Podcast
Questions and Answers
What type of law defines criminal actions like murder, criminal negligence, and theft?
What type of law defines criminal actions like murder, criminal negligence, and theft?
- Administrative law
- Public law
- Common 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)
- Board of Registered Nursing (BRN)
- State Legislature
- Administrative agencies
In the context of nursing, which law specifically directs the implementation of statutory law through rules and regulations?
In the context of nursing, which law specifically directs the implementation of statutory law through rules and regulations?
- Common law
- Good Samaritan Act
- Nurse Practice Act (correct)
- Living wills laws
Which type of law involves rules and regulations developed by administrative agencies to implement statutory law?
Which type of law involves rules and regulations developed by administrative agencies to implement statutory law?
What type of law involves decisions made by courts based on precedents?
What type of law involves decisions made by courts based on precedents?
Which of the following is NOT an example of a statutory law affecting nurses?
Which of the following is NOT an example of a statutory law affecting nurses?
Who has the authority to develop specific rules and regulations that direct the implementation of statutory law?
Who has the authority to develop specific rules and regulations that direct the implementation of statutory law?
'Good Samaritan Act' falls under which category of law?
'Good Samaritan Act' falls under which category of law?
What is the ethical principle recognized in tort law that individuals have a general duty not to harm each other?
What is the ethical principle recognized in tort law that individuals have a general duty not to harm each other?
In nursing, which intentional tort involves making a false communication that results in injury to the reputation of a person?
In nursing, which intentional tort involves making a false communication that results in injury to the reputation of a person?
What is the term for the unjustifiable detention of a person without legal warrant to confine the person?
What is the term for the unjustifiable detention of a person without legal warrant to confine the person?
What is the form of malpractice that involves doing something that should not have been done?
What is the form of malpractice that involves doing something that should not have been done?
Which action would be considered an act of battery in the context of nursing?
Which action would be considered an act of battery in the context of nursing?
What is the term for willful and purposeful misrepresentation that could cause loss or harm to a person or property?
What is the term for willful and purposeful misrepresentation that could cause loss or harm to a person or property?
"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:
"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:
What are the characteristics of high-quality documentation according to the text?
What are the characteristics of high-quality documentation according to the text?
What does it mean for a patient to be 'competent' in the context of making a decision?
What does it mean for a patient to be 'competent' in the context of making a decision?
What is included in informed consent according to the text?
What is included in informed consent according to the text?
Which of the following does competent decision-making NOT entail?
Which of the following does competent decision-making NOT entail?
What is a key aspect of high-quality documentation that ensures clarity?
What is a key aspect of high-quality documentation that ensures clarity?
Why is it important for patients/surrogates to be informed about alternatives in informed consent?
Why is it important for patients/surrogates to be informed about alternatives in informed consent?
Which of the following is NOT a characteristic of high-quality documentation?
Which of the following is NOT a characteristic of high-quality documentation?
What should a patient/surrogate be able to do in order to demonstrate competence in decision-making?
What should a patient/surrogate be able to do in order to demonstrate competence in decision-making?
What is required before procedures are performed?
What is required before procedures are performed?
In the context provided, what does battery refer to?
In the context provided, what does battery refer to?
When is Implied Consent typically observed?
When is Implied Consent typically observed?
Who can provide consent for a mentally ill patient deemed professionally incompetent?
Who can provide consent for a mentally ill patient deemed professionally incompetent?
In what situations can some minors legally provide their own consent?
In what situations can some minors legally provide their own consent?
What should the nurse do if concerned about a client's competency to give consent?
What should the nurse do if concerned about a client's competency to give consent?
What is one of the rights of a client in healthcare according to the text?
What is one of the rights of a client in healthcare according to the text?
What must be done after obtaining a client's consent or refusal according to the text?
What must be done after obtaining a client's consent or refusal according to the text?
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?
When is a 'Do Not Resuscitate' (DNR) order typically written?
When is a 'Do Not Resuscitate' (DNR) order typically written?
What does the Nurse Practice Act and Statutes & Regulations primarily cover?
What does the Nurse Practice Act and Statutes & Regulations primarily cover?
Why are Active TB patients and Public Health Threats listed as exceptions for patients insisting on leaving a facility?
Why are Active TB patients and Public Health Threats listed as exceptions for patients insisting on leaving a facility?
What is the goal of a 'Do Not Resuscitate' (DNR) order mentioned in the text?
What is the goal of a 'Do Not Resuscitate' (DNR) order mentioned in the text?
What is the client advocate role mentioned in the text primarily focused on?
What is the client advocate role mentioned in the text primarily focused on?
What do the HIPAA regulations primarily aim to protect?
What do the HIPAA regulations primarily aim to protect?
What is a key characteristic of a 'Living Will' as mentioned in the text?
What is a key characteristic of a 'Living Will' as mentioned in the text?
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.
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Description
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.
