Legal Requirements in Nursing
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each of the black spaces below before clicking
on it to display the answer.
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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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