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ATI Legal Respons
| Question | Answer |
|---|---|
| nurse confining to law | -shield themselves from liability -advocate for clients' rights -provide care that is w/in nurse's scope of practice -discern responsibilities of nursing in relation to othr health care members -provide safe, proficent care cnsistnt w/ standards of ca |
| federal regulations | -HIPPA -ADA -MHPA PSDA |
| criminal law | relates to the relationship of an individual w/ the government -nurse falsifies record to cover up a serious mistake |
| civil law | protect individual rights -provision of nursing care is tort law |
| negligence | nurse fails to implement measures for a client at risk for falls |
| malpractice | nurse administers a large dose of medication due to a calculation error and the client has a cardiac arrest and dies |
| breach of confidentiality | nurse releases a client's medical diagnosis to a member of the press |
| defamation of character | nurse tells a coworker that she believes the client has been unfaithful to her spouse |
| assault | the conduct of one person makes another person fearful and apprehensive -nurse threatens to place NG tube in client who is refusing to eat |
| battery | intentional and wrongful physical contact w/ a person that involves an injury or offensive contact -nurse restrains a client and administers and injection against her wishes |
| false imprisionment | person is confined or restrained against their will -nurse uses restraints on a competent client to prevent his leaving the health care facility |
| state laws | -define parameters of nursing practice and give authority to regulate practice of nursing to it;s state board -adopt rules and regulations to further nursing practice -authority to issue and revoke nursing license -set standards for nursing programs & |
| licensure | -current license in every state they practice -multistate license in compact states |
| professional negligence | failure of a person who has professional training to act in a reasonable and prudent manner (person w/ average judgement, intelligence, foresight and skill a person w/ similar training & experience would have) |
| negligence issues | -follow prof & facility standards of care -use equipment in respon. & knowledgeable manner -communicate effectively & thoroughly w/ clients -document care provided |
| nursing students | -shouldn't perform tasks they aren't prepared for & should have supervision learning new procedures -student, nurse & instructor share liability for harm done |
| duty to provide care as defined by standard | nurse should give what a prudent nurse would do -complete a fall risk assessment for all clients during admission |
| breach of duty by failure to meet standard | failure to give standard of care -nurse doesn't perform fall risk assessment during admission |
| forseeability of harm | knowledge that failing to give proper standard of care could harm client -nurse should know failure to take fall precautions could endanger a client at risk for calls |
| breach of duty has potential to cause harm | failure to meet standard had potential to cause harm -relationship must be provable -w/o a fall risk assessment the nurse doesn't know client's risk for falls & doesn't take proper precautions |
| harm occurs | actual harm to client occurs -client falls out of bed & fractures his hip |
| avoid liability for negligence | -follow standards of care -giving competent care -communicating w/ other health team members -developing a caring rapport w/ clients -fully documenting assessments, interventions, and evaluations |
| protect the rights of clients | -informed consent -refusal of treatment -advanced directives -confidentiality -information security |
| nurse's role in clients' rights | -patient needs to be active in decision making -pt cal accept, refuse or request modification of plan of care -receive care from competent individuals who treat client w/ respect |
| informed consent | legal process a client gives written permission for a procedure or treatment understanding: -reason treatment or procedure is needed -how treatment/procedure will benefit client -risks involved if client chooses to receive treatment/procedure -other o |
| nurse's role in informed consent | witness clients' signature on the informed consent & ensure provider obtained informed consent appropriately -competent and understands procedure |
| who may grant consent | -parent of a minor -legal guradian -court-specified representative -durable power of attorne -emancipated minors |
| refusal of treatment | -patient self determination act:right to refuse treatment including right to leave -document must be signed understanding the risk for refusing treatment or leaving prior to discharge (AMA) |
| standards of care -LEGAL GUIDELINES FOR CARE | -state practice acts -ANA, AACN, AAOHN -healthcare facilities policies and procedures which establish standard of practice for facility |
| standards of care | -define and direct the level of care nurses should give and implicate those who fail to adhere -refuse to practice beyond legal scope of practice or outside area of competence regardless of reason -use formal chain of command to verbalize concerns relat |
| impaired coworoers | pose a significant risk to client safety -behavior that jeopardizes client care or could indicate substance use disorder has a duty to report to appropiate manager -many facilities provide access to assistance programs/entry to a treatment program -sta |
| advanced directives | communicates client's wishes regarding end-of-life care if the client can't do so -must facilitate on admission -give info that outlines right if none -representative to help with process |
| living will | legal document that expresses the client's wishes regarding medical treatment in the event the client becomes incapacitated & is facing end-of life issues -state laws protect providers following a living will |
| durable power of attorney | document client designates a proxy to make health care decisions for the if they aren't able to do so -any competent adult client chooses |
| provider's orders | DNR or allow natural death prescription in medical record nurse initiates CR when client has no pulse or respiration |
| nursing role in AD | -provide written info about AD -document client's AD status -ensure AD reflect client's current decisions -inform all members of HC team of client's AD |
| mandatory reporting | -abuse -communicable diseases: to local/state dept. -ensure apprippate treatment(TB) -monitor for common-source outbreaks(foodbourne, hepA) -plan & evaluate control & prevention plans (immunizations) -determine pub health priorities based on trends |