Back 91

Code of Ethics: National Federation of Licensed Practical Nurses

Front 92

UNOS

Back 92

The United Network of Organ Sharing

Front 93

An ethical principle that emphasizes doing what is best for the patient or can be defined as 'if the healthcare team makes the decision about treatment

Back 93

beneficence

Front 94

If the client makes the decision, it is termed

Back 94

autonomy

Front 95

was called “mercy killing.” It meant the deliberate taking of a person's life to put the individual out of misery. This definition has been amended to include the withdrawal or withholding of treatment.

Back 95

Euthanasia

Front 96

means denial of treatment or care because treatment has been deemed inappropriate, not enough of a particular treatment is available or the client or family has refused it.

Back 96

Withholding treatment

Front 97

The only time a person does not have the right to make the decision to refuse treatment is

Back 97

when the greater public interest would be in danger.

Front 98

Healthcare facilities have ethics committees made up of

Back 98

healthcare professionals, chaplains, social workers, and others.

Front 99

The chief functions of the ethics committee are

Back 99

education, policy-making, case review, and consultation

Front 100

______________must be obtained before treatment may be withheld or removed.

Back 100

A court order

Front 101

Clients are ________ ____________in their own healthcare.

Back 101

active participants

Front 102

In 1972, the American Hospital Association )adopted a _________________ which states the rights of hospitalized individuals

Back 102

A Patient's Bill of Rights,

Front 103

AHA

Back 103

American Hospital Association

Front 104

The nurse or physician also has the right to bring charges against a client for

Back 104

an unlawful act, such as a physical attack

Front 105

What standard of care is the vocational nursing student held to when providing care normally performed by a licensed vocational nurse?

Back 105

The student is held to the same standard as the licensed vocational nurse.

Front 106

What is the nurse's responsibility in obtaining informed consent?

Back 106

Confirm that the signed consent is in the chart prior to the procedure.

Front 107

Safeguards for the nurse and student nurse against litigation include:

Back 107

Follow accepted procedures.

Front 108

Privacy means that information is available to the client but not to the public. Information collected may be used to

Back 108

provide effective care,
develop treatment guidelines, determine ability to pay for care,
bill third-party payers,
and
anonymously conduct research studies.

Front 109

The American Hospital Association first adopted A Patient's Bill of Rights in ____, and revised it in ____.

Back 109

1972

1992

Front 110

_________________________________________________ is responsible for the NCLEX exams.

Back 110

The National Council of State Boards of Nursing

Front 111

NCSBN

Back 111

The National Council of State Boards of Nursing