40 Questions
What is the main purpose of a law according to the text?
To protect the rights of the public
In which type of law is there direct government involvement?
Public Law
What distinguishes Civil (Private) Law from Criminal Law?
Regulates people vs. government
Which of the following is an example of a legal safeguard for nurses?
Maintaining patient confidentiality
What consequence can arise from failure to document patient care accurately?
Liability for negligence or malpractice
Why is effective communication with the healthcare team essential for reducing liability?
To promote collaboration and minimize misunderstandings
What are the characteristics of high-quality documentation according to the text?
Specific, concise, and clear
What is a key requirement for a patient/surrogate to provide informed consent according to the text?
Being able to repeat the details in their own words
Which of the following best describes the documentation example 'Pt.oob to chair, refused to go back to bed, unsteady. MD aware, Charge Nurse aware'?
Clear documentation of patient condition and actions taken
What is a critical aspect of a patient/surrogate's competence when giving informed consent?
Understanding necessary information and having consistent values
Which of the following would be an example of a legal safeguard in healthcare?
Keeping patient information confidential and secure
In what way does the documentation example 'C/O SOB SPo2 82%, will continue to monitor' contribute to liability prevention?
By documenting specific patient complaints and monitoring plan
What are the four elements of liability in nursing?
Maintain standards of care, breach duty to care, proximate cause of injury, assume duty of care
Which of the following is NOT a treatment cause for liability in nursing?
Informed Consent
What is one of the legal safeguards for nursing practice mentioned in the text?
Joint Commission accreditation
Why is documentation essential as a legal safeguard for nursing practice?
To maintain standards of care
Which of the following is a key reason for communication with the healthcare team?
HIPAA compliance
In the context of legal safeguards for nursing practice, what does 'informed consent or refusal' refer to?
'Informed consent or refusal' involves proper communication between nurses and patients.
What type of law defines criminal actions like murder, criminal negligence, and theft?
Statutory Law
Which legislative body enacts federal laws in the United States?
Congress
Which law specifically affects nurses and their practice?
Good Samaritan Act
Who develops specific rules and regulations that direct the implementation of statutory law?
Administrative agencies
Which type of law includes rules and regulations adopted by administrative agencies?
Administrative Law
Which of the following is an example of a legal safeguard for nurses?
Americans with Disabilities Act
What legal safeguard ensures a dignified death for terminal ill clients?
Do Not Resuscitate (DNR) orders
Which action illustrates the client advocate role as mentioned in the text?
Asking the client why they want to leave the facility
Which legal document emphasizes a client's right to be informed and consent or decline services?
HIPAA
In the context of nursing practice, what is a key element of liability discussed in the text?
Proper communication with the healthcare team
Which legal term represents a directive that outlines a patient's preferences regarding medical treatment?
Living will
What is a potential cause for liability in nursing practice related to documentation?
Failing to document client care accurately
In the context of informed consent, what is one of the criteria for determining a patient's competence to give consent?
Understanding the information provided
Which of the following is NOT a valid exception where minors can provide their own consent?
Incarcerated
What action should a nurse take if concerned about a client's competency to give consent for a procedure?
Resource to the supervisor for guidance
Which type of consent exists when a client's behavior implies agreement without verbal confirmation?
Implied Consent
In the context of consent, what does 'battery' refer to?
Performing a procedure without consent
When should a nurse notify the provider of a client's need for further clarifications regarding a procedure?
When there are concerns about the client's understanding
What is one of the rights that a client has in terms of their care and treatment?
Right to decide on the plan of care
Who can provide consent for a mentally ill patient that has been deemed professionally incompetent?
A court-appointed guardian
'Freely consenting or refusing' and 'No coercion/manipulation' are key aspects related to which element in healthcare communication?
Informed Consent
What does 'expressed consent' refer to in healthcare settings?
Verbal or written agreement for a procedure
Study Notes
Legal Controls for Nursing Practice
- Law: a standard or rule of conduct established and enforced by the government to protect the public's rights.
- Types of law:
- Public law: regulates people and government, describes powers of government.
- Civil (private) law: regulates people vs. people, deals with contracts, property ownership, and nursing practice.
- Criminal law: defines criminal actions, has direct government involvement.
Sources of Law
- Constitution: the supreme law of the land.
- Legislation: laws enacted by any legislative body, e.g. federal (Congress) and state (State Legislature) laws.
- Administrative law: rules and regulations adopted by administrative facilities/agencies, e.g. State Nursing Boards and city boards of health.
- Common law: comes from court decisions, applies the same rules and principles from similar cases.
Legal Controls for Nursing Practice
- Nurse Practice Act: regulates practice and licensure of nursing, protects the public, and enforces rules and regulations concerning the nursing profession.
- BRN (Board of Registered Nursing) regulations: credentialing and voluntary controls.
- National League for Nursing: interprofessional education and joint commission.
- Joint Commission: national patient safety goals.
Crimes and Torts
- Crimes: wrongs committed against a person or property, punishable by the state or federal government.
- Torts: violations subject to prosecution in civil court, with damages settled by money.
- Criminal actions: disputes between an individual and society as a whole, e.g. homicide, theft, and illegal possession of controlled drugs.
Intentional Torts
- Act was on purpose or with intent, e.g. assault, battery, defamation of character, invasion of privacy, and false imprisonment.
- Liability may still exist even if no harm occurs.
Unintentional Torts (Malpractice)
- Negligence by healthcare providers/professionals, e.g. failure to act as a reasonably prudent person.
- Two forms of malpractice: commission (doing something that should not have been done) and omission (failing to do something that should have been done).
Liability
- The quality or state of being legally responsible for one's obligations and actions, and to make financial restitution for wrongful acts.
- Nurse's obligation: prevent harm or injury to clients, maintain standards of care.
Four Elements of Liability
- Duty: the nurse has assumed the duty of care.
- Breach: the nurse breached the duty to care by failing to meet the standard of care.
- Causation: the failure of the nurse to meet the standard of care was the proximate cause of the injury.
- Damages: the injury is proved.
Legal Safeguards for Nursing Practice
- Documentation: accurate and complete records.
- Competent practice: meeting standards of care.
- Informed consent or refusal: client's autonomy and decision-making.
- Contracts: agreements between healthcare providers and clients.
- Standards of clinical nursing practice: guidelines for nursing care.
- Professional liability insurance: financial protection for nurses.
- Institutional policies and procedures: guidelines for nursing practice.
- Sentinel events: unexpected events that result in death or serious harm.
Clients' Rights and Responsibilities
- Right to privacy: confidentiality, consultation, examination, and records.
- Right to informed consent: client's autonomy and decision-making.
- Right to refuse care: client's autonomy and decision-making.
- Right to request care/services/referrals/transfer: client's autonomy and decision-making.
- Right to information: client's right to know about their care.
- Right to be informed of hospital policies and procedures: client's right to know about their care.
HIPAA
- Health Insurance Portability and Accountability Act: protects client's health information.
Do Not Resuscitate (DNR) Orders
- "Do Not Resuscitate" orders: written when a client has expressed no resuscitation in the event of a respiratory or cardiac arrest.
- Goal: dignified death, comfortable measures.
Informed Consent
- Disclosure: informing the client of the procedure, risks, benefits, and alternatives.
- Comprehension: ensuring the client understands the information.
- Competence: ensuring the client is able to reason and make decisions.
- Voluntariness: ensuring the client is freely consenting or refusing.
- Informed consent checklist: ensuring all elements are met.
Test your knowledge on legal controls for nursing practice with this quiz. Topics include State Nursing Boards, Nurse Practice Act, Common Law, and Stare decisis. Prepare for exams or enhance your understanding of the legal aspects of nursing.
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