20 Questions
Which legal safeguard for nursing practice ensures that the healthcare team is aware of the nurse's qualifications and credentials?
Credentialing
What is the term used for an unjustifiable detention of a person without legal warrant, which could be considered a form of false imprisonment?
Seclusion room
What is the legal term for willful misrepresentation that could cause harm or loss to a person or property, such as practicing nursing without a license?
Fraud
What type of tort involves communication that is false and results in injury to a person's reputation, including both libel and slander?
Defamation of Character
Which intentional tort involves the willful touching of a person without their consent, even if it may not cause harm?
Battery
What is one of the key components of informed consent?
Disclosure
In the context of consent, what does 'battery' refer to?
Failure to obtain consent
Who can provide their own consent in some instances according to the text?
Pregnant individuals
What should nurses do when witnessing a client sign a consent form?
Ensure the signed consent is in the client's chart
What is a patient's right related to information in healthcare as per the text?
Right to information about diagnosis, treatment, prognosis
What is a key characteristic of high-quality documentation in healthcare?
Reflective of the nursing process
Informed consent in healthcare involves informing the patient/surrogate about all of the following EXCEPT:
Risks and benefits with guaranteed outcomes
Which of the following best describes the competence aspect of informed consent in healthcare?
Patient/surrogate understands the information needed to make a decision and can communicate a preference
Which of the following does NOT represent a patient right when it comes to healthcare decisions?
To have healthcare decisions made solely by healthcare providers
What is the main purpose of Do Not Resuscitate (DNR) orders in healthcare?
To respect a patient's wish to forgo resuscitative efforts in case of cardiac or respiratory arrest
What is the primary goal of a 'Do Not Resuscitate' (DNR) order?
To provide a dignified death and implement comfortable measures
What is one of the key rights that clients have related to their healthcare according to the text?
Right to insist on leaving even if it's detrimental to their health
What do 'Client advocates' primarily focus on when advocating for patients?
Ensuring that clients are aware of all risks, including risks of leaving care
What does HIPAA stand for in the context of healthcare regulations?
Healthcare Insurance Portability and Accountability Act
When is a 'Do Not Resuscitate' (DNR) order typically written for a patient?
When the patient expresses no resuscitation in the event of a respiratory or cardiac arrest
Study Notes
Client's Rights and Responsibilities
- Clients have the right to:
- Insist on leaving the hospital even if it's detrimental to their health
- Request care, services, referrals, and transfer to another facility
- Receive information about their care
- Consent or decline services
- Be informed of hospital policies and procedures related to their care
- Clients have the right to privacy, including:
- Consultation and examination
- Records, charts, and laboratory results
- Clients have the right to an advocate who will:
- Ensure they are aware of all risks of leaving the hospital
- Ask why they want to leave
- Document their decision to leave
HIPAA and Confidentiality
- HIPAA (Health Insurance Portability and Accountability Act) protects client confidentiality
- Nurses must maintain confidentiality and not disclose client information without consent
- Exceptions to confidentiality include:
- Active TB patients
- Public health threats
- House arrest
Do Not Resuscitate (DNR) Orders
- DNR orders are written when a client has expressed no resuscitation in the event of a respiratory or cardiac arrest
- Goal of DNR orders is to ensure a dignified death and comfortable measures
- Terminal ill clients are eligible for DNR orders
Nurse Practice Act and Legal Controls
- The Nurse Practice Act defines the scope of practice and responsibilities of registered nurses (RNs)
- Legal controls for nursing practice include:
- Statutes and regulations
- BRN (Board of Registered Nursing) regulations
- Credentialing
- Voluntary controls (e.g. National League for Nursing, Joint Commission)
- The Nurse Practice Act protects the public and enforces rules and regulations concerning the nursing profession
Informed Consent
- Informed consent is the process of obtaining a client's consent before performing a procedure
- Requirements for informed consent include:
- Disclosure of the nature of the procedure, risks, benefits, and alternatives
- Comprehension of the information by the client
- Competence of the client to make a decision
- Voluntariness of the client's consent
- Informed consent checklist includes:
- Disclosure
- Comprehension
- Competence
- Voluntariness
Consent and Competency
- Clients must be competent to give consent
- If the nurse is concerned about a client's competency, they must resource to their supervisor for guidance
- Consent is required before procedures are performed, except in life-threatening emergencies
- Exceptions to consent include:
- Minors (parent or guardian must give consent)
- Adults with mental capacity of a child (appointed guardian must give consent)
- Impaired judgment (unconscious or injured)
Crimes and Torts
- Crimes are wrongs committed against a person or property, punishable by the state or federal government
- Torts are civil wrongs, punishable by damages in a civil court
- Examples of intentional torts include:
- Assault
- Battery
- Defamation of character
- Invasion of privacy
- False imprisonment
- Fraud
- Examples of unintentional torts include:
- Malpractice
- Negligence
Liability and Malpractice
- Liability is the legal responsibility for one's actions and the obligation to make financial restitution for wrongful acts
- Malpractice is negligence by healthcare providers or professionals
- Four elements of liability include:
- Duty to care
- Breach of duty
- Proximate cause of injury
- Injury
- Nurses can reduce liability by:
- Maintaining accurate and complete documentation
- Practicing competent care
- Obtaining informed consent
- Following institutional policies and procedures
- Purchasing professional liability insurance
Test your knowledge on the key components of informed consent in healthcare, including disclosure, comprehension, competence, and voluntariness. This quiz covers aspects such as understanding procedure details, risks, benefits, and alternatives, as well as ensuring voluntary consent without coercion.
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