Term
| List sources of law and types of law. |
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Definition
| Sources: Constitution, Legislation (Statutes)-->Nurse practice acts, Administrative law, Common law; Types: Public (Criminal) & Private or civil (Contract law, Tort law) |
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Term
| Describe ways nurse practice acts, standards of care & agency policies & procedures affect the scope of nursing practice |
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Definition
| Constitutional (due process, equal protection), Statutory (Nurse practice acts, Good samaritan acts), Criminal (Homicide, manslaughter, active euthanasia, Sexual assault) Contracts (nurse & client, nurse & employer), Torts (Negligence/malpractice, libel & slander, invasion of privacy) |
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Term
| Compare & contrast the state-based licensure model & the mutual recognition model for multistage licensure. |
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Definition
| State-based (separate license required for each state, challenged by changes in health care delivery), Mutual recognition (new regulatory model developed by NCSBN, allows for multistage licensure, state legislatures initiate & establish a compact (NLC) |
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Term
| Describe the purpose & essential elements of informed consent |
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Definition
| Purpose: provides client w/complete info prior to obtaining agreement by client to accept a course of treatment; based upon principle of autonomy; Essential: consent must be voluntary, must be given by client w/capacity & competence to understand, patient must be given enough info to be decision maker, under no influence of drugs or alcohol |
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Term
| Describe the purpose of the following acts: Good Samaritan Acts and Americans with Disabilities act |
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Definition
| ADA: prohibits discrimination on the basis of disability, purpose: provide national mandate, provide enforceable standards, ensures gov't role in enforcing; Good samaritan: protect health care providers providing assistance at an emergency scene against claims of malpractice |
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Term
| Discuss the impaired nurse and available diversion or peer assistance programs |
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Definition
| Impaired nurse: functions diminished due to chemical dependency on drugs, alcoholism, mental illness; Diversion programs: state boards of nursing, institutional policies, require: counseling, participation in support groups, periodic progress reports |
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Term
| Recognize the nurse's legal responsibilities w/selected aspects of nursing practice |
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Definition
| informed consent, delegation, violence abuse neglect, ADA, controlled substances, impaired nurse, sexual harassment, abortions, death & related issues |
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Term
| Differentiate crimes from torts and give examples in nursing |
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Definition
| Crime: an act committed in violation of public law, doesn't have to be intended in order to be a crime;Tort: civil wrong against a person or person's property, based on fault (something done incorrectly, something omitted) |
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Term
| Discriminate between negligence and malpractice. |
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Definition
| Negligence is misconduct or practice that is below the standard expected of an ordinary, reasonable and prudent person but malpractice is negligence occurred while person while performing as a professional. |
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Term
| Delineate the elements of malpractice. |
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Definition
| Duty, breach of duty, forgeability, causation, harm or injury |
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Term
| Give examples of intentional torts |
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Definition
| Assault/battery, false imprisonment, invasion of privacy, defamation; Act done on purpose or with intent, no harm need be caused; |
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Term
| Give examples of unintentional torts |
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Definition
| negligence, malpractice; negligence, malpractice, do not require intent, require element of harm |
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Term
| Describe the 4 specific areas of the Health Insurance Portability and Accountability Act (HIPAA) and their impact on nursing practice |
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Definition
| 1) Electronic transfer of info among organizations 2) Standardized numbers for id-ing providers, employers & health plans 3) security rule 4) Privacy rule; name cannot be posted near or on room door, charts must be kept in secure location, printed materials shouldn't be unattended in any machine, access to protected, access to protected health info is limited to those authorized to obtain the info |
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Term
| Describe the purpose of professional liability insurance |
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Definition
| necessary due to increasing #s of malpractice lawsuits, nurses advised to carry own insurance, insurance covers costs up to face value of policy |
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Term
| List information that needs to be included in an incident report |
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Definition
| id client by name, initials, or hospital/id number; date, time and place of the incident; description of facts of the incident; incorporation of client's account of the incident in quotes; id of all witnesses; id of any equipment by # and any med by name and dosage |
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Term
| Identify ways nurses and nursing students can minimize their chances of liability |
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Definition
| function w/in scope of education, job, description & nurse practice act; follow procedures and policies, build & maintain good rapport, always check on client id, observe & monitor, accurate communicate & record significant changes; promptly & accurately document all assessments & care, be alert when implementing nursing interventions, perform procedures correctly & appropriately, 5 rights: medication, dose, routes, time, and client |
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