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Chapter 22 Potter
Legal Implications in Nursing Practice
| Question | Answer |
|---|---|
| Created by elected legislative bodies such as state legislatures and the U.S. congress | statutory law |
| These describe and define the legal boundaries of nursing practice within each state | Nurse Practice Acts |
| Created by administrative bodies such as State Boards of Nursing when they pass rules and regulations | regulatory law / administrative law |
| Prevent harm to society and provide punishment for crimes | criminal laws |
| protect the rights of individual persons within our society and encourage fair and equitable treatment among people | civil laws |
| Standards of Care | legal guidelines for nursing practice |
| broad reaching civil rights act that protects the rights of disabled people. It's also the most extensive law on how employers must treat health care workers and clients infected with HIV | Americans With Disabilities Act |
| HIPAA | Health Insurance Portability Accountability Act; sets standars regarding electronic exchange of private and sensitive health information; limits the extent to which health plans may impose preexisting condotion limitations |
| The Nurse Practice Acts are an example of: | statutory law |
| The scope of nursing practice, the established educational requirememnts for nurses, and the distinction between the nursing and medical practice is defined by: | Nurse Practice Acts |
| The client's right to refuse treatment is an example of what type of law? | common law |
| The most common sources of client injury are: | medication errors and falls |
| This act allows an individual who is at least 18 years of age to make an anatomincal gift or organ donation: | Uniform anatomical gift act |
| When the RN stops to help in an emergency at the scene of an accident, if the injured party files suit and the RN's employing institution's insurance doesn't cover the RN, the RN would probably be covered by: | The good samaritan laws, which grant immunity from suit if there is no gross negligence |
| The legal definition of death that facilitates organ donation is cessation of: | functions of entire brain |
| Even though the RN may obtain the client's signature on a form, obtaining informed consent is the responsibility of the: | physician |
| The nurses malpractice insurance covers the nurse for incidents that occur: | while the nurse is working within the scope of his employment |
| The nurse is obligated to follow a physician's order unless: | the order is an error, violates hospital policy, or would be detrimental to the client |
| Key Concepts (22) | the civial law system is concerned with the protection of a person's private rights, and the criminal law deals with rights of individuals and society as defined by legislative statutes |
| Key Concepts (22) | RN can be found liable of malpractice if the following criteria are established: RN owed a duty to client, RN didn't carry out that duty, client was injured, and the RN's failure to carry out duty caused client's injury |
| Key Concepts (22) | all clients are entitled to confidential healthcare and freedom from unauthorized release of information |
| Key Concepts (22) | Under the law, practicing RN's must follow standards of care, which originate in the Nurse Practice Acts, the guidelines of professional organizations, and written policies/procedures of employment institutions |
| Key Concepts (22) | RN's are responsible for confirming that informed consent has been given for any surgery or other medical procedure before the procedure is performed |
| Key Concepts (22) | RN's are responsible for performing all procedures correctly and exercising professional judgement as they carry out physician orders |
| Key Concepts (22) | staffing standards determine the ratio of RN's to clients, and if the RN is required to care for more clients than is reasonable, a formal protest should be made to the nursing administration |
| Key Concepts (22) | Legal issues involving death include documenting all events surrounding the death, treating a deceased person with dignity, and obtaining consent for an autopsy from the decedant before death or a close family member after death |
| Key Concepts (22) | a competent adult can legally give consent to donate specific organs, and RN's may serve as witnesses to these decisions |
| Key Concepts (22) | RN's are client advocates and ensure quality of care through risk mngmt. and lobbying for safe nursing practice standards |
| Key Concepts (22) | Depending on state laws, RN's are required to report possible criminal activities such as child abuse, as well as certain communicable diseases |
| Key Concepts (22) | RN's must file incident/occurence reports in all situations when someone could or did get hurt |
Created by:
rschoengold
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