Podcast
Questions and Answers
What type of law defines criminal actions such as murder, criminal negligence, and theft?
What type of law defines criminal actions such as murder, criminal negligence, and theft?
- Administrative law
- Constitutional law
- Public law
- Statutory law (correct)
Which legislative body enacts federal statutory laws in the United States?
Which legislative body enacts federal statutory laws in the United States?
- Congress (correct)
- Common Stare decisis
- Administrative agencies
- State Legislature
What is the main purpose of Nurse Practice Acts?
What is the main purpose of Nurse Practice Acts?
- Regulating nursing practice (correct)
- Defining property ownership
- Establishing judicial precedents
- Enforcing administrative rules
Which of the following is an example of a statutory law affecting nurses?
Which of the following is an example of a statutory law affecting nurses?
Who develops specific rules and regulations that guide the implementation of statutory laws?
Who develops specific rules and regulations that guide the implementation of statutory laws?
Which type of law involves rules and regulations adopted by administrative facilities/agencies?
Which type of law involves rules and regulations adopted by administrative facilities/agencies?
What is the purpose of the Good Samaritan Act?
What is the purpose of the Good Samaritan Act?
Which legislative body enacts state statutory laws in the United States?
Which legislative body enacts state statutory laws in the United States?
What are some characteristics of high-quality documentation in nursing?
What are some characteristics of high-quality documentation in nursing?
In the context of disclosure, what information should be provided to the patient or surrogate?
In the context of disclosure, what information should be provided to the patient or surrogate?
What demonstrates competence in a patient for giving informed consent?
What demonstrates competence in a patient for giving informed consent?
Which statement best describes the concept of Competence in the context of informed consent?
Which statement best describes the concept of Competence in the context of informed consent?
What is NOT a characteristic of high-quality nursing documentation?
What is NOT a characteristic of high-quality nursing documentation?
In the context of disclosure to patients or surrogates, what is NOT a required piece of information?
In the context of disclosure to patients or surrogates, what is NOT a required piece of information?
'VSS skin warm and dry.LSCTA.Bowel Sounds PAL.Ambulated.' is an example of what type of documentation?
'VSS skin warm and dry.LSCTA.Bowel Sounds PAL.Ambulated.' is an example of what type of documentation?
'Pt.oob to chair, refused to go back to bed, unsteady.MD aware, Charge Nurse aware.' - What aspect of high-quality documentation does this exhibit?
'Pt.oob to chair, refused to go back to bed, unsteady.MD aware, Charge Nurse aware.' - What aspect of high-quality documentation does this exhibit?
What legal concept derives from court decisions and allows judges to apply the same rules and principles from similar cases?
What legal concept derives from court decisions and allows judges to apply the same rules and principles from similar cases?
Which organization defines important terms and activities in nursing, as well as the scope of practice and responsibilities of RNs?
Which organization defines important terms and activities in nursing, as well as the scope of practice and responsibilities of RNs?
What type of law deals with violations that are punishable by the state or federal government?
What type of law deals with violations that are punishable by the state or federal government?
Which of the following is NOT an intentional tort related to nursing?
Which of the following is NOT an intentional tort related to nursing?
In nursing, what is defined as 'an attempt or threat to touch another person unjustifiably'?
In nursing, what is defined as 'an attempt or threat to touch another person unjustifiably'?
'Communication that is false and results in injury to a person's reputation' refers to which intentional tort?
'Communication that is false and results in injury to a person's reputation' refers to which intentional tort?
'A direct wrong of a personal nature' describes which intentional tort?
'A direct wrong of a personal nature' describes which intentional tort?
Which legal safeguard for nursing practice involves maintaining professional competence through continuing education units every 2 years?
Which legal safeguard for nursing practice involves maintaining professional competence through continuing education units every 2 years?
What is the primary focus when assessing voluntariness in the context of informed consent?
What is the primary focus when assessing voluntariness in the context of informed consent?
What is the main focus of the Clients' Bill of Rights mentioned in the text?
What is the main focus of the Clients' Bill of Rights mentioned in the text?
In the context of informed consent, what action should a nurse take if concerned about a client's competency to give consent?
In the context of informed consent, what action should a nurse take if concerned about a client's competency to give consent?
What is the purpose of a 'Do Not Resuscitate' (DNR) order as described in the text?
What is the purpose of a 'Do Not Resuscitate' (DNR) order as described in the text?
What type of consent is demonstrated when a client sits up to take medication without verbal agreement?
What type of consent is demonstrated when a client sits up to take medication without verbal agreement?
What is the role of a client advocate in the context mentioned in the text?
What is the role of a client advocate in the context mentioned in the text?
In what scenario would a client have the right to leave even if it may be detrimental to their health?
In what scenario would a client have the right to leave even if it may be detrimental to their health?
Which group is viewed as unable to provide consent due to impaired judgment or unconsciousness?
Which group is viewed as unable to provide consent due to impaired judgment or unconsciousness?
In the context of informed consent, what is the nurse's role regarding a client's need for further clarifications?
In the context of informed consent, what is the nurse's role regarding a client's need for further clarifications?
What is the primary goal behind implementing a 'Do Not Resuscitate' (DNR) order?
What is the primary goal behind implementing a 'Do Not Resuscitate' (DNR) order?
Which exception allows some minors to provide their own consent for medical procedures?
Which exception allows some minors to provide their own consent for medical procedures?
What is one responsibility discussed in the Nurse Practice Act according to the text?
What is one responsibility discussed in the Nurse Practice Act according to the text?
What does implied consent imply in life-threatening medical emergencies?
What does implied consent imply in life-threatening medical emergencies?
What does HIPAA stand for in the context mentioned in the text?
What does HIPAA stand for in the context mentioned in the text?
Which right does a client have in terms of an advance directive?
Which right does a client have in terms of an advance directive?
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Study Notes
Sources of Law
- Constitution
- Legislation (Statutory Law)
- Nurse Practice Acts
- Administrative Law
- Common Law (Stare decisis)
Statutory Law
- Laws enacted by legislative bodies (Federal and State)
- Affects nurses through Nurse Practice Act, Good Samaritan Act, Child & Adult abuse laws, Living wills, and Sexual harassment laws
Administrative Law
- Rules and regulations adopted by administrative facilities/agencies
- Examples: BRN (Board of Registered Nursing) and State Boards of Health
Documentation
- Characteristics: Specific, concise, clear, complete, timely, sequential, and legible
- Examples: Pt states, Pt ambulated, Pt OOB by self, etc.
Informed Consent
- Disclosure: Patient/surrogate informed of nature of procedure, risks, benefits, and alternatives
- Comprehension: Patient/surrogate can correctly repeat in their own words
- Competence: Patient understands and can make informed decisions
- Voluntariness: Patient is voluntarily consenting or refusing
Legal Controls for Nursing Practice
- State Nursing Boards at the state level
- City boards of health at the municipality level
- Nurse Practice Act: regulates practice and licensure of nursing, protects the public, and enforces rules and regulations concerning the nursing profession
- Voluntary Controls: National League for Nursing, Joint Commission, National Patient Safety Goals
Crimes and Torts
- Crimes: Violations punishable by the State or Federal government
- Torts: Violations subject to prosecution in civil court with damages settled by money
- Examples of criminal actions: Homicide, manslaughter, theft, arson, active euthanasia, and sexual assault
Intentional Torts
- Assault and battery
- Defamation of character (Libel/Slander)
- Invasion of privacy
- False imprisonment
- Fraud
Unintentional Torts (Malpractice)
- Negligence by healthcare providers/professionals
- Failure to act as a reasonably prudent person
Liability
- The 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, Breach, Causation, and Damages
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