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Practical Nurse and the Law

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Question
Answer
What year was the patient bill of rights 'adopted' by the American Hospital Association?   1972  
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How long can 'harmless' psych patients be held against their will?   2 - 3 days  
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What conditions must exist in order for a psych patient to be held against their will for more than 3 days?   *Condition over 30 days *Danger to self or others *Gravely disabled  
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What falls under criminal law?   *Issue is offensive to society *Conduct is detrimental to society *To punish or deter crimes against society *Involves public offenses such as murder, robbery, and assault  
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What falls under civil law?   *Conduct that violates a person's rights *Conduct is detrimental to that individual *Involves an offense that is against an individual *The purpose of civil law is to make the person whole again  
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What are the sources of laws?   Statuatory and civil/common law  
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What is statuatory law?   *Federal government *State government *Local government  
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What is common or civil law?   *Based on customs and precedent *Civil rights violation *Contract law *Law of TORTS legal wrong NOT included under contract laws  
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What are TORTS?   *Negligence *False imprisonment *Confidentiality *Defamation of character *Consent *Assault and battery *Fraud  
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What is administrative law?   *A third type of law that come from agencies created by the legislature *OSHA (federal) *FDA (federal) *Texas Board of Nursing (state) *Motor Vehicle Department (local)  
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What is malpractice?   *Practice leading to poor care and patient harm. All persons involved in patient care are now held responsible  
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What is negligence?   Failing to perform some act that a reasonably prudent person would perform with the same educational and experience level  
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What must exist to prove negligence?   *Standard of care existed *Failure to meet standard *Knowledge that harm may result *Harm did occur  
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What is defamation of character?   Any false or malicious statement that may harm the character or reputation of another (slaner, libel)  
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What is slander?   Oral statements that are untrue or injurious to another’s reputation  
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What is libel?   Written or printed statements that are untrue or injurious to another’s reputation  
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