39 Questions
What type of law defines criminal actions like murder, criminal negligence, and theft?
Statutory law
Which legislative body enacts federal statutory laws in the United States?
Congress
In the context of nursing, which law specifically directs the implementation of statutory law through rules and regulations?
Nurse Practice Act
Which type of law involves rules and regulations developed by administrative agencies to implement statutory law?
Administrative law
What type of law involves decisions made by courts based on precedents?
Common law
Which of the following is NOT an example of a statutory law affecting nurses?
Living wills laws
Who has the authority to develop specific rules and regulations that direct the implementation of statutory law?
Administrative agencies
'Good Samaritan Act' falls under which category of law?
Statutory law
What is the ethical principle recognized in tort law that individuals have a general duty not to harm each other?
Nonmaleficence
In nursing, which intentional tort involves making a false communication that results in injury to the reputation of a person?
Defamation of Character
What is the term for the unjustifiable detention of a person without legal warrant to confine the person?
False Imprisonment
What is the form of malpractice that involves doing something that should not have been done?
Commission
Which action would be considered an act of battery in the context of nursing?
Administering a medication without informed consent
What is the term for willful and purposeful misrepresentation that could cause loss or harm to a person or property?
Fraud
"Communication that is false, or made with a careless disregard for the truth, and results in injury to the reputation of a person" is known as:
(Libel/ Slander)
What are the characteristics of high-quality documentation according to the text?
Specific, concise, clear, and complete
What does it mean for a patient to be 'competent' in the context of making a decision?
Able to communicate a preference and understand the decision-making information
What is included in informed consent according to the text?
Nature of the risk, benefits, alternatives, and guarantee of outcomes
Which of the following does competent decision-making NOT entail?
Lack of emotional stress
What is a key aspect of high-quality documentation that ensures clarity?
Conciseness
Why is it important for patients/surrogates to be informed about alternatives in informed consent?
To provide a comprehensive view for decision-making
Which of the following is NOT a characteristic of high-quality documentation?
Vague and incomplete
What should a patient/surrogate be able to do in order to demonstrate competence in decision-making?
Communicating their preference clearly
What is required before procedures are performed?
Informed consent
In the context provided, what does battery refer to?
Performing a procedure without consent
When is Implied Consent typically observed?
When the client's non-verbal behavior indicates agreement
Who can provide consent for a mentally ill patient deemed professionally incompetent?
A court-appointed guardian
In what situations can some minors legally provide their own consent?
When they are emancipated
What should the nurse do if concerned about a client's competency to give consent?
Refer to their supervisor for guidance
What is one of the rights of a client in healthcare according to the text?
Right to refuse treatment
What must be done after obtaining a client's consent or refusal according to the text?
Inform the provider of any questions the client had
What is the main focus of the Clients’ Bill of Rights mentioned in the text?
Outlining clients' rights related to their care and treatment
When is a 'Do Not Resuscitate' (DNR) order typically written?
In terminal ill clients where death is expected
What does the Nurse Practice Act and Statutes & Regulations primarily cover?
Legal controls for nursing practice
Why are Active TB patients and Public Health Threats listed as exceptions for patients insisting on leaving a facility?
To ensure they receive adequate care and do not pose a risk to others
What is the goal of a 'Do Not Resuscitate' (DNR) order mentioned in the text?
To provide a dignified death and comfortable measures for terminally ill clients
What is the client advocate role mentioned in the text primarily focused on?
Ensuring clients are aware of risks when leaving a facility against medical advice
What do the HIPAA regulations primarily aim to protect?
Patients' privacy and health information
What is a key characteristic of a 'Living Will' as mentioned in the text?
It details clients' healthcare preferences in case they cannot communicate
Study Notes
Legal Controls for Nursing Practice
- Legal controls for nursing practice include constitutional law, statutory law, administrative law, and common law.
- Constitutional law refers to the US Constitution and state constitutions.
- Statutory law refers to laws enacted by legislative bodies, such as Congress and state legislatures.
- Administrative law refers to rules and regulations adopted by administrative agencies.
- Common law refers to court decisions and customs.
Sources of Law
- Constitution: defines criminal actions, such as murder and theft.
- Legislation: includes Nurse Practice Acts, Good Samaritan Acts, and Living Will laws.
- Administrative Law: includes rules and regulations adopted by administrative agencies, such as State Boards of Nursing.
- Common Law: includes court decisions and customs.
Legal Controls for Nursing Practice
- Nurse Practice Act: defines scope of practice, responsibilities of RNs, and credentialing.
- BRN regulations: define standards for nursing education and practice.
- Voluntary controls: include credentialing, National League for Nursing, and Joint Commission.
- National Patient Safety Goals: established by Joint Commission to improve patient safety.
Crimes and Torts
- Criminal actions: disputes between an individual and society, punishable by the state or federal government.
- Torts: civil wrongs, including intentional and unintentional acts, punishable by monetary damages.
- Examples of intentional torts: assault, battery, defamation, invasion of privacy, and false imprisonment.
Intentional Torts
- Assault: attempt or threat to touch another person unjustifiably.
- Battery: willful touching of a person or their clothes.
- Defamation: false communication that damages a person's reputation.
- Invasion of privacy: direct wrong of a personal nature.
- False imprisonment: unjustifiable detention of a person without legal warrant.
Unintentional Torts (Malpractice)
- Negligence: failure to act as a reasonably prudent person.
- Liability: quality or state of being legally responsible for one's obligations and actions.
- Four elements of liability: duty of care, breach of duty, proximate cause, and injury.
Legal Safeguards for Nursing Practice
- Documentation: legal evidence of care provided.
- Informed consent: patient's agreement to treatment after being informed of risks and benefits.
- Communication with healthcare team: essential for quality care.
- Institutional policies and procedures: guide nursing practice.
- Sentinel events: unexpected events that result in death or serious injury.
Informed Consent
- Disclosure: patient is informed of nature of procedure, risks, benefits, and alternatives.
- Competence: patient has the capacity to understand and make decisions.
- Voluntariness: patient's decision is free from coercion or manipulation.
- Comprehension: patient understands the information.
Clients' Rights
- Right to considerate and respectful care.
- Right to information about diagnosis, treatment, and prognosis.
- Right to decide about care, including refusal of treatment.
- Right to advance directives, such as living wills.
- Right to privacy and confidentiality.
- Right to request care, services, or transfer to another facility.
HIPAA
- Health Insurance Portability and Accountability Act: protects patient privacy and security of health information.
Test your knowledge on legal aspects of nursing practice including contracts, property ownership, and criminal actions defined by state and federal statutes. Explore sources of law such as the Constitution, legislative bodies, and Nurse Practice Acts.
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