Podcast
Questions and Answers
What is the source of law that is derived from federal and state constitutions?
What is the source of law that is derived from federal and state constitutions?
Which type of law protects the rights of individuals and provides for fair and equitable treatment when civil wrongs or violations occur?
Which type of law protects the rights of individuals and provides for fair and equitable treatment when civil wrongs or violations occur?
What defines a nurse's scope of practice, educational requirements, and licensure process within individual states?
What defines a nurse's scope of practice, educational requirements, and licensure process within individual states?
Which type of law is derived from statutes passed by the U.S. Congress and state legislatures?
Which type of law is derived from statutes passed by the U.S. Congress and state legislatures?
Signup and view all the answers
What distinguishes nursing from other health professions, such as medicine, therapists, and alternative medicine providers?
What distinguishes nursing from other health professions, such as medicine, therapists, and alternative medicine providers?
Signup and view all the answers
What is the primary purpose of criminal laws?
What is the primary purpose of criminal laws?
Signup and view all the answers
Under what circumstances is criminal mistreatment classified as a felony offense?
Under what circumstances is criminal mistreatment classified as a felony offense?
Signup and view all the answers
Where does the right to patient confidentiality originate from?
Where does the right to patient confidentiality originate from?
Signup and view all the answers
What does case law describe?
What does case law describe?
Signup and view all the answers
What do standards of nursing care reflect?
What do standards of nursing care reflect?
Signup and view all the answers
What is the purpose of the American Disability Act of 1995?
What is the purpose of the American Disability Act of 1995?
Signup and view all the answers
What is the main function of Good Samaritan laws?
What is the main function of Good Samaritan laws?
Signup and view all the answers
What are the Uniform Anatomical Gift Act of 1987 and HIPAA in 1996 primarily concerned with?
What are the Uniform Anatomical Gift Act of 1987 and HIPAA in 1996 primarily concerned with?
Signup and view all the answers
What is the primary role of the Emergency Medical Treatment and Active Labor Act of 1986?
What is the primary role of the Emergency Medical Treatment and Active Labor Act of 1986?
Signup and view all the answers
What is the purpose of Advanced Directives in 2003?
What is the purpose of Advanced Directives in 2003?
Signup and view all the answers
What defines nursing malpractice according to the courts?
What defines nursing malpractice according to the courts?
Signup and view all the answers
Which area of potential risk is associated with the use of electronic monitoring devices?
Which area of potential risk is associated with the use of electronic monitoring devices?
Signup and view all the answers
What is the best way for nurses to avoid malpractice?
What is the best way for nurses to avoid malpractice?
Signup and view all the answers
Which type of negligence falls below the standard of care according to the text?
Which type of negligence falls below the standard of care according to the text?
Signup and view all the answers
What is required for routine treatment, hazardous procedures, some treatments, and research according to the text?
What is required for routine treatment, hazardous procedures, some treatments, and research according to the text?
Signup and view all the answers
What definition of death requires irreversible cessation of circulatory and respiratory functions?
What definition of death requires irreversible cessation of circulatory and respiratory functions?
Signup and view all the answers
Which organization believes that nurses' participation in assisted suicide violates the code of ethics for nurses?
Which organization believes that nurses' participation in assisted suicide violates the code of ethics for nurses?
Signup and view all the answers
What is the term for any intentional offensive touching without consent or lawful justification?
What is the term for any intentional offensive touching without consent or lawful justification?
Signup and view all the answers
When is assault considered to have occurred?
When is assault considered to have occurred?
Signup and view all the answers
What are quasi-intentional torts alleged when a person should have known could occur?
What are quasi-intentional torts alleged when a person should have known could occur?
Signup and view all the answers
What is the legal duty of nurses in relation to public health laws?
What is the legal duty of nurses in relation to public health laws?
Signup and view all the answers
What may happen if a nurse leaves a patient without properly transferring or handing off the patient to a capable person?
What may happen if a nurse leaves a patient without properly transferring or handing off the patient to a capable person?
Signup and view all the answers
What is the role of the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA)?
What is the role of the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA)?
Signup and view all the answers
What is required of nurses in most states in relation to suspected abuse or neglect of patients?
What is required of nurses in most states in relation to suspected abuse or neglect of patients?
Signup and view all the answers
What is described by the Oregon Death With Dignity Act (1994)?
What is described by the Oregon Death With Dignity Act (1994)?
Signup and view all the answers
What is the result of the publication of false statements that damage a person's reputation?
What is the result of the publication of false statements that damage a person's reputation?
Signup and view all the answers
Which type of communication becomes part of the health care record and must be considered confidential?
Which type of communication becomes part of the health care record and must be considered confidential?
Signup and view all the answers
What is conduct that falls below the generally accepted standard of care of a reasonably prudent person?
What is conduct that falls below the generally accepted standard of care of a reasonably prudent person?
Signup and view all the answers
What is the term for the release of a patient's health care information to an unauthorized person?
What is the term for the release of a patient's health care information to an unauthorized person?
Signup and view all the answers
What type of error often results in disciplinary action by the State Board of Nursing and a lawsuit for negligence against the nurse and the employer?
What type of error often results in disciplinary action by the State Board of Nursing and a lawsuit for negligence against the nurse and the employer?
Signup and view all the answers
What is the duty of the physician in relation to informed consent?
What is the duty of the physician in relation to informed consent?
Signup and view all the answers
Who has the right to consent to medical treatment for minors in emergency situations?
Who has the right to consent to medical treatment for minors in emergency situations?
Signup and view all the answers
What does risk management in nursing involve?
What does risk management in nursing involve?
Signup and view all the answers
What is a nurse's responsibility when documenting client care?
What is a nurse's responsibility when documenting client care?
Signup and view all the answers
Who may consent to medical treatment for an emancipated minor?
Who may consent to medical treatment for an emancipated minor?
Signup and view all the answers
Study Notes
Sources of Law
- Constitutional law is derived from federal and state constitutions.
- Statutory law is derived from statutes passed by the U.S. Congress and state legislatures.
Nursing Practice
- Nursing scope of practice, educational requirements, and licensure process are defined within individual states.
- Nursing is distinguished from other health professions, such as medicine, therapists, and alternative medicine providers, by its unique focus and approach.
Criminal Law
- Criminal law's primary purpose is to protect individuals and society from harm.
- Criminal mistreatment is classified as a felony offense under certain circumstances.
Patient Rights
- The right to patient confidentiality originates from federal and state laws.
- The primary purpose of informed consent is to ensure patients are aware of treatment options and risks.
Civil Law
- Case law describes judicial decisions and interpretations of laws.
- Standards of nursing care reflect professional norms and expectations.
- The American Disability Act of 1995 aims to promote equal opportunities and access for individuals with disabilities.
Healthcare Laws
- Good Samaritan laws protect healthcare providers from liability when providing emergency care.
- The Uniform Anatomical Gift Act of 1987 and HIPAA (1996) regulate organ donation and patient data privacy, respectively.
- The Emergency Medical Treatment and Active Labor Act of 1986 ensures emergency care for individuals in need.
Nursing Malpractice
- Nursing malpractice is defined by the courts as a breach of duty, leading to harm.
- The best way for nurses to avoid malpractice is to stay updated with standards of care and follow established protocols.
Negligence
- Negligence falls below the standard of care according to the text.
- Quasi-intentional torts are alleged when a person should have known that harm could occur.
Patient Care
- Assault occurs when there is intentional offensive touching without consent or lawful justification.
- Advance Directives (2003) facilitate end-of-life care decision-making.
- Irreversible cessation of circulatory and respiratory functions defines death.
Ethics
- The American Nurses Association believes that nurses' participation in assisted suicide violates the code of ethics for nurses.
- The legal duty of nurses involves reporting suspected abuse or neglect of patients.
Workplace Safety
- The Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA) regulate workplace safety.
- Leaving a patient without proper transfer or handoff to a capable person can result in abandonment.
Confidentiality
- Verbal communication becomes part of the health care record and must be considered confidential.
- The release of a patient's health care information to an unauthorized person is a breach of confidentiality.
Negligence and Documentation
- Conduct that falls below the generally accepted standard of care of a reasonably prudent person is negligence.
- Error in documentation can result in disciplinary action and lawsuits.
Informed Consent
- Physicians are responsible for ensuring informed consent from patients.
- Emancipated minors have the right to consent to medical treatment.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge of nursing malpractice involving failure to correctly check patient identification and administering medication despite documented allergies. Understand the legal definition and implications of nursing malpractice.
