Nurse Practice Acts and Legal Frameworks
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Questions and Answers

What is included in the scope of practice for LVNs in California regarding direct patient care?

  • Performing complex surgical procedures
  • Monitoring vital signs and assisting with daily living activities (correct)
  • Prescribing medications to patients
  • Administering intravenous medications without certification

    • What distinguishes criminal law from civil law?

  • Civil law involves incarceration for violations, while criminal law does not.
  • Criminal law is enforced by the government, while civil law is initiated by individuals. (correct)
  • Civil law requires a jury trial, while criminal law does not.
  • Criminal law deals with private disputes, while civil law concerns public safety.

    • How is civil law primarily established?

  • By executive orders from government officials
  • Through informal agreements between parties
  • Through statutory, regulatory, and case law (correct)
  • Exclusively through common law precedents

    • Which of the following best describes negligence?

    <p>The absence of due care or careful actions</p> Signup and view all the answers

    Which type of law resolves matters between individuals or organizations?

    <p>Civil law</p> Signup and view all the answers

    What is a potential outcome of a criminal law case?

    <p>Incarceration or fines</p> Signup and view all the answers

    Which of the following actions would likely be considered malpractice?

    <p>Failing to monitor a patient’s vital signs adequately</p> Signup and view all the answers

    Which law governs the legal responsibilities outlined for nurses?

    <p>Nurse practice act</p> Signup and view all the answers

    Which of the following statements correctly reflects a characteristic of criminal law?

    <p>It addresses the wrongs done to the community or state.</p> Signup and view all the answers

    What can be a consequence for negligence in a healthcare setting?

    <p>Legal accountability and potential malpractice claims</p> Signup and view all the answers

    What is the main distinction between malpractice and negligence?

    <p>Negligence is a general absence of due care, while malpractice is specific to health professional negligence.</p> Signup and view all the answers

    Which of the following is NOT one of the four criteria for establishing malpractice?

    <p>Consent</p> Signup and view all the answers

    What is the legal responsibility of a health care institution regarding patient care?

    <p>To uphold patients' rights to access health care and treatment with respect and dignity.</p> Signup and view all the answers

    Who is primarily responsible for ensuring informed consent is followed?

    <p>The primary health care provider</p> Signup and view all the answers

    What does the term 'accountability' refer to in the context of healthcare?

    <p>Being responsible for your own actions.</p> Signup and view all the answers

    What is an Advance Directive?

    <p>A legally binding document providing instructions for healthcare if the patient cannot make decisions.</p> Signup and view all the answers

    What is the primary function of a Durable Power of Attorney for healthcare?

    <p>To designate an agent to make healthcare decisions on the patient's behalf.</p> Signup and view all the answers

    What should a healthcare professional do if they witness potential elder abuse?

    <p>Report it as required, even if uncertain.</p> Signup and view all the answers

    Which of the following defines ethical behavior in healthcare?

    <p>Respecting patient care and advance directives.</p> Signup and view all the answers

    What is a Living Will?

    <p>A document that specifies treatment preferences in case of terminal illness.</p> Signup and view all the answers

    Study Notes

    Nurse Practice Acts

    • Each state has laws (nurse practice acts) that define the scope of nursing practice.
    • These acts set minimum standards for nursing practice.
    • California's nurse practice act for LVNs specifies direct patient care, medication administration, wound care, and reporting patient changes.

    Criminal vs. Civil Law

    • Criminal law concerns public matters, prosecuted by government agents, and results in guilt/innocence findings. Penalties can include fines, imprisonment, or both.
    • Civil law concerns disputes between individuals/entities, initiated by individuals, and results in a determination of accountability/innocence. Settlements are based on assessed liability.
    • Statutory law is created by governments (federal, state, local).
    • Common law (case law) develops from court decisions, often following precedent.

    Civil Law Establishment

    • Civil law comes from statutes, regulations, and case law that outline responsibility and accountability.
    • It governs disputes between parties and addresses non-criminal issues (negligence, malpractice).

    Negligence and Malpractice

    • Negligence is the lack of due care, arising from carelessness.
    • Malpractice is specific professional negligence, a failure to meet professional standards.

    Malpractice Criteria

    • Duty: established patient-nurse relationship
    • Breach of duty: failure to act reasonably
    • Harm: occurred (not necessarily physical)
    • Causation: the breach of duty directly caused the harm.

    Accountability vs. Liability

    • Accountability is responsibility for actions
    • Liability is legal responsibility for actions.

    Advocate

    • An advocate pleads a cause or issue on another's behalf.
    • LVNs follow practice regulation by passing the NCLEX exam.

    Joint Commission

    • The Joint Commission accredits and certifies healthcare facilities.

    Healthcare Institution Obligations

    • Healthcare institutions must uphold patients' rights to care without bias, respect, privacy, confidentiality, safety, and condition/treatment information.
    • Informed consent is a patient's right to healthcare decisions.
    • Minors have consent rights for treatment if criteria like marriage, emancipation, military service, or specific health situations are met.

    Confidentiality

    • Nurses must protect patient information, accessed only on a "need-to-know" basis.
    • Social media use should be restrained, adhering to facility policies and respecting anonymity. Destruction of patient materials is essential before leaving a work site.

    Elder Abuse/Abuse Reporting

    • Reporting suspected abuse or neglect, even if uncertain, is mandatory.
    • Nurses are protected from liability when acting in good faith to report mandated information.
    • Withholding mandatory information is considered passive euthanasia.

    Informed Consent - Legal Responsibilities

    • Healthcare providers are primarily responsible for ensuring informed consent procedures are followed.

    Unanswerable Questions

    • Avoid questions about prognosis or procedure details, as this is beyond nurses' scope.

    Avoiding Lawsuits

    • Stay within scope of practice and provide compassionate care.

    Ethics

    • Ethics are values influencing behavior, feelings, and beliefs about right/wrong.
    • Medical ethics involves respecting patients and their advance directives.
    • Advance directives are written instructions for care when a person can't make decisions.
    • Living will specifies treatment during terminal illness.
    • Durable power of attorney for healthcare appoints someone to make decisions based on patient wishes.
    • NFLPN has a code of ethics for Licensed Vocational Nurses that dictates practicing within scope, maintaining confidences, providing non-bias care, and maintaining high professional/personal behavior.

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    Description

    This quiz explores the Nurse Practice Acts and differentiates between criminal and civil law. Participants will gain insights into how nursing standards are defined and the legal ramifications of different types of law. It also covers the establishment of civil law and its implications for accountability.

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