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Definition
| The legal guidelines that nurses follow come from statutory law, regulatory law and common law. State legislatures and congress create these laws. Ex. of state statute would be the Nurse Practice Acts |
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| Reflects decisions made by administrative bodies such as state boards of nursing when they pass rules and regulations. |
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| This act came into place as a result of patients being transferred from private hospital to a public one without appropriate screening (patient dumping). This act ensure that all patients receive appropriate screening within the hospitals capacity before transferring |
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| This law provides rights to clients and protects employees. It protects individual from losing their health insurance when changing job by providing portability allows employees to change jobs without losing coverage as a result of preexisting coverage exclusion as long as they have had 12 months of continuous group insurance coverage. |
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| What is a quasi-intentional tort? |
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Definition
| Negligence or malpractice |
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Definition
| Conduct that falls below the standard of care. Law established standard of care for the protection of others from great risk or harm |
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| Malpractice (professional negligence) |
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Definition
| 1. The nurse owed a duty to a client/patient (plaintiff) 2. The nurse did not carry out that duty 3. The client was injured and 4. The nurses duty to carry out the duty lead to the injury |
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Definition
| nurse who feels she is assigned an unreasonable, unsafe number of patients can put her objections in writing and it will be reviewed. |
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| Who do you report unethical or incompetent nursing conduct to? |
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Definition
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Definition
| Informed consent, the right of a patient to refuse treatment, negligence and malpractice |
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| Could be civil or criminal |
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| Which law protects the right of the individual |
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Term
| What kind of crime could lead to imprisonment for more than a year or the death penalty? |
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| Known as a less serious crime which could result in a fine or imprisonment less than a year. Happens when a nurse misuses a substance |
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Definition
| Set by every state, they are the legal guidelines for defining nursing practice and identifying the minimum acceptable nursing care, they are set by the federal laws that govern where nurses work |
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Definition
| Define the scope of nursing practice, distinguishing between nursing and medical practice and establishing education, licensure requirements for nursing. |
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| Who defines the practice of nursing more specifically? |
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Definition
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| What does the joint commission require from hospitals? |
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Definition
| Requires that accredited hospitals have written nursing policies and procedures |
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Term
| State Statutory Issues in Nursing Practice |
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Definition
| licensure, good Samaritan laws, public health laws, uniform determination of death act, physician assisted suicide |
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| Federal Statutory issues in Nursing Practice |
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Definition
| Americans with disability act, emergency medical treatment and active labor act, mental health parity act, uniform anatomical gift act |
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| Uniform Anatomical Gift Act |
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Definition
Must be 18 years of age to make decision for organ donation
It MUST be in writing and signed. |
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Definition
| Written documents that direct treatment in accordance with patient wishes in the even of a terminal illness or condition. Patient must be able to declare the desire procedures. |
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| Health Care Proxy/ Durable power of attorney |
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Definition
| Legal document that designates a person/ person's to make health care decisions for them once patient is no longer able to do so for themselves. |
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Definition
| Protects the rights of patients, employees, employees who change jobs without losing insurance. |
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Definition
| Have criminal and civil sanctions |
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| State Statutory (Licensure) |
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Definition
| minimum education,licensure exam, offer special skills to public, legal guidelines to protect public and have power to revoke a license. |
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Term
| Intentional/ Willful tort |
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Definition
| Sexual assault, battery, false imprisonment |
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Definition
| Invasions of privacy, defamation of character |
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Definition
| negligence or mal practice |
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Definition
| Any intentional touching without consent (causing injury, offensive to personal dignity, giving an injection without consent. Key word is PATIENT CONSENT |
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Definition
Unjust use of restraints on someone without just cause/ legal warrant.
Patient must be aware of confinement |
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Definition
Written defamation of character
Ex. Falsifying entries in medical record |
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Definition
| Disclosing private patient information |
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Term
| How to avoid malpractice? |
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Definition
Follow standard of care
Competent care
Communicate with other health care providers
Communicate with patient
Documentation
Follow policy and procedures
Know current best practices |
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Term
| If patient is deaf or foreign, what MUST be present? |
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Definition
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Definition
| Only covers nurses at work, protects against negligence or malpractice claims |
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| Safe Harbor must be filed... |
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Definition
| Before leaving the workplace setting THAT day |
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Definition
Identify possible risks.
Analyze risks.
Act to reduce risks.
Evaluate steps taken. |
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