40 Questions
What is the primary function of statutory law?
Enacting laws at both state and federal levels
Which legislation specifically impacts nurses' practice?
Good Samaritan Act
What are the sources of law mentioned in the text?
Both a and b
What is the function of administrative law?
Develops specific rules and regulations for implementing statutory law
Which legislative body is responsible for enacting federal laws?
Congress
What is the significance of the Americans with Disabilities Act in relation to nursing practice?
Ensuring accessibility for individuals with disabilities in healthcare facilities
What does the term 'Common Stare decisis' refer to in the context of law?
The principle of following precedent to make decisions
How do Nurse Practice Acts impact the nursing profession?
By establishing standards for nursing practice and licensure
What are the key components of informed consent?
Disclosure, comprehension, competence, voluntariness
In the context of consent, under what circumstances does battery occur?
If procedures are performed without consent
What constitutes expressed consent?
Oral or written agreement
In which scenario does implied consent exist?
During life-threatening medical emergencies
Who among the following may not be able to provide consent?
An adult with impaired judgment
What type of client behavior indicates implied consent?
Non-verbal actions like sitting up to take medication
What exceptions allow certain minors to provide their own consent?
Minors with emancipated status
What is the nurse's responsibility regarding consent in healthcare settings?
Ensure clients understand procedures and voluntarily consent
What legal principle comes from court decisions and allows judges to apply the same rules from similar cases?
Stare decisis
Which organization is responsible for establishing national patient safety goals for healthcare institutions?
Joint Commission
What is the term for a violation that is subject to prosecution in civil court and results in damages settled by money?
Tort
Which of the following is an example of an intentional tort in nursing?
Assault and battery
What type of wrongdoing involves willful and purposeful misrepresentation that could cause harm or loss?
Fraud
In nursing, what does libel refer to?
Defamation by spoken word
What does false imprisonment in nursing refer to?
Unjustifiable detention without legal warrant
'A direct wrong of a personal nature' refers to which concept in nursing?
'Communication that is false and injures reputation'
What is the main purpose of a 'Do Not Resuscitate' (DNR) order?
To provide a dignified death and comfortable measures
What is the main goal of the client advocate role mentioned in the text?
To ensure clients are aware of all risks, even up to death, before leaving against medical advice
In the context presented, what does HIPAA stand for?
Healthcare Information Portability and Accountability Act
What is one of the rights clients have in healthcare facilities?
Right to refuse care or services
What is the significance of having a Living Will according to the text?
It specifies a person's preferences for medical treatment in case they are unable to communicate
What threat or condition could prevent a client from insisting on leaving a healthcare facility?
Active Tuberculosis (TB)
What is one responsibility discussed in relation to a nurse practicing individualized care?
Ensuring clients are informed of their rights and responsibilities
'Client advocate role' primarily involves:
Ensuring clients have all information needed before important decisions
What are the characteristics of high-quality documentation according to the text?
Specific, concise, clear, and complete
Which action by a patient is an example of poor compliance with hospital safety measures based on the provided documentation?
Patient turning off bed alarm and getting out of bed independently
What is essential for informed consent according to the text?
The patient/surrogate must understand the procedure, risks, benefits, alternatives, and the lack of guaranteed outcomes
What is a sign that a patient may not be competent to make a treatment decision?
The patient understands the information needed but has diverse values
Which statement reflects low-quality documentation?
"Pt states –CAN’T U C I’M DONE?"
What might be a consequence of a patient refusing to return to bed in a hospital setting?
Potential unsteadiness or increased safety risks
Why is it important for documentation to be timely and sequential?
To ensure accurate and updated patient information
What is a key component of disclosing information to patients for informed consent?
Including possible alternatives and the fact that outcomes are not guaranteed
Study Notes
Legal Controls for Nursing Practice
- State and federal statutes define criminal actions, such as murder, criminal negligence, and theft
- Sources of law include the Constitution, legislation, nurse practice acts, administrative law, and common law
Statutory Law
- Laws enacted by legislative bodies, such as federal (Congress) and state (State Legislature)
- Affects nurses through laws like the Nurse Practice Act, Good Samaritan Act, and Child & Adult Abuse laws
Administrative Law
- Rules and regulations adopted by administrative agencies, guided by executive officers
- Directs the implementation of statutory law, ensuring nurses comply with regulations
Informed Consent
- Patient's right to make informed decisions about their care, including procedures, risks, benefits, and alternatives
- Checklist:
- Disclosure: patient is informed of procedure's nature, risks, benefits, and alternatives
- Comprehension: patient correctly repeats the information in their own words
- Competence: patient understands the information and can reason consistently
- Voluntariness: patient's decision is free from coercion and manipulation
- Three groups that cannot provide consent: minors, adults with mental capacity of a child, and impaired judgment/unconscious patients
Consent in Nursing
- Nurse's role: assess client understanding, answer questions, notify provider of client's need for clarification, and ensure signed consent or refusal
- Witness to having seen client sign consent form
- Exceptions to consent: life-threatening emergencies, legally authorized person unreachable
Rights and Responsibilities
- Right to considerate and respectful care
- Right to information (diagnosis, treatment, prognosis)
- Right to decide (plan of care)
- Right to advance directive (e.g., living will)
Legal Controls for Nursing Practice
- California Nurse Practice Act: regulates nursing practice and licensure, protecting the public and maintaining professional competence
- BRN regulations: defines important terms and activities in nursing, scope of practice, and responsibilities of RNs
- Voluntary controls: National League for Nursing, Joint Commission, and credentialing
Crimes and Torts
- Criminal actions: disputes between individual and society, punishable by the state or federal government
- Tort law: recognizes duties and rights among private individuals, not based on contractual agreements
- Intentional torts: assault, battery, defamation of character, invasion of privacy, and false imprisonment
Liability
- Quality or state of being legally responsible for one's obligations and actions
- Nurse's obligation: prevent harm or injury to clients, maintain standards of care
- Four elements of liability: duty of care, breach of duty, proximate cause, and injury
Legal Safeguards for Nursing Practice
- Documentation: accurate, concise, and complete records
- Contracts: living wills, right to privacy, and client's bill of rights
- Informed consent or refusal
- Professional liability insurance
- Institutional policies and procedures
Test your knowledge on legal aspects relevant to nursing practice, including contracts, property ownership, and criminal actions defined by state and federal statutes. Explore sources of law such as the Constitution, legislation, Nurse Practice Acts, and administrative bodies.
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