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Legal Aspects of Nur
| Question | Answer |
|---|---|
| Nurse Practice Act | describe and define the legal boundaries of nursing practice w/in each state |
| Regulatory (administrative) Law | reflects decisions made by adm. bodies such as State Boards of Nursing when they pass rules |
| Common Law | judicial decisions made in courts when individual legal cases are decided |
| Civil Law | protects individual w/in our society |
| Criminal Law | protects society as a whole and provides punishment for crimes |
| felony | serious crime resulting in imprisonment for longer than 1yr. or even death |
| misdemeanor | less serious crime which carries a fine or imprisonment for less than 1yr. |
| Standards of Care | legal requirements for nursing practice that describe minimum acceptable nursing care |
| American Nurses Assoc | develops standards for nursing practice, policy stmnts, & similar resolutions |
| The Joint Commission (TJC) | requires accredited hospitals to have written nursing policies and procedures |
| Durable Power of attorney for health Care (DPAHC) | legal doc that designates a person/persons to make health care decisions on your behalf |
| DNR | "do not resuscitate" or "no code" |
| Health Insurance Portability & Accountability Act (HIPPA) | provides rights to pts. and protects employees |
| tort | civil wrong made against a person or property |
| intentional tort | willful acts that violate anothers rights such as assault, battery, false imprisonment |
| assault | any action that places a person in apprehension of harmful contact w/out consent |
| battery | intentional touching w/out consent...can be harmful or just offensive |
| false imprisonment | unjustified restraint of a person w/out legal warrant |
| Quasi-Intentional Torts | invasion of privacy or defamation of character |
| unintentional torts | negligence and malpractice |
| negligence | conduct that falls below the standard of care |
| malpractice | nursing care falls below standard of care |
| informed consent | persons agreement to allow something to happen such as surgery or procedures |
| Nursing students are expected to perform as professional nurses would. | Nursing students are liable if their actions cause harm to pts. |
| Roe v. Wade 1973 | fundamental right to privacy, which includes a womans decision to abort |
| State Board of Nursing | suspends or revokes a license if a nurse violates provisions of license statute |
| occurance report (incident report) | provides database for further investigation to prevent recurrence |
| NEVER... | document in the pts med record that you complted an occurence report |
| If you get an order that you think is erroneous or harmful... | get clarification, if order still stands inform supervising nurse &use chain of command |
| Nursing students NEVER... | take verbal orders!!! |
| Depending on state laws... | nurses are required to report child abuse & certain communicable diseases. |
| Nurses file incident/occurrence reports... | for all errors even when someone is not injured. |