Podcast
Questions and Answers
Which of the following is NOT a primary purpose of law and legislation in the healthcare setting?
Which of the following is NOT a primary purpose of law and legislation in the healthcare setting?
- Define the scope of acceptable practice
- Increase healthcare costs (correct)
- Protect the patient
- Protect individual rights
The Constitution is the highest form of law in the United States.
The Constitution is the highest form of law in the United States.
True (A)
What is the term used for laws passed by state or federal legislators?
What is the term used for laws passed by state or federal legislators?
Statutes
The rules and regulations established by appointed agencies of the executive branch of the government are called ______ law.
The rules and regulations established by appointed agencies of the executive branch of the government are called ______ law.
Match the following sources of law with their primary area of impact on nursing practice:
Match the following sources of law with their primary area of impact on nursing practice:
Which of the following sources of law has the most direct impact on malpractice litigation?
Which of the following sources of law has the most direct impact on malpractice litigation?
Which of the following is NOT a way for nurses to embrace diversity in their practice?
Which of the following is NOT a way for nurses to embrace diversity in their practice?
The Health Insurance Portability and Accountability Act (HIPAA) aims to ensure patient privacy while ensuring access to care.
The Health Insurance Portability and Accountability Act (HIPAA) aims to ensure patient privacy while ensuring access to care.
Before the 1970s, a significant amount of state and federal legislation specifically addressed medical malpractice.
Before the 1970s, a significant amount of state and federal legislation specifically addressed medical malpractice.
What are two main goals of the administrative simplification plan within HIPAA?
What are two main goals of the administrative simplification plan within HIPAA?
What is the primary benefit for nurses who are knowledgeable about their legal rights and duties?
What is the primary benefit for nurses who are knowledgeable about their legal rights and duties?
The ______ defines the boundaries of practice for registered nurses in each state.
The ______ defines the boundaries of practice for registered nurses in each state.
Match the following responsibilities with their respective agency:
Match the following responsibilities with their respective agency:
Which of the following is NOT considered a component necessary for professional negligence to occur?
Which of the following is NOT considered a component necessary for professional negligence to occur?
A nurse can avoid malpractice claims by solely following physician orders.
A nurse can avoid malpractice claims by solely following physician orders.
What is the primary defense against malpractice claims for nurses?
What is the primary defense against malpractice claims for nurses?
The conduct of a ______ nurse in similar circumstances defines the standard of care.
The conduct of a ______ nurse in similar circumstances defines the standard of care.
Match the following nursing actions with the potential malpractice claim they could lead to:
Match the following nursing actions with the potential malpractice claim they could lead to:
Which of the following is NOT a legal doctrine guiding courts in decision making?
Which of the following is NOT a legal doctrine guiding courts in decision making?
Nurses are more likely to be sued for malpractice if they have malpractice insurance.
Nurses are more likely to be sued for malpractice if they have malpractice insurance.
What legal doctrine places responsibility on an employer for the actions of their employees?
What legal doctrine places responsibility on an employer for the actions of their employees?
The minimum level of expertise expected from a nurse is known as the _______________.
The minimum level of expertise expected from a nurse is known as the _______________.
Match the following legal terms with their definitions:
Match the following legal terms with their definitions:
Which of the following is an example of an intentional tort?
Which of the following is an example of an intentional tort?
Incident reports are generally considered confidential and cannot be subpoenaed in court.
Incident reports are generally considered confidential and cannot be subpoenaed in court.
What are the two main types of defamation of character?
What are the two main types of defamation of character?
The use of restraints to confine someone's movement without their consent can be considered ______.
The use of restraints to confine someone's movement without their consent can be considered ______.
What information should be included in a patient's chart related to an incident, according to the text?
What information should be included in a patient's chart related to an incident, according to the text?
It is acceptable to document the existence of an incident report in the patient's chart.
It is acceptable to document the existence of an incident report in the patient's chart.
Why is it important for healthcare professionals to understand the potential risks associated with refusing to follow a physician's direct orders?
Why is it important for healthcare professionals to understand the potential risks associated with refusing to follow a physician's direct orders?
Which of the following actions may lead to a professional nursing license suspension? (Select all that apply)
Which of the following actions may lead to a professional nursing license suspension? (Select all that apply)
Providing patient care while under the influence of drugs is acceptable if the nurse feels capable of performing their duties.
Providing patient care while under the influence of drugs is acceptable if the nurse feels capable of performing their duties.
What should a nurse do if they receive a notification from the Board of Nursing?
What should a nurse do if they receive a notification from the Board of Nursing?
A nurse must not ____ the patient's medical record during an investigation.
A nurse must not ____ the patient's medical record during an investigation.
Match the following actions with their potential consequences related to nursing licensure:
Match the following actions with their potential consequences related to nursing licensure:
Flashcards
Professional negligence
Professional negligence
Failure to provide the standard of care expected in nursing, leading to harm.
Practicing without a license
Practicing without a license
Providing nursing care without legal authorization or a valid nursing license.
Fraudulent licensing
Fraudulent licensing
Obtaining a nursing license through deceitful means or allowing others to use it.
Substandard care reporting
Substandard care reporting
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HIPAA violations
HIPAA violations
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Purpose of Law
Purpose of Law
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Statutory Law
Statutory Law
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Constitutional Law
Constitutional Law
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Administrative Agencies
Administrative Agencies
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Court Decisions
Court Decisions
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Scope of Practice
Scope of Practice
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Liability Protection
Liability Protection
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Malpractice Crisis Effects
Malpractice Crisis Effects
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HIPAA
HIPAA
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Administrative Simplification Plan
Administrative Simplification Plan
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Privacy Rules
Privacy Rules
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Cultural Diversity in Nursing
Cultural Diversity in Nursing
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Nurse Practice Act
Nurse Practice Act
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Intentional Torts
Intentional Torts
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Assault
Assault
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Battery
Battery
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False Imprisonment
False Imprisonment
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Defamation of Character
Defamation of Character
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Incident Reports
Incident Reports
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Informed Consent
Informed Consent
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Confidentiality of Reports
Confidentiality of Reports
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Civil Cases
Civil Cases
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Stare decisis
Stare decisis
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Res Ipsa Loquitur
Res Ipsa Loquitur
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Respondeat superior
Respondeat superior
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Standard of Care
Standard of Care
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Malpractice
Malpractice
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Negligence
Negligence
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Malpractice Insurance Dilemma
Malpractice Insurance Dilemma
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Reasonable and Prudent
Reasonable and Prudent
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Breach of Duty
Breach of Duty
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Foreseeability of Harm
Foreseeability of Harm
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Provable Correlation
Provable Correlation
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Malpractice Defense
Malpractice Defense
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Inadequate Charting
Inadequate Charting
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Communication Failures
Communication Failures
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Study Notes
Legal and Legislative Issues
- Laws and legislation aim to protect patients and nurses, defining acceptable practice and individual rights.
- Nurses need to understand their legal rights and duties to avoid liability.
Sources of Law
- Constitution: The supreme law, interpreted by the Supreme Court.
- Statutes: Legislative laws (state or federal) requiring presidential or gubernatorial signature.
- Administrative agencies: Executive branch agencies creating rules and regulations.
- Court decisions: Court-made law interpreting statutes and setting precedents; includes trial and appellate courts.
Types of Laws and Courts
| Type | Burden of Proof | Likely Consequences of Guilty Verdict |
|---|---|---|
| Criminal | Beyond a reasonable doubt | Incarceration, probation, fines |
| Civil | Based on a preponderance of the evidence | Monetary damages |
| Administrative | Clear and convincing standard | Suspension or loss of licensure |
Legal Doctrines Guiding Courts in Decision Making
- Stare decisis: Following precedence in decision-making.
- Res Ipsa Loquitur: Matters settled by judgment; no further appeals.
- Respondeat superior: Employers are liable for employee actions within scope of employment.
Nurses' Risk of Increased Legal Liability
- Increased accountability for decision-making.
- Expanding roles in medical practice.
- Financial gains might increase risk of malpractice claims, as injured parties seek compensation from all involved parties.
Standard of Care
- The minimum level of expertise a reasonably prudent nurse should provide.
- Similar circumstances should lead to similar conduct.
Malpractice Insurance Dilemma
- Nurses need insurance due to expanded roles, but also face greater risk of lawsuits, especially with insurance in place.
Elements of Malpractice
- Negligence: Omission or commission of an act that a reasonable person wouldn't do, given the circumstances.
- Malpractice: Professional negligence (unreasonable actions given the nurse's training).
- Determining if reasonable care was given hinges on expert nursing witnesses.
- Reasonable and prudent conduct considers average skill, foresight, and judgment in similar situations.
Five Necessary Components for Professional Negligence
- Standard of care exists for the situation.
- Failure to meet said standard (a breach of duty).
- The harm was reasonably foreseeable.
- A direct relationship (causation) between the failure to meet the standard and the harm.
- Actual injury occurred to the patient/client.
Patient's Rights and Confidentiality
- Patients have the right to their medical records, but hospitals store and manage them.
- Nurses must follow established procedures for accessing records.
Patient Self-Determination Act
- Requires healthcare facilities to educate patients about advance care directives.
- Provides information about the patient's rights and options (such as wills, or durable power of attorney).
Legal Responsibilities of the Nurse Manager
- Handling dangerous staffing issues.
- Verification of staff credentials and qualifications.
- Appropriate disciplinary procedures for staff violations.
Good Samaritan Immunity (Emergency Treatment)
- Nurses are protected against claims of negligence when providing emergency care if they act reasonably promptly at the scene.
- Scope of care and practice must be considered, and actions should not surpass their skill level.
Informed Consent
- Obtained by physicians after full patient disclosure and understanding of any potential benefits or risks.
- Includes procedures, risks, desired outcomes, complications, alternatives, and legal factors (such as minors, guardians, or court orders).
- Explained by the medical professionals/physician.
- Requires patient competency to make a choice.
Ethical Issues for Nurses - Informed Consent
- Nurses are obliged to clarify information that patients receive from physicians.
- Nurses' role is to help patients understand, to protect them, and ensure the decision is appropriate for the patient.
Administrative Simplification Plan (HIPAA)
- HIPAA aims to simplify the coding and exchange of healthcare information for efficiency.
- HIPAA ensures strong privacy protections for patients without affecting access for care. This has an impact on nurses who are working with patient data.
Legal Considerations of Diverse Workforces
- Cultural awareness programs and role models provide support for inclusive teams managing diverse workplaces.
- Understanding different cultures might improve communications and resolve conflicts while ensuring fairness in patient care.
Board of Nursing
- Boards oversee nursing education and licensing, act as a regulatory authority, and provide discipline if needed.
- Nurses can become aware of state-specific practice boundaries, and the scope of their professional roles for patient safety.
Impact on Licensure
- If investigated, nurses should seek legal advice, carefully consider written communication, and ensure compliance with HIPAA for protected patient medical data to avoid complications.
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Description
This quiz covers essential legal and legislative issues pertinent to the nursing profession. It explores the sources of law, various types of laws, and the implications for nurses regarding their legal rights and duties. Understanding these concepts is crucial for maintaining professional standards and avoiding legal liabilities.
