Transition To Rn Role Ch 12

Front 1

CIVIL law

Back 1

guilt is proved by preponderance of evidence against a person;

designed to protect person and property;

a violation of this law is called tort

Front 2

CRIMINAL law

Back 2

guilt must be proven beyond reasonable doubt;

designed to protect the public from harmful acts;

misdemeanor and felonies

Front 3

TORT

Back 3

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

Front 4

--TORTS--

Back 4

--defining characteristics--

Front 5

assault

Back 5

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

Front 6

battery

Back 6

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

Front 7

abandonment

Back 7

leaving someone wothout adequate care or assistance;

Front 8

character defamation

Back 8

libel and slander;

making false and malicious statements about someone;

violates one's right to maintain and enjoy a good reputation

Front 9

false imprisonment

Back 9

using force to prevent a person from freely moving about;

violates one's right to personal liberty

Front 10

fraud

Back 10

a false statement made to another person with intent to deceive;

Front 11

invasion of privacy

Back 11

sharing information about apatient without his or her knowledge or permission;

violates ones right to privacy

Front 12

negligence

Back 12

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;

Front 13

malpractice

Back 13

specific type of negligence;

could be an act of omission or commission;

misconduct or improper practice by any professional

Front 14

physician's order

Back 14

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

Front 15

confidential information

Back 15

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

Front 16

breach of duty;
breach of standards of care

Back 16

when a nurse engages in an activity not identified as a nursing function by the nurse practice act

Front 17

proof of malpractice is dependent on which factors:

Back 17

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.

Front 18

Two classifications of crimes

Back 18

misdemeanor and felonies

Front 19

misdemeanors in nursing

Back 19

theft of a patient's possessions and pushing a patient

Front 20

felonies in nursing

Back 20

falsification of narcotic records;
withholding life support from a terminally ill patient;
administering a drug to hasten death.

Front 21

nurse administers one hundred unit of insulin rather that the ten units that were ordered, and the patient sustains brain damage

Back 21

malpractice

Front 22

nursing home administrator falsifies Medicare records

Back 22

Fraud

Front 23

nurse gossips about a coworker and makes false statements about his character

Back 23

slander

Front 24

nursing assistant is observed physically forcing a nursing home resident into a chair

Back 24

battery

Front 25

nurse restrains a patient without a physician's order for the convenience of the staff

Back 25

false imprisonment

Front 26

an 0ff-duty nurse stops at a car accident and gives first aid but leaves the scene before the ambulance arrives

Back 26

abandonment

Front 27

a nurse tells a friend about the diagnosis of a hospitalized patient whom he is caring for

Back 27

breech of confidentiality

Front 28

a nurse threatens to injure another person with a knife

Back 28

assault

Front 29

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

Back 29

negligence

Front 30

nurse writes a note that falsely accue a coworker of stealing and leaves the note at the nurse's station

Back 30

libel

Front 31

--types of law--

Back 31

--defining characteristics--

Front 32

constitutional law

Back 32

type of statutory law;

federal law;

most authoritative type;

the right of privacy and confidentiality are protected by this law

Front 33

enacted law

Back 33

statutory law;

nurse practice acts are examples;

second most authoritative;

social security is an example

Front 34

regulatory law

Back 34

statutory law;

CMS functions in accordance with this type of law;

executive or admnistrative law;

provide rules for enacted laws;

third most authoritative

Front 35

common law

Back 35

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

Front 36

case law

Back 36

judicial law;

law based on previous decisions and judgments made in other specific cases;

Front 37

nurse practice acts

Back 37

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.

Front 38

grievance process

Back 38

formal process a nurse can go thru if they believe that the employer is not abiding by the terms of a signed contract.

Front 39

grievance

Back 39

complaint that arises from any circumstances or condition of employment.

Front 40

4 types of practice standards which nurses needs to comply with

Back 40

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

Front 41

Respondeat superior

Back 41

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

Front 42

advance directive

Back 42

umbrella term for various types of legal documents

Front 43

durable power of attorney

Back 43

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

Front 44

healthy care proxy

Back 44

enables one person to act in the best interests of another even though no end-of-life preferences have been indicated.

Front 45

living will

Back 45

includes instructions about end-of-life preferences

Front 46

dnr order

Back 46

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

Front 47

informed consent form

Back 47

person who is responsible for this form is generally the person performing the surgery or conducting research

Front 48

state board of nursing

Back 48

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

Front 49

Patient Self-Determination Act

Back 49

requires state to provide information about advance directives

Front 50

Freedom of Information Act

Back 50

pertains to a person's right of access to federal agency records

Front 51

omnibus budget reconciliation act 0f 1987

Back 51

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

Front 52

Americans with Disabilities Act

Back 52

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

Front 53

Safe Medical Device Act

Back 53

administered by the FDA;

law that was passed to protect the public from dangerous equipments

Front 54

HIPAA;
Health Insurance Portability and Accountability Act

Back 54

guards confidentiality of the people;

patients have the right to view their own medical records under this act

Front 55

NeedleStick Safety and prevention act

Back 55

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

Front 56

Family and Medical Leave Act

Back 56

entitles federal employees to unpaid leave for family illness

Front 57

occupational health and safety act

Back 57

ensures safety for workers in the workplace

Front 58

mandatory professional licensure

Back 58

purpose is to assure public that the person who holds a license is competent to care for them in a safe and professional manner.

Front 59

what should a nurse do before moving to another state

Back 59

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

Front 60

purpose of mandatory continuing education

Back 60

ensure that nurses have current and updated knowledge of nursing practice beyond what they receives in basic nursing education programs

Front 61

how do nurse boards know that nurses are in compliance with mandatory education

Back 61

nurses are usually required proof of CEU

Front 62

three reasons for license revocation

Back 62

professional misconduct;

conviction of a felony;

substance abuse

Front 63

who can revoke or suspend nursing licenses

Back 63

state boards of nursing

Front 64

under what circumstances might a license be revoked and then reissued

Back 64

after certain conditions are met by the nurse;

for ex; nurse with chemical abuse problem who has undergone a specified rehab program

Front 65

good samaritan laws?

Back 65

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

Front 66

two requirements in order for the Good Samaritan law to apply

Back 66

it must be a voluntary;

actions must be an effort to help in good faith

Front 67

any abuse;
suspected abuse;
maltreatment of children

Back 67

mandated by all state laws for professional health care workers to report

Front 68

patient sustains skin tear when being transferred by a nurse from a bed to a wheelchair, nurse should

Back 68

first priority; assess patient's injury and provide necessary treatment,

notify physician

Front 69

why is accurate charting important

Back 69

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

Front 70

primary rule for good charting

Back 70

if an entry is made noting change in patient's condition, IMPRTANT to continue charting until the situation has been resolved.

Front 71

whistle blower

Back 71

person who reports to someone in authority any unethical behavior in the workplace.

Front 72

plaintiff

Back 72

person making complaint

Front 73

defendant

Back 73

person charged with a violation

Front 74

statutes of limitations

Back 74

rules governing the length of time to bring a lawsuit

Front 75

discovery period

Back 75

the length of time leading up to an actual trial

Front 76

trial

Back 76

time period when witnesses are called to testify