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?
Which legislative body enacts federal statutory laws in the United States?
Which legislative body enacts federal statutory laws in the United States?
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?
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?
Signup and view all the answers
What type of law involves decisions made by courts based on precedents?
What type of law involves decisions made by courts based on precedents?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
'Good Samaritan Act' falls under which category of law?
'Good Samaritan Act' falls under which category of law?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
"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:
Signup and view all the answers
What are the characteristics of high-quality documentation according to the text?
What are the characteristics of high-quality documentation according to the text?
Signup and view all the answers
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?
Signup and view all the answers
What is included in informed consent according to the text?
What is included in informed consent according to the text?
Signup and view all the answers
Which of the following does competent decision-making NOT entail?
Which of the following does competent decision-making NOT entail?
Signup and view all the answers
What is a key aspect of high-quality documentation that ensures clarity?
What is a key aspect of high-quality documentation that ensures clarity?
Signup and view all the answers
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?
Signup and view all the answers
Which of the following is NOT a characteristic of high-quality documentation?
Which of the following is NOT a characteristic of high-quality documentation?
Signup and view all the answers
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?
Signup and view all the answers
What is required before procedures are performed?
What is required before procedures are performed?
Signup and view all the answers
In the context provided, what does battery refer to?
In the context provided, what does battery refer to?
Signup and view all the answers
When is Implied Consent typically observed?
When is Implied Consent typically observed?
Signup and view all the answers
Who can provide consent for a mentally ill patient deemed professionally incompetent?
Who can provide consent for a mentally ill patient deemed professionally incompetent?
Signup and view all the answers
In what situations can some minors legally provide their own consent?
In what situations can some minors legally provide their own consent?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
When is a 'Do Not Resuscitate' (DNR) order typically written?
When is a 'Do Not Resuscitate' (DNR) order typically written?
Signup and view all the answers
What does the Nurse Practice Act and Statutes & Regulations primarily cover?
What does the Nurse Practice Act and Statutes & Regulations primarily cover?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
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?
Signup and view all the answers
What do the HIPAA regulations primarily aim to protect?
What do the HIPAA regulations primarily aim to protect?
Signup and view all the answers
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?
Signup and view all the answers
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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
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.
