Legal Aspect of Nursing Law
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Questions and Answers

If consent has not been secured before touching, examining, or treating a patient, the person performing the procedure may be liable for:

  • Battery (correct)
  • Assault
  • Negligence
  • Malpractice

Which of the following is NOT a requirement for safe nursing practice?

  • Updated certificate of registration (correct)
  • Good nurse-patient relationship
  • Professional competence
  • Adherence to institutional policies

The quality demonstrated by a nurse who raises the side rails of a confused and disoriented patient is:

  • Autonomy
  • Prudence (correct)
  • Resourcefulness
  • Fortitude

How often should a nurse renew their current professional license?

<p>Every two years (B)</p> Signup and view all the answers

Which scenario exemplifies unintentional harm and non-maleficence principle?

<p>A client's allergic reaction to prescribed medication (A)</p> Signup and view all the answers

What is the term for conviction for practicing nursing without a license, incompetence or gross negligence, falsification of client records and illegally obtaining, using or possessing controlled substances?

<p>Unprofessional conduct (A)</p> Signup and view all the answers

When a nurse promises a client she will find out more about his medication, what ethical principle is she practicing?

<p>Fidelity (B)</p> Signup and view all the answers

What is the most important function of a nurse among the given options?

<p>Promotion of health (C)</p> Signup and view all the answers

Among the following patients, who cannot give consent for a surgical procedure?

<p>A 17-year old undergoing surgery (C)</p> Signup and view all the answers

What is the most appropriate action when a telephone order is given for a client in your ward?

<p>Repeat the order back to the physician, copy onto the order sheet, and indicate that it is a telephone order (C)</p> Signup and view all the answers

In the Philippines, the practice of nursing is regulated by which law?

<p>RA 9173 (C)</p> Signup and view all the answers

What is the main purpose of the Constitution as described in the text?

<p>To establish the basis of governing system for the future and the present (D)</p> Signup and view all the answers

Which type of law comes directly from GOD according to the text?

<p>Divine positive laws (A)</p> Signup and view all the answers

What are the 4 elements of negligence as described in the text?

<p>Duty, Breach of duty, Resulting in harm, Intent (D)</p> Signup and view all the answers

What is the main difference between affirmative and negative laws?

<p><strong>Affirmative</strong> laws require action at every moment, while <strong>negative</strong> laws must be obeyed without exception. (B)</p> Signup and view all the answers

What is the key difference between natural law and positive law as mentioned in the text?

<p><strong>Natural law</strong> is eternal and based on creatures' end in accordance with eternal law, while <strong>positive law</strong> is created by legislators. (C)</p> Signup and view all the answers

What does negligence entail?

<p>Failure to meet the standard of due care (D)</p> Signup and view all the answers

What is the primary role of administrative agencies in relation to statutory laws?

<p>Enforcing statutory laws (C)</p> Signup and view all the answers

Which type of law is described as temporarily affecting human laws themselves as per the text?

<p><strong>Temporal views</strong> (C)</p> Signup and view all the answers

Standards in nursing serve which primary purpose as outlined in the text?

<p>To provide a framework for comparing actual practice performance (C)</p> Signup and view all the answers

Positive laws, according to the text, are enacted through what mechanism?

<p><strong>Positive acts of a legislator</strong> (D)</p> Signup and view all the answers

Flashcards

Nursing Consent

Obtaining permission before touching, examining, or treating a patient.

Beneficence in Nursing

Acting in the patient's best interest, like raising side rails for safety.

Nursing License Renewal

Periodic renewal of a nurse's professional license.

Fidelity in Nursing

Keeping promises and commitments to patients.

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Disciplinary Action

Penalties for violating nursing regulations (e.g., illegal use of substances, incompetence).

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Incapacitated Patient Consent

Mentally incapacitated or substance-impaired patients' inability to consent to treatment.

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Telephone Order Clarification

Confirming and documenting telephone orders with healthcare providers.

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Philippine Nursing Act

The law governing nursing practice in the Philippines.

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Constitution's Role

Establishes the framework for governance.

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Natural Law

Moral principles believed to originate from a divine source.

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Negligence Elements

Duty, breach, proximate cause, and damage.

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Affirmative vs. Negative Laws

Affirmative laws impose duties, negative laws prohibit actions.

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Natural vs. Positive Law

Natural law is based on moral principles, positive law is enacted by humans.

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Negligence Definition

Failure to exercise the care of a reasonably prudent person.

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Administrative Agencies Role

Implementing and enforcing statutory laws.

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Positive Laws

Human-made laws specific to a particular place and time.

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Nursing Standards Purpose

Providing guidelines for nursing practice and evaluation.

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Positive Laws Influence

Subject to change due to alterations in human laws.

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Unintentional Harm

Unintended negative consequences of a healthcare provider's actions.

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Study Notes

  • Failure to secure consent before touching, examining, or treating a patient can result in liability for the person performing the procedure.

Safe Nursing Practice

  • A nurse who raises the side rails of a confused and disoriented patient demonstrates the quality of beneficence.
  • Raising the side rails is not a requirement for safe nursing practice.

Licensure and Professional Development

  • A nurse should renew their current professional license periodically (no specific frequency mentioned).

Ethical Principles

  • Unintentional harm and non-maleficence principle are exemplified when a healthcare provider unintentionally causes harm to a patient while trying to provide care.
  • A nurse promising a client to find out more about their medication is practicing the ethical principle of fidelity.
  • Conviction for practicing nursing without a license, incompetence, or gross negligence, falsification of client records, and illegally obtaining, using, or possessing controlled substances is termed "disciplinary action."
  • A patient who is mentally incapacitated or under the influence of substances cannot give consent for a surgical procedure.
  • When a nurse receives a telephone order, the most appropriate action is to clarify the order with the healthcare provider and request that the order be written and signed.

Regulation of Nursing Practice

  • In the Philippines, the practice of nursing is regulated by the Philippine Nursing Act of 2002.

Types of Law

  • The main purpose of the Constitution is to provide the framework for governance and the organization of the state.
  • Natural law is described as coming directly from God.
  • The four elements of negligence are duty, breach, proximate cause, and damage.
  • The main difference between affirmative and negative laws is that affirmative laws impose duties, while negative laws prohibit actions.
  • The key difference between natural law and positive law is that natural law is based on moral principles, while positive law is based on human legislation.
  • Negligence entails the failure to exercise the care that a reasonably prudent person would exercise in a similar situation.
  • The primary role of administrative agencies in relation to statutory laws is to implement and enforce them.

Positive Laws and Standards

  • Positive laws are enacted through human legislation and are specific to a particular jurisdiction.
  • Standards in nursing serve the primary purpose of providing guidelines for practice and evaluation.
  • Positive laws are temporarily affected by human laws themselves.

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Test your knowledge on the sources and principles of nursing law, including the Constitution, statutes, administrative agencies, and court decisions. Explore the foundation and purpose of legal structures governing nursing practices.

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