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Ch. 5 Nsg Lead

Legal and Legislative Issues

QuestionAnswer
Criminal, Civil, or Administrative? Individual faces charges generally filed by the state or federal attorney general for crimes committed against an individual or society. Intentional drug overdose. Criminal Law
Criminal, Civil, or Administrative? One individual sues another for money to compensate for perceived loss. Malpractice suits. Civil Law
Criminal, Civil, or Administrative? Individual is sued by a state or federal governmental agency assigned the responsibility of implementing governmental programs. Violates state nsg practice act. Administrative Law
Which of the following are reasons for increased liability in nsg? More autonomy, decreased legal account., more medical realm practices, more money, less people carrying malpractice insurance. More autonomy. Increased legal account., more medical realm, making more money, more carrying malpractice insurance.
Why are nurses at increased liability? Their realm of responsibility has decreased, fewer nurses have liability insurance, nurses are making more money, or nurses currently have less independence in decision making. Nurses are making more money. HIgher salaries increase liability.
T or F? Malpractice for nurses can increase likelihood of being sued by individuals. True. Individuals more likely sue those with financial resources.
The failure of a person with professional training to act in a reasonable and prudent manner. Malpractice, maleficence, tort offense, assault. Malpractice
T or F? A standard of care must be in place and then failed by an individual or company for professional negligence to occur? True
T or F? Forseeability of harm does not need to exist for professional negligence. False. Harm must exist
T or F? There must be a correlation, provable or not, between care and harm? False. Must be proven
T or F? Patient injury must occur with professional negligence? True
T or F? Ignorance is a justifiable excuse with negligence. Such as "doing what the doctor told me." False.
T or F? Following a physician's order is a valid excuse in a malpractice case? False. Nurses have a responsibility to safeguard their patients, independent of physician's orders.
Which are legal terms relevant to the nursing profession? Res ipsa loquitur, respondeat superior, product liability, stare decisis? All of the above
"To let the decision stand." Product liability, stare decisis, res ipsa loquitur, Intentional tort Stare decisis
"The master is responsible for the acts of his servants." Product liability, respondeat superior, stare decisis, or res ipsa loquitur? Respondeat superior
Harm is obviously the resut of negligence (legal terms). Product liability, respondeat superior, res ipsa loquitur, or stare decisis. Res Ipsa loquitur
Which of the following is an example of a tort? Assault and battery, restraint, HIPPAA violation, defamation of character, and being unruley. A & B, HIPPA, defamation. Restrain is ok, just not false imprisonment. There's no law against being an unfriendly nurse.
Which is not an intentional tort? False imprisonment, defamation of character, invasion of privacy, or negligence? Negligence. An intentional tort requires the act be committed with the awareness of the perpetrator.
T or F? Inadequate charting is not a cause of nurses being sued. False.
T or F? Lack of communication is one of the ldeading causes of complaints against nurses True
T or F? Leading potentially harmful items with patient reach is ok in some situations? False. It is never excusable in court.
T or F? Patients can sue nurses if they fall while not being attended? True
Who defines RN Boundaries for practice? Nurse Practice Act, Board of registered nsg, NCBON, Attorney General. Nurse Practice Acts
Which of the following are ways in which the Board of RN protects citizens? RN licensing, RN educational standards, RN course studies, EBP, discipline of RNs, and Continuingn education. RN licensing, RN educational standards, RN continuing education, disciplining RNs.
A legal instrument that defines what the functions of nsg shall be and sets standards for liscensure. Nurse Practice Act
Which Act grants a nurse their authority? Nurse Practice Act
Informed, Implied, or Express consent? Pt receives full disclosure. Pt must understand benefits and risks associated with procedures. Informed
Which Act requires health care organizations that receive federal funding to provide education fonr staff and pts on issues concerning tx and en-of-life issues. Patient Self-Determination Act
What is good samaritan immunity? Think disasters or emergencies. Nurse not liable for injury that occurs at site of emergency.
Created by: Blitzkid22