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Questions and Answers
What is the primary purpose of standards of nursing care?
What is the primary purpose of standards of nursing care?
Which federal statute affects nursing practice by prohibiting the transfer of patients from private to public hospitals without appropriate screening and stabilization?
Which federal statute affects nursing practice by prohibiting the transfer of patients from private to public hospitals without appropriate screening and stabilization?
What is the term for laws that are established by the judiciary through court decisions?
What is the term for laws that are established by the judiciary through court decisions?
Which of the following is an example of tort law?
Which of the following is an example of tort law?
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What is the term for the failure to exercise the care that a reasonable nurse would exercise in a similar situation?
What is the term for the failure to exercise the care that a reasonable nurse would exercise in a similar situation?
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What is the primary goal of risk management in nursing?
What is the primary goal of risk management in nursing?
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What is the term for laws that are established by the legislative branch of government?
What is the term for laws that are established by the legislative branch of government?
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Which of the following is an example of a standard of care in nursing?
Which of the following is an example of a standard of care in nursing?
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What is the term for the failure of a nurse to conform to the standard of care, resulting in harm to a patient?
What is the term for the failure of a nurse to conform to the standard of care, resulting in harm to a patient?
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Which federal statute affects nursing practice by providing rights to patients and protecting employees?
Which federal statute affects nursing practice by providing rights to patients and protecting employees?
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Which federal statute protects the rights of people with physical or mental disabilities?
Which federal statute protects the rights of people with physical or mental disabilities?
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What is the primary purpose of nurse practice acts?
What is the primary purpose of nurse practice acts?
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What is informed consent?
What is informed consent?
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Which statute altered the way healthcare is provided to older adults?
Which statute altered the way healthcare is provided to older adults?
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What is the primary purpose of the Uniform Anatomical Gift Act?
What is the primary purpose of the Uniform Anatomical Gift Act?
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What is the primary purpose of the Patient Self-Determination Act?
What is the primary purpose of the Patient Self-Determination Act?
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What is the primary purpose of nurse licensure compact?
What is the primary purpose of nurse licensure compact?
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What is the primary purpose of the Mental Health Parity and Addiction Equity Act?
What is the primary purpose of the Mental Health Parity and Addiction Equity Act?
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Which of the following is an example of a state statute affecting nursing practice?
Which of the following is an example of a state statute affecting nursing practice?
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What is the primary purpose of health care acts?
What is the primary purpose of health care acts?
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What is the primary difference between negligence and malpractice?
What is the primary difference between negligence and malpractice?
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What is the standard of proof in a malpractice case?
What is the standard of proof in a malpractice case?
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What is the purpose of malpractice insurance?
What is the purpose of malpractice insurance?
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What is the role of a nurse expert in a malpractice case?
What is the role of a nurse expert in a malpractice case?
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What is the primary way to reduce personal legal risk as a nurse?
What is the primary way to reduce personal legal risk as a nurse?
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What is the relationship between negligence and the standard of care?
What is the relationship between negligence and the standard of care?
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What is the primary difference between a malpractice case and a tort law case?
What is the primary difference between a malpractice case and a tort law case?
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What is the primary reason why nurses need to be aware of the actions taken at the organizational level by their employer?
What is the primary reason why nurses need to be aware of the actions taken at the organizational level by their employer?
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What is the primary benefit of having malpractice insurance?
What is the primary benefit of having malpractice insurance?
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What is the primary way to reduce legal risk as a nurse?
What is the primary way to reduce legal risk as a nurse?
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What is a patient's right regarding a procedure or treatment?
What is a patient's right regarding a procedure or treatment?
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What is the purpose of public health laws?
What is the purpose of public health laws?
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What determines actual death in a patient?
What determines actual death in a patient?
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What is a type of tort that arises when a person is harmed and the person inflicting the harm did not intend to cause harm?
What is a type of tort that arises when a person is harmed and the person inflicting the harm did not intend to cause harm?
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What is a Good Samaritan law?
What is a Good Samaritan law?
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What is a nurse's responsibility regarding patient abandonment?
What is a nurse's responsibility regarding patient abandonment?
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What is a quasi-intentional tort?
What is a quasi-intentional tort?
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What is the purpose of the Uniform Determination of Death Act?
What is the purpose of the Uniform Determination of Death Act?
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What is a tort?
What is a tort?
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What is a nurse's responsibility regarding nurse delegation?
What is a nurse's responsibility regarding nurse delegation?
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Study Notes
Patient Rights and Refusal of Treatment
- A patient has the right to refuse a procedure or treatment without discontinuing other supportive care.
- A patient may refuse a procedure or treatment even after it has begun.
- A patient has the right to receive an explanation of alternative therapies and the risks of doing nothing.
Good Samaritan Laws and Public Health Laws
- Good Samaritan laws limit liability and offer legal immunity if a nurse helps at the scene of an accident.
- Public health laws affect individuals, populations, and communities, and are intended to improve the health of people.
State Statutes Affecting Nursing Practice
- Termination of pregnancy laws vary by state.
- Physician-assisted suicide laws vary by state, and nurses should know their state's laws.
- The Uniform Determination of Death Act determines actual death.
Nursing Workforce Guidelines
- Guidelines cover staffing and nurse-to-patient ratios, nursing assignments, patient abandonment, nurse delegation, and nursing students.
Legal Implications and Reducing Your Legal Risks
- Torts are civil wrongful acts or omissions of care made against a person or property.
- Quasi-intentional torts are acts in which a person may not intend to cause harm to another but does.
- Unintentional torts arise when a person is harmed and the person inflicting the harm knew, or should have known, that their actions were less than the accepted scope and standard of practice.
Negligence and Malpractice
- Negligence is conduct that falls below the generally accepted standard of care of a reasonably prudent person.
- Malpractice is a type of negligence, and the person being held liable for malpractice must be a professional.
- The standard of proof is what a reasonably prudent nurse would do under similar circumstances in the geographical area in which the alleged breach occurred.
Malpractice Insurance and Nurse Experts
- Malpractice insurance is a contract between an insurance company and a nurse or employer that is intended to cover costs incurred when a patient sues the employer and/or the nurse.
- Nurse experts testify about the standards of nursing care as applied to the facts of a case.
Reducing Legal Risks
- Nurses should remain involved in the nursing profession to reduce their personal legal risk.
Federal Statutes Affecting Nursing Practice
- The Patient Protection and Affordable Care Act (PPACA) provides consumer rights and protections, affordable health care coverage, increased access to care, and quality of care that meets the needs of patients.
- The Emergency Medical Treatment and Active Labor Act prohibits the transfer of patients from private to public hospitals without appropriate screening and stabilization.
- The Health Insurance Portability and Accountability Act (HIPAA) provides rights to patients and protects employees.
- The Health Information Technology Act requires nurses to ensure protected health information (PHI) is protected.
- The Americans with Disabilities Act (ADA) protects the rights of people with physical or mental disabilities.
- The Mental Health Parity and Addiction Equity Act requires health insurance companies to provide coverage for mental health and substance use disorder treatment.
- The Patient Self-Determination Act requires health care institutions to provide written information to patients concerning their rights to make decisions about their care, including the right to refuse treatment and to formulate an advance directive.
- The Uniform Anatomical Gift Act provides the foundation for the national organ donation system.
- The Omnibus Budget Reconciliation Act (1986) altered the way in which health care is provided to older adults.
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Description
This quiz covers the importance of informed consent in nursing, including alternative therapies and patient rights. It also touches on state statutes affecting nursing practice.