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Questions and Answers
Which federal statute is primarily concerned with protecting the rights of individuals with physical or mental disabilities?
Which federal statute is primarily concerned with protecting the rights of individuals with physical or mental disabilities?
Which statute is focused on providing coverage for mental health and substance use disorder treatment?
Which statute is focused on providing coverage for mental health and substance use disorder treatment?
Which federal statute is concerned with the national organ donation system?
Which federal statute is concerned with the national organ donation system?
Which of the following is a state statute that makes nurses accountable and ensures that care is consistent with best practice within the scope and standards of nursing?
Which of the following is a state statute that makes nurses accountable and ensures that care is consistent with best practice within the scope and standards of nursing?
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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 the informed consent process?
What is the primary purpose of the informed consent process?
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What is the primary purpose of the Omnibus Budget Reconciliation Act (1986)?
What is the primary purpose of the Omnibus Budget Reconciliation Act (1986)?
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Which of the following laws prohibits the transfer of patients from private to public hospitals without appropriate screening and stabilization?
Which of the following laws prohibits the transfer of patients from private to public hospitals without appropriate screening and stabilization?
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Which of the following sources of law is concerned with the decisions made in legal cases?
Which of the following sources of law is concerned with the decisions made in legal cases?
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Which of the following federal statutes provides rights to patients and protects employees?
Which of the following federal statutes provides rights to patients and protects employees?
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Which of the following sources of law defines nursing and reflects the values of the nursing profession?
Which of the following sources of law defines nursing and reflects the values of the nursing profession?
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Which of the following federal statutes is concerned with the protection of patients' health information?
Which of the following federal statutes is concerned with the protection of patients' health information?
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Which of the following sources of law is concerned with the regulations and rules that govern nursing practice?
Which of the following sources of law is concerned with the regulations and rules that govern nursing practice?
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Which of the following federal statutes is concerned with the provision of affordable health care coverage to individuals?
Which of the following federal statutes is concerned with the provision of affordable health care coverage to individuals?
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What is an essential aspect of informed consent that healthcare providers must ensure patients understand?
What is an essential aspect of informed consent that healthcare providers must ensure patients understand?
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What is the primary goal of public health laws?
What is the primary goal of public health laws?
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Which of the following laws vary by state in the United States?
Which of the following laws vary by state in the United States?
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What is the primary purpose of Good Samaritan laws?
What is the primary purpose of Good Samaritan laws?
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What is essential for nurses to know when working in areas related to termination of pregnancy?
What is essential for nurses to know when working in areas related to termination of pregnancy?
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Which of the following laws determines the actual death of a person?
Which of the following laws determines the actual death of a person?
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What is a crucial aspect of physician-assisted suicide laws that nurses should be aware of?
What is a crucial aspect of physician-assisted suicide laws that nurses should be aware of?
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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 one way that a nurse can reduce their personal legal risk?
What is one way that a nurse can reduce their personal legal risk?
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What is the standard of care that a nurse is expected to meet?
What is the standard of care that a nurse is expected to meet?
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What is the difference between negligence and malpractice in terms of liability?
What is the difference between negligence and malpractice in terms of liability?
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What is the purpose of a standard of proof in a malpractice case?
What is the purpose of a standard of proof in a malpractice case?
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Study Notes
Patient Rights and Informed Consent
- Patients have the right to refuse a procedure or treatment without discontinuing other supportive care.
- Patients may refuse a procedure or treatment even after it has begun.
- Patients must receive an explanation of the procedure, including the names and qualifications of those performing and assisting in the procedure.
- Patients must receive a description of the serious harm, including death, that may occur and the anticipated pain and/or discomfort.
State Statutes Affecting Nursing Practice
- Good Samaritan laws limit liability and offer legal immunity if a nurse helps at the scene of an accident.
- Public health laws are intended to improve the health of people and can affect individuals, populations, and communities.
- Termination of pregnancy laws vary by state and nurses must know the laws in their state before working in this area of practice.
- Physician-assisted suicide laws vary by state and nurses must know their state's laws and ensure their practice falls within the laws' requirements.
- The Uniform Determination of Death Act determines actual death.
Federal Statutes Affecting Nursing Practice
- 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.
Nursing Workforce Guidelines
- Staffing and nurse-to-patient ratios are important considerations in nursing practice.
- Nursing assignments, patient abandonment, nurse delegation, and nursing students are all important areas of focus in nursing practice.
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 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.
- 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 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 often testify about the standards of nursing care as applied to the facts of a case when a case that involves nursing care is filed.
- Reducing legal risks involves being aware of the actions taken at the organizational level by your employer and remaining involved in the nursing profession to reduce your personal legal risk.
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Description
This quiz covers the importance of informed consent in nursing, including alternative therapies, risks, and patient rights. It also touches on state statutes affecting nursing practice.
