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Week 11 - NUR 200

Legal Accountability

TermDefinition
What is law - Rule or code of conduct that guides appropriate actions and defensible decisions of an individual group - Protects society - Establishes acceptable patterns of behaviors - Enforceable by a controlling authority
Constitutional Law - Superior law - All states
Statutory Law - Passed by Congress or legislative body - Nurse Practice Acts (NPA)
Administrative Law - Administrative agencies - Board of nursing to enforce each states NPA (nurse practice act)
Common (Judicial) Law - Made by judges or courts - Based on common custom traditions
Federal Law: HIPPA - Health Insurance Portability Accountability Act - Protects privacy of personal health information - Protects health insurance benefits for workers who lose or change their jobs - Protect coverage to person with preexisting medical conditions - standards to protect privacy of personal health info.
Federal Law: Health Information Technology for Economic and Clinical Health Act (HITECH) - Agencies are required to notify patients of breaches without unreasonable delay and in no more than 60 days - Fines include $250,000- $1.5 million - Willful neglect
Federal Law: Emergency Medical Treatment and Labor Act (EMTALA) - Requires healthcare facilities to provide emergency medical treatment to patients - Regardless of their ability to pay, legal status, or citizenship status
Federal Law: Patient Self- Determination Act (PSDA) - Patient’s rights to make decisions regarding their own healthcare - Must inform patient about: - Available medical or surgical treatment options - Benefits - Risks - Alternatives Advance Directives
Federal Law: American With Disabilities Act (ADA) Protection against discrimination of individuals with disabilities Disability: physical or mental impairment that substantially limits one or more major life activities. reasonable accommodations within the work, educational/health care environments
State Law: Mandatory Reporting Laws Must report: Communicable diseases Physical abuse Sexual abuse Emotional abuse Neglect Does not violate HIPPA Failed reporting can lead to criminal misdemeanor or disciplinary action
State Laws: Good Samaritan Laws Protect from liability those who provide emergency care Differs from state to state
State Laws: Nurse Practice Acts (NPAs) Type of statutory law Passed by each state’s legislative body that define the practice of nursing
Other Guidelines for Practice: Institutional Policies and Procedures American Nurses Association Code of Ethics Patient Care Partnership American Nurses Association Nurse’s Bill or Rights American Nurses Association Standards of Practice
Criminal Law: Crime: violation of law as defined by a legislative body Two Types: Felony Misdemeanor
Civil Law: Often results with guilty party paying monetary damages Contract law: written or oral agreement Tort law Quasi- intentional torts Intentional torts Non-intentional torts
Civil Law: Quasi- intentional Torts Actions that injure a person’s reputation Defamation of character False Made by another person or persons Shame and ridicule Made as statement of fact rather than opinion Libel Slander
Civil Law: Intentional Torts Action take by one person with the intent to harm another Violent, hostile, or cause significant amount of pain or distress Prosecuted under criminal law
Types of intentional torts: Assault vs battery False imprisonment Invasion of privacy Fraud
Battery in Nursing In nursing torts, battery is the touching of a patient, without consent, that causes harm. For example, you administered a medication to a patient after they refused, that would be battery
Assault in Nursing Threatening them verbally or even pretending to physically harm them are both examples of assault that can occur in nursing
Unintentional torts Most common type in health care: Negligence Liability Malpractice
Malpractice Must prove four elements Duty Breach of duty Causation Damages
Failure to Assess and Diagnose Inadequate assessment Failure to analyze data Incorrect identification of patients health problems
Failure to plan Formulate plan of care Individualized Consistent with standards of treatments
Failure to Implement a Plan of Care Failure to perform care or nursing interventions
Failure to Evaluate Failure to observe changes after interventions and treatments Not recognizing significance of the change Not documenting or reporting symptoms to the appropriate person
Litigation in Civil Claims Litigation Pleading and pretrial motions Discovery phase Alternative dispute resolution Trial process Appeal
Minimizing Malpractice Risks Observe standards of practice Use your resources Medication Administration Report and document accurately Obtain informed consent Attend to client safety
Minimizing Malpractice Risks Continued. Maintain client confidentiality + privacy Delegate appropriate Provide education + counseling Accept appr. assignments Participate in cont. education Observe profes. boundaries Observe Mandatory Reporting Regula. legal safeguards for nurses
Created by: kaitejules
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