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NUR215 L6
| Question | Answer |
|---|---|
| 3 Structures of the U.S Legal system | Legislative- creates the laws Judicial- interprets the laws Executive- enforces the laws |
| 3 Types of laws | Statutory law Common law Administrative law |
| Statutory law | laws that get passed through the formal process |
| Common law | known as decisional law. Basically saying judges rulings in court cases become binding precedent, shaping future decisions in similar circumstances |
| Administrative law | Delegated authority granted to government agencies such as State Boards of Nursing to create and enforce regulations |
| Civil vs Criminal law | Civil law: disputes over legal rights and duties over individuals Criminal law: you are against the town/state because you are seen as a threat |
| Most malpractice claims are ______ suits | civil |
| Nurse Practice Act | A state law that legally defines the scope of nursing practice and establishes the authority of the board of nursing |
| The state boards of nursing does what for our liscences? | issues and renews our licenses |
| Nurse practice acts: Core objectives 4 | Define categories Create boards Set requirements Develop rules |
| Licensure as a nurse is optional? | NO mandatory, it is not optional |
| Format of the NCLEX | CAT (computerized) |
| Questions of the NCLEX | minimum 85 items, maximum 150 items |
| Duration of the NCLEX | 5 hours total testing time |
| Nurse licensure compact | Where you can get a license in your home state of residence, and practice in other states that participate in the multi-state license |
| Negligence | A general term for carelessness |
| Malpractice | A specific type of negligence committed by a trained professional who breaks their industry's standard of care (PROFESSIONAL NEGLIGENCE) |
| 6 elements of malpractice to be proven in court | 1. Duty owed the patient 2. Breach of duty 3. Foreseeability 4. Causation 5. Injury 6. Damage |
| 1. Duty owed the patient | you have an obligation to care for said patient. The standard of care is set by ANA standards |
| 2. Breach of duty | The court has to approve that there was a breach of duty. Occurs when a nurse fails to uphold the standard of care |
| 3. Foreseeability | Says that the nurse should have anticipated this at harm |
| 4. Causation | The direct link between what you did or didn’t do leading to the issue. |
| Causation example | A nurse fails to administer an antibiotic → patient develops sepsis. Causation may be clear. But if a terminal patient dies after a medication error, proving the error (vs. underlying disease) caused death is more complex |
| 5. Injury | There has to be some kind of physical injury for malpractice claim to be heard and/or tried |
| 6. Damages | Proof of quantifiable losses. You have to prove that there was money losses from these injuries |
| 3 Type of liabilities | 1. Personal liability 2. Vicarious liability 3. Corporate liability |
| Personal liability | Individual responsibility for your own actions or omissions |
| Vicarious liability | The employers accountability for negligent acts of employees performed within the scope of employment |
| Corporate liability | The institution’s direct responsibility for maintaining a safe environment |
| Delegation | where you assign a task to another person, but you still have accountability over this person and patient they are caring for under you (vital signs, bathing, hygiene) |
| 5 rights of safe delegations: | Right task Right circumstances Right person Right direction/communication Right supervision/evaluation |
| Informed consent: 3 Major conditions | 1. Voluntary 2. Capacity and Competence 3. Sufficient Information |
| Voluntary | Consent must be given freely without pressure or manipulation |
| Capacity and Competence | Must have the cognitive ability to understand the information and what is going on |
| Sufficient Information | The patient must receive enough information about the treatment, risks, benefits, etc. |
| The nurses role in informed consent | Witnessing the signature Determining that valid consent elements are in place Providing feedback if patient wishes to change mind Communication if something isn’t understood |
| What we aren’t responsible for | Explaining the proposed treatment or procedure |
| Confidentiality | the protection of private patient information |
| Exceptions: | Direct care discussions Third party payers (insurance companies) Legally mandated reasons (communicable disease reporting, abuse) Safety of innocent parties |
| HIPPA Core requirements | Record access Written notice Access limitations |
| Assault | A threat or attempt to make bodily contact |
| Battery | When you actually make contact |
| Scope of practice at the NP level | The NPs are being able to do more since the population is needing more |
| Patient Self-Determination Act (PSDA) | Everybody has the right to choose what they want medically to be done Specifically talking about advanced directives |
| ***Acute care and long-term care facilities receiving Medicare or Medicaid funding must comply with all PSDA requirements for adult patients | |
| Strategies to limit legal action | - Practice in a safe setting - Carry liability insurance - Document accurately - Build positive relationships - Meet the standard of care |
Created by:
liladdoyle