Questions and Answers
What does legal understanding enhance for nurses?
What are statutory laws?
Laws written and enacted by legislative bodies.
What do nurse practice acts pertain to?
State.
Which of the following is part of federal laws related to nursing?
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What does regulatory law reflect?
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What is common law created through?
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What is the primary purpose of criminal law?
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What does civil law protect?
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What does AMA stand for in terms of nursing practice?
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What are elements essential for proving negligence or malpractice?
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What is gross negligence?
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What is required for informed consent?
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An adult of sound mind has the right to refuse any treatment, which is called ______.
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What is the Emergency Medical Treatment and Active Labor Act?
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What does confidentiality mean in healthcare?
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Failure to act in a reasonable and prudent manner is called ______.
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Define abandonment in the context of nursing.
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Study Notes
Legal Understanding in Nursing
- Enhances critical thinking in nurses.
- Protects nurses from liability and upholds client rights.
- Clarifies societal expectations for healthcare providers.
Types of Law Relevant to Nursing
- Statutory Law: Laws established by legislative bodies.
- Regulatory Law: Derived from decisions of administrative agencies, such as State Boards of Nursing.
- Common Law: Formed through judicial opinions and case law in appellate courts.
- Criminal Law: Aims to prevent societal harm and imposes penalties; includes felonies and misdemeanors.
- Civil Law: Protects individual rights, addressing negligence and malpractice.
Nursing Practice Acts
- Governed under state laws, defining nurse practice regulations.
Federal Laws Impacting Nursing
- Americans with Disabilities Act: Protects rights of disabled individuals.
- Emergency Medical Treatment and Active Labor Act: Ensures medical screenings in emergency departments to prevent "patient dumping."
- Health Insurance Portability and Accountability Act (HIPAA): Safeguards patient privacy and data.
Legal Concepts in Nursing
- Advance Directives: Include living wills and durable power of attorney for healthcare decisions.
- Torts: Refers to civil wrongs affecting persons or property, can be intentional or unintentional.
Malpractice and Negligence
- Negligence: Failure to act with reasonable care.
- Malpractice: Specialized negligence by a professional due to inadequate performance of duties.
- Elements to Prove Malpractice: Duty owed to patient, breach of that duty, actual harm caused, and proximate cause linking breach to injury.
Frequent Allegations Against Nurses
- Common claims include failure to ensure patient safety, improper treatment, inadequate monitoring, medication errors, and failing to follow agency policies.
Special Types of Negligence
- Gross Negligence: Reckless disregard for patient welfare, may result in punitive damages.
- Criminal Negligence: Actions are so negligent they result in significant harm or death.
Consequences of Negligence
- Can lead to loss of job, license suspension, fines, and large legal fees; patient harm incidents are prevalent.
Liability in Nursing
- Personal liability requires nurses to accept responsibility for any negligent acts; cannot delegate responsibility.
Patient Rights and Decisions
- Informed Consent: Nurses facilitate informed choices by patients after disclosing necessary information about treatments.
- Right to Refuse Treatment: Patients are entitled to refuse treatment after understanding the risks and consequences.
Restraint Use in Nursing
- Use of restraints must be justified, following strict guidelines to avoid allegations of assault or false imprisonment.
Confidentiality in Healthcare
- Nurses must maintain patient confidentiality, only sharing information with authorized personnel.
Legal Terms Relevant to Nurses
- Battery: Unauthorized touching leading to harm.
- Defamation: Communicating false statements about a patient; includes slander and libel.
- Abandonment: Leaving a patient without appropriate care; can result in legal repercussions.
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Description
Test your knowledge on legal concepts and regulations that impact nursing practice. This quiz covers various types of law including statutory, regulatory, and common law, as well as key federal laws relevant to healthcare. Enhance your understanding of legal frameworks that protect both nurses and patients.
