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Arts and Humanities
Fundamentals of Nursing Taylor Ch 7
Taylor's Version 7
Terms in this set (62)
A law enacted by a legislative body. it must be in keeping with both the federal constitution and the state constitution. Nurse Practice Acts are an example of statutory laws.
Rules and regulations that administrative bodies responsible for law enforcement adopt. Ex City Board of Health makes rules and regulations concerning standards of health.
Law resulting from court decisions that is then followed when other cases involving similar circumstances and facts arise - it is court-made law on the principal stare decisis "let the decision stand"; common law is as binding as civil law. Most law involving malpractice is common law.
Process of bringing and trying a lawsuit.
Person or government bringing a lawsuit against another.
The one being accused of a crime or tort.
Nurse Practice Act
Your state's most important law affecting your nursing practice. You should obtain a copy of this act from your state Board of Nursing and study it carefully.Each nurse is expected to care for patients within these defined limits.
Developed and implemented by the nursing profession itself; they are not mandatory but are used as guidelines for peer review. Ex American Nurses Association standards of practice.
Developed by a legislature; they are implemented by authority granted by the state to determine minimum standards for the education of nurses, to set requirements for licensure or registration, and to decide when a nurse's license may be suspended or revoked. Ex state Nurse Practice Acts and rules and regulations of nursing.
Refers to ways in which professional competence is ensured and maintained.
One of three processes used for credentialing; an educational program is evaluated and then recognized as having met certain predetermined standards of education. State legislative bodies enact accreditation laws controlling occupational and professional groups.
One of three processes used for credentialing; a state or province determines that a candidate meets certain minimum requirements to practice in the profession and grants a license to do so. It is based on laws passed by a state legislature to measure entry-level competence,
One of three processes used for credentialing; a person who has met certain criteria established by a nongovernmental association is granted recognition in a specified practice area. It validates specialty knowledge, experience, and clinical judgement.
Offense against people or property; the act is considered to be against the government, referred to in a lawsuit as "the people," and the accused is prosecuted by the state.
Intentional or unintentional acts of wrongdoing against another person or his property; it is tried in a civil court with damages usually being settled with money and is generally considered a less serious offense than a crime.
Wrong committed intentionally by a person (assault and battery, defamation, invasion of privacy, false imprisonment, fraud)
Wrong committed unintentionally by a person (negligence)
A crime of lesser offense than a felony and punishable by fines, imprisonment (usually for less than 1 year), or both, or with parole.
A crime punishable by imprisonment in a state or federal penitentiary for more than 1 year; it is a crime of greater offense than a misdemeanor.
A threat or an attempt to make bodily contact with another person without that person's consent; it is an intentional tort.
An assault that is carried out and includes willful, angry, and violent or negligent touching of another person's body or clothes or anything attached to or held by that other person; it is an intentional tort.
Defamation of character
An intentional tort in which one party makes derogatory remarks about another that diminishes the other party's reputation; slander is oral defamation of character; libel is written defamation of character. (Intentional tort)
Health Insurance Portability Act passed in 1996 by congress ensuring a patient's rights to confidentiality. Violation of privacy is an intentional tort.
Patient right's under HIPAA
-To see and copy their health record
-To update their health record
-To get a list of the disclosures a healthcare institution has made independent of disclosures made for the purposes of treatment, payment, and healthcare operations
-To request a restriction on certain uses or disclosures
-To choose how to receive health information
***Release of a patient's information for purposes other than treatment, payment, and routine healthcare operations, can only be done with signed authorization by the patient to do so. Violation of privacy is an intentional tort.
Unjustified retention or prevention of the movement of another person without proper consent. A person cannot be legally forced to remain in a health agency, such as a hospital, if he or she is of sound mind, even if health practitioners believe they need care. Mentally ill patients may be committed against their will in a psychiatric institution for treatment when it can be proven that they may be a harmful to themselves or others. (Intentional tort)
Willful and purposeful misrepresentation that could cause, or has caused, loss or harm to a person or property. (Intentional tort)
Performing an act that a reasonably prudent person under similar circumstances would not do, or failing to perform an act that a reasonably prudent person under similar circumstances would do. (Unintentional tort)
The term used to describe an act of negligence as applied to a professional person such as a physician, nurse, or dentist. (Unintentional tort)
Involves four elements that must be established to prove malpractice or negligence: Duty, Breach of duty, Causation, and Damages. The legal responsibility for one's acts (and failure to act); includes responsibility for ﬁnancial restitution of harms resulting from negligent acts. (Unintentional tort)
Refers to an obligation to use due care (what a reasonably prudent nurse would do) as defined by the standard of care appropriate for the nurse-patient relationship.
Breach of duty
Failure to meet the standard of care (what a reasonably prudent nurse would do) as defined by the standard of care appropriate for the nurse-patient relationship.
The failure to meet the standard of care (breach) actually caused injury to the patient. *The most difficult to prove
Actual harm or injury resulting to the patient.
Standards of care
What a reasonable person would or would not do under similar circumstances. All nurses are responsible for following standards of care for their particular area of expertise, according to the state's Nurse Practice Act and nursing responsibilities detailed in in the hospital's policies and procedures and in their job description.
Nurse who has knowledge of the actual incident prompting a legal case; bases testimony on ﬁrst hand knowledge of the incident not on assumptions. Accurate documentation is the nurse's best defense.
Nurse who explains to the judge and jury what happened based on the patient's record and who offers an opinion as to whether the nursing care met acceptable standards of practice
Elements of informed consent
Disclosure, comprehension, competence, voluntariness
Patient/surrogate has been informed of the:
1. nature of the procedure
2. risks and benefits (risks: nature of the risk, magnitude, probability that the risk will materialize)
3. alternatives (including non-treatment)
4. fact that no outcomes can be guaranteed
Patient/surrogate can correctly repeat in his or her own words that for which they are giving consent
-The patient understands the information needed to make this decision, is able to reason in accord with a realtively consistent set of values, and can communicate a preference.
-The surrogate (if needed) meets above criteria, knows the patient's wishes to the extent that it is possible, and is free from undue emotional stress and conflict of interests.
The patient is voluntarily consenting or refusing. Care has been taken to avoid manipulative and coercive influences.
Each nurse is responsible for making sure that his or her educational background and clinical experience are adequate to fulfill the nursing responsibilities described in the job description. it includes developing sensitivity to common sources of patient injury, and then taking specific measures to prevent injury. Documentation of practice is key.
The legal duty of the nurse. It is an important aim in nursing to assist patient's in managing their own care.Discuss the nursing plan of care with patients and family members. Document the teaching plans as a part of the nursing plan of care. Document all nursing efforts to educate the patient and family and also the patient's response. "If it isn't documented it didn't happen"
Executing physician orders
1. Be familiar with the parties designated by your state's Nurse Practice Act who can legally write orders
2. Be familiar with your insitution's/agency's policies on physician orders.
3. Attempt to get all physician's orders in writing.Verbal and telephone orders should be countersigned within 24 hours.
a, limit telephone orders to emergencies
b. designate which nurses can take telephone orders
c. repeat telephone order back to the physician
d. document the order (time, date, situation, physician,
reconfirmation, your name, and the if the order is VO or TO)
e. when extensions make it possiible have two nurse's listen to
a questionable order, both countersigning the order.
4. Question any physician ordr that is:
b. contraindicated by normal practice (ie dose of medication that
is abnormally high)
c. contraindicated by the patient's present condition (ie as a
patient's condition improves, they may no longer require
aggressive forms of treatment)
Must be factual, accurate, complete, and entered in a timely fashion. The presumption of the law is that if something was not documented, it was not done. It should include routine acts (taking vital signs, patient repositioning, etc). as well as a comprehensive nursing note for each patient problem addressed during the nurse's time of duty (current nature of problem, intervention, patient response, future priorities of care). It should even include routine acts (taking vital signs, patient repositioning, etc). Documentation should demonstrate continuity of care until problem is resolved.
Term generally used to refer to employees who report their employers' violation of the law to appropriate law enforcement agencies outside the employers' facilities.
Incidence, Variance, or Occurrence reports
Used by healthcare agencies to document the occurence of anything out of the ordinary that results in, or has the potential to result in harm to the patient, employee, or visitor. These reports are for quality improvement and should not be used for disciplinary action. Documentation in the patient record shot NOT include the fact that an incident report was filed.
An unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Appropriate responses include thorough and credible root cause analysis, implementation of improvements to reduce risk, and monitoring of effectiveness of those improvements.
Term for "serious reportable events" (list of 28 identified by the National Quality Forum), extremely rare medical errors that should never happen to a patient. These events include: surgeries performed on the wrong body part or on the wrong patient, leaving a foreign object inside of the patient after surgery, or discharging an infant to the wrong person.
Patient Bill of Rights
Addresses the expectations, rights, and responsibilities of the patient while receiving care in the hospital and community settings.
Good Samaritan Laws
Designed to protect health practitioners when they give aid to people in emergency situations outside of their employment. In the US, 48 states and DC have good samaritan laws but vary considerably. Some states provide no legal obligation to help another even if you are a healthcare worker, other states consider helping to be mandatory for anyone. You must refer to your state's laws to learn its policies.
As a student nurse you are responsible for your own acts of negligence if these result in patient injury and are held to the same standards of care that would be used to evaluate a the actions of a registered nurse. For no reason should you attempt a clinical procedure if you are unsure of the correct steps involved. As a student nurse you are also responsible for being familir with agency policies and procedures.
National Practitioner Data Bank
Designed to restrict the ability of incompetent practitioners to move from state to state without disclosure of the practitioner's previous performance. When a state licenses, certifies, or registers practitioners, they become subject to the National Practitioner Data Bank requirements. Nurses may be reported to the NPDB for medical malpractice payments, adverse licensure actions, or adverse professional actions.
Nurses are obligated both ethically and legally to report abuse (physical, verbal,sexual, and emotional attack; neglect; and abandonment). In many states, the failure to report actual or suspected abuse is a crime in itself. Nurses are protected by law from law suits by alleged abusers if the report found to be false as long as it was filed in good faith. The nurse is responsible for knowing what needs to be reported in the local area and to what authority.
Describe the intentions of a testator (person who makes the will) to be carried out upon his or her death. Nurses are sometimes asked to witness a testator signing his or her will.
Person who makes a will.
A person who receives money or property from a will
1. the witness should feel sure the testator is of sound mind
2. the witness should feel sure that the testator is acting voluntarily
3. the witness should watch the testator sign the will as well as sign
themselves in the presence of the testator
4. the witness should verify the document is a will and not some
other type of document
5. the witness may not be a beneficiary of the will (in most states)
Grounds for license suspension or revocation
Drug/Alcohol abuse, fraud/deceptive practice, criminal acts or previous disciplinary acts, gross or ordinary negligence, and physical/mental impairment.
when a state attorney decides to charge a nurse with manslaughter for allegedly administering a lethal medication order, this is an example of what type of law
if you wanted to find a list of the violations that can result in disciplinary actions against a nurse, you should read what
Your state's Nurse Practice Act
if you harm a patient by administering a medication (wrong drug, wrong dose etc) ordered by a physician what is your liability
Both you and the physician are responsible for your actions
This set is often in folders with...
Fundamentals of Nursing Taylor Ch 6
Fundamentals of Nursing Taylor Ch 3
Fundamentals of Nursing - Taylor - Ch 1
Fundamentals of Nursing Taylor Ch 9
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