Chapter 39: Legal Accountability/Leading & Managing.

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Questions and Answers

What is the primary purpose of mandatory reporting laws in nursing?

To enhance the reputation of healthcare facilities

To reduce the liability of healthcare workers

To provide financial incentives for reporting

To protect individuals who cannot protect themselves (correct)

Which of the following actions would likely be considered an intentional tort in nursing?

Accidentally administering the wrong medication

Revealing a patient's information without consent

Restraining a patient without their consent (correct)

Failing to perform a routine check

What defines the legal limitations of nursing practice in each state?

Nurse practice acts (correct)

Healthcare regulations

Mandatory reporting laws

Good Samaritan laws

Under what circumstance can a nurse restrain a patient without permission?

If the patient poses a threat to themselves or others Signup and view all the answers

Which of the following explains the difference between assault and battery in nursing?

Assault is the threat, while battery is the actual harmful contact Signup and view all the answers

Which of the following best describes invasion of privacy in nursing?

Disclosing patient information to family without approval Signup and view all the answers

What is the intent of Good Samaritan laws in healthcare?

To encourage professionals to offer help in emergencies without the fear of legal repercussions Signup and view all the answers

What must a nurse do before restraining a patient who poses a risk to themselves?

Immediately secure proper authorization to continue the restraint Signup and view all the answers

What is the definition of malpractice in the context of nursing?

The failure to act in a reasonable manner leading to patient harm. Signup and view all the answers

Which of the following is NOT a required element to prove defamation of character?

The statement caused the person loss of income. Signup and view all the answers

What distinguishes slander from libel?

Slander refers to verbal defamation, while libel refers to written defamation. Signup and view all the answers

For a nursing malpractice claim to be valid, which of the following elements must be proven?

The existence of a duty and breach of duty. Signup and view all the answers

What is an essential element of minimizing malpractice risk in nursing practice?

Conducting thorough documentation. Signup and view all the answers

What does negligence in nursing practice refer to?

Lack of adequate assessment or treatment. Signup and view all the answers

In the context of defamation, what must be true regarding the communication about a person?

It must be presented as a fact. Signup and view all the answers

What can typically mitigate the risks associated with delegation in nursing?

Knowing the scope of practice of those assigned tasks. Signup and view all the answers

What must be established for causation in a malpractice lawsuit?

The harm must be linked to the nurse's actions. Signup and view all the answers

How can effective nursing practice be maintained according to outlined standards?

Utilizing the nursing process as a framework for care. Signup and view all the answers

Study Notes

Legal Accountability in Nursing Practice

State Laws:
- Mandatory Reporting: State laws mandate reporting of communicable diseases, child/elder/mental health abuse/neglect (suspected or confirmed).
- Good Samaritan Laws: Protect providers from liability when giving emergency care.
- Nurse Practice Acts: Define nursing practice, scope of practice, and minimum care standards in each state.

Torts and Nursing Practice

Intentional Torts:
- Assault: Creating fear of physical harm (intentional threat of bodily harm, words that convey intent.)
- Battery: Unauthorized touching (physical contact without consent)
- False Imprisonment: Unlawful restraint without authorization. Restraints are permissible with authorization in case of self-harm/harm to others but authorization must be immediate and appropriate. A competent patient's request to leave against medical advice cannot be restrained.
- Invasion of Privacy: Violating a person's right to be left alone.
- Fraud: False representation of facts (false statements, falsified documents, concealed information).
Unintentional Torts:
- Defamation of Character: False communication to a third party damaging reputation. Key elements: false statement, communicated to another, caused shame/ridicule, and impact on reputation, statement as a fact, not opinion.
  - Slander: Spoken defamation. Truth/protected privilege (reporting abuse) are acceptable defenses.
  - Libel: Written defamation.
- Negligence: Failure to exercise reasonable care. Expert witnesses determine adherence to standards.
- Malpractice: Four elements are required to be proven by the plaintiff in a lawsuit, duty, breach of duty, causation, and damages.
  - Duty: Established by nurse-patient relationship
  - Breach of Duty: Nurse falls below acceptable standards.
  - Causation: Nurse's actions are directly linked to patient injury
  - Damages: Monetary compensation for pain/suffering, lost wages, etc (Punitive damages are possible for gross negligence, wrongful behavior)
Common Malpractice Claims:
- Failure to assess/diagnose
- Failure to communicate (missing medical authorization, delayed notification of significant changes).
- Failure to evaluate (monitor for changes, document/report changes)

Minimizing Malpractice Risk

Documentation: Crucial risk management tool - "If not documented, it wasn't done."
Nursing Process: Decision-making framework; assess patient for appropriate actions.
Practice Guidelines: Adhere to established guidelines, especially for medication administration, equipment use, and safety procedures.
Delegation: Proper delegation knowledge is essential. Scope of practice needs to be understood for those delegated to.
Continuing Education: Maintain current knowledge and skills through continuing education.

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Description

This quiz explores the vital aspects of legal accountability in nursing, including state laws, Nurse Practice Acts, and intentional torts. Understand the implications of mandatory reporting, Good Samaritan laws, and the nuances of different torts that affect nursing practice. Test your knowledge on the legal standards that govern nursing responsibilities.