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Legal Requirements in Nursing

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Question
Answer
What is the primary purpose of law and legislation?   To protect patient and nurse  
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What are the 3 types of courts?   Criminal (fatal practice), civil (common malpractice), and administrative (against leaders/government/boards, etc.)  
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How has professional negligence changed?   Used to, it was primarily physicians that were charged. However, now nurses must carry their own liability insurance, especially APN (BSN, MSN, DNPs, etc)  
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What 5 elements must be present for a professional to be held liable for malpratice?   Standard of care, breach of duty, forseeability of harm, correlation between improper care and harm, actual pt injury  
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Respondent superior   "The master is responsible for his servants" -- Employers can be held liable for employees actions, usually in cases where employees were not properly supervised or trained  
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Incident reports   Records of unusual or unexpected incidents, not be put in pt's chart, but kept in confidence  
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Torts, assault and battery   Performing any treatment without pt or written consent, usually in the case of false imprisonment (use of restraints)  
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If it's not documented...   It didn't happen.  
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Patient Self Determination Act   Must provide education to pts in staff concerning treatment and EOL care, involves andvance directives (written instructions) and power of attorney (someone else making decisions when they are unable to)  
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HIPPA   Simplifying recording and coding, protecting pt information  
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