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CH 23

Legal Info for safe nursing practice

Explain the legal concepts of standards of care Standards of care are legal requirements for nursing practice that describes minimum acceptable nursing care EX: ANA develops standards for nursing practice, policy, statements& similar resolutions; described in Nurse Practice Acts (selective to state)
Discuss the nurse's role in witnessing the informed consent process Nurse's signature witnessing content means that the patient voluntarily gave consent, the pt. signature is authentic, and the patient appears to be competent to give consent, nurse musk ask pt. if they understand procedure for which they're giving consent
What are legal responsibilities and obligations of nurses pertaining to Emergency Medical Treatment& Active Labor Act Must go through nursing process; Must stabilize patient before they can be transferred to another hospital
What are legal responsibilities and obligations of nurses pertaining to Patient Self Determination Act Requires healthcare institutions to provide written info to patients concerning their rights under state law to make decisions, including the right to refuse treatment and to formulate advanced directives; living wills; durable power of attorney
What are legal responsibilities and obligations of nurses pertaining to Americans with Disabilities Act Protects the rights of people with mental, physical disabilities, prohibits discrimination, ensures persons with disabilities equal opportunities
What are the legal responsibilities and obligations of nurses pertaining to HIPPA Provides rights to individuals regarding their privacy;confidentiality
What are sources of standards of care for nurses? American Nurses Association, The Joint Commission, Nurse Practice Acts
What is the nurses role regarding a (DNR) Do Not Resuscitate order? Still provide care for patient limited up to point of resuscitation (DNR); document that healthcare provider has consulted with patient and family before DNR is attached to pt medical record
Describe Quasi-intentional tort? Invasion of privacy, Malice, Slander, Libel
Describe unintentional tort? Negligence, Malpractice
Describe intentional tort? Assault, Battery, False Imprisonment
Describe torts? Civil wrong made against a person or properties; dividers into intentional, quasi-intentional, unintentional
List 4 elements needed to prove negligence Nurse owed a duty to pt., Nurse did not carry out duty/breached it, Pt. is injured, Pt injury was caused by nurses failure to carry out duty/breach
Describe the nursing implications associated with legal issues that occur in nursing practice documentation, need to stay up-to- date with current legal standards, statutory law, regulatory law, common law
statutory law Elected officials create statuary laws EX: Nurse Practice Act Civil law- protects rights of individual & Criminal law-felony& misdemeanors
Regulatory Law Reflects decisions made by administrative bodies such as BON, for passing rules and regulations
Common Law Results from judicial decisions from courts when individual legal cases are decided EX: consent pt right to refuse treatment, negligence, malpractice
Identify the role of licensing agencies involved in regulating health professional institutions Licensure permits people to offer special skills to public and provides legal guidelines for protection of the public; under state board of nursing (BON); are able to suspend or revoke license of nurses that are deemed unfit to practice
Describe essential components of Self Determination Act Advanced directives: living wills, power of attorney
Describe the purpose of professional liability insurance and the good samaritan act Good samaritan Act: You will want to help individual to the best of YOUR ability, keeping within your scope; stay with patient until additional medical personal arrive. Professional Liability insurance is a protect you in cases dealing w. malpractice/neg.
Describe TX RN peer review policy& peer review program Peer review program is to help nurses who are chemically impaired, and get them back to practicing safely (rehab)
Identify ways nurses and nursing students can minimize chances of liability Good documentation; and building strong relationship with patients; practice within your scope
Describe req. for continuing education for patients 20 hours every 2 yrs pertaining to your specialty; within 6 yrs some of your continuous ed has to be pertaining to older adult care (geriatrics)
Identify nursing responsibilities for reporting to licensing agencies Be proactive, and attentive to any risks that could potentially lead to injury/error
Identify delegation rules from TX NPA Right tasks, Right circumstances, Right person, Right Direction/Communication, Right Supervision/Evaluation
Created by: amandamarie194