Nursing Legal Implications Chapter 23

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the main purpose of the Uniform Determination of Death Act?

To establish standards for patient abandonment

To determine nurse-to-patient ratios

To determine actual death (correct)

To reduce legal risks for nurses

What type of tort is an act in which a person may not intend to cause harm to another but does?

Quasi-intentional tort (correct)

Negligent tort

Unintentional tort

Intentional tort

What is the primary function of malpractice insurance?

To cover costs incurred when a patient sues a nurse or employer (correct)

To establish standards for nurse delegation

To provide medical care to patients

To protect patients from harm

What is the role of a nurse expert in a malpractice case?

To testify about the standards of nursing care as applied to the facts of a case Signup and view all the answers

What is the definition of negligence?

Conduct that falls below the generally accepted standard of care of a reasonably prudent person Signup and view all the answers

What is the standard of proof in a malpractice case?

What a reasonably prudent nurse would do under similar circumstances in the geographical area Signup and view all the answers

What is one way a nurse can reduce their personal legal risk?

By remaining involved in the nursing profession Signup and view all the answers

What is the primary focus of the Nursing Workforce Guidelines?

Staffing and nurse-to-patient ratios, nursing assignments, patient abandonment, nurse delegation, and nursing students Signup and view all the answers

What type of law defines nursing and reflects the values of the nursing profession?

Scope and standards of nursing Signup and view all the answers

Which federal statute requires health insurance companies to provide coverage for mental health and substance use disorder treatment?

Mental Health Parity and Addiction Equity Act Signup and view all the answers

What type of law prohibits the transfer of patients from private to public hospitals without appropriate screening and stabilization?

Emergency Medical Treatment and Active Labor Act Signup and view all the answers

What is the purpose of the Uniform Anatomical Gift Act?

To provide the foundation for the national organ donation system Signup and view all the answers

What is the purpose of nurse practice acts?

To make nurses accountable and assure that care is consistent with best practice within the scope and standards of nursing Signup and view all the answers

What type of law affects individuals, populations, and communities and is intended to improve the health of people?

Public health laws Signup and view all the answers

What is the purpose of the Patient Self-Determination Act?

To provide written information to patients concerning their rights to make decisions about their care Signup and view all the answers

Study Notes

Legal Limits of Nursing

Sources of law: constitutional law, statutory law, administrative law, common law, and case law.
Scope and standards of nursing: define nursing and reflect the values of the nursing profession, and standards of nursing care reflect the knowledge and skill ordinarily possessed and used by nurses.

Federal Statutes Affecting Nursing Practice

Patient Protection and Affordable Care Act (PPACA): consumer rights and protections, affordable health care coverage, increased access to care, and quality of care that meets the needs of patients.
Emergency Medical Treatment and Active Labor Act: prohibits the transfer of patients from private to public hospitals without appropriate screening and stabilization.
Health Insurance Portability and Accountability Act (HIPAA): provides rights to patients and protects employees.
Health Information Technology Act: ensures protected health information (PHI) is protected.
Americans with Disabilities Act (ADA): protects the rights of people with physical or mental disabilities.
Mental Health Parity and Addiction Equity Act: requires health insurance companies to provide coverage for mental health and substance use disorder (SUD) treatment.
Patient Self-Determination Act: requires health care institutions to provide written information to patients concerning their rights to make decisions about their care, including the right to refuse treatment and to formulate an advance directive.
Uniform Anatomical Gift Act: provides the foundation for the national organ donation system.
The Omnibus Budget Reconciliation Act (1986): altered the way in which health care is provided to older adults.

State Statutes Affecting Nursing Practice

Nurse practice acts: state laws intended to protect citizens, make nurses accountable, and assure that care is consistent with best practice within the scope and standards of nursing.
Licensure: nurse licensure compact.
Health care acts and informed consent: patients receive an explanation of the procedure, names and qualifications of people performing and assisting in the procedure, description of serious harm that may occur, and the right to refuse the procedure or treatment without discontinuing other supportive care.
Good Samaritan laws: limit liability and offer legal immunity if a nurse helps at the scene of an accident.
Public health laws: laws affect individuals, populations, and communities, and are intended to improve the health of people.
Termination of pregnancy: laws vary by state, and nurses should know the law in their state related to termination of pregnancy before working in this area of practice.
Physician-assisted suicide: laws vary by state, and nurses should know their state's laws and ensure that their practice falls within the laws' requirements.
The Uniform Determination of Death Act: determines actual death.

Nursing Workforce Guidelines

Staffing and nurse-to-patient ratios: ensure adequate staffing and patient care.
Nursing assignments: ensure appropriate delegation of tasks.
Patient abandonment: nurses should not abandon patients without proper transfer of care.
Nurse delegation: ensure that tasks are delegated to competent personnel.
Nursing students: ensure students are properly supervised and assigned tasks.

Legal Implications and Reducing Your Legal Risks

Torts: civil wrongful acts or omissions of care made against a person or property.
Quasi-intentional torts: acts in which a person may not intend to cause harm to another but does.
Unintentional torts: arise when a person is harmed and the person inflicting the harm knew, or should have known, that these actions were less than the accepted scope and standard of practice.
Negligence: conduct that falls below the generally accepted standard of care of a reasonably prudent person.
Malpractice: a type of negligence, the person being held liable for malpractice must be a professional.
Standard of proof: what a reasonably prudent nurse would do under similar circumstances in the geographical area in which the alleged breach occurred.
Malpractice insurance: contract between an insurance company and a nurse or employer that is intended to cover costs incurred when a patient sues the employer and/or the nurse.
Nurse experts: testify about the standards of nursing care as applied to the facts of a case.
Reducing legal risks: remain involved in the nursing profession, implement actions in your own practice, develop and use clinical judgment, remain aware of current issues in healthcare, and become involved in professional organizations and committees that define the standards of care for nursing practice.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the legal implications in nursing practice, including sources of law, civil law, criminal law, administrative law, common law, and case law.