Nursing Legality Lecture
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Questions and Answers

Which type of law typically governs issues in healthcare?

  • Criminal Law (correct)
  • Civil Law (correct)
  • Public Law
  • International Law

    • A misdemeanor is punishable by imprisonment for more than one year.

    False

    What is the act of negligence in healthcare?

    Performing an act that a person under similar circumstances would not do or failing to perform an act that a person under similar circumstances would do.

    ____ is the act of misrepresentation of one's professional qualifications.

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

    Match the following torts to their descriptions:

    <p>Assault = Threatening a patient without touching them Battery = Actually inflicting physical harm on a patient Negligence = Failing to provide the standard of care Malpractice = Negligence by a healthcare professional</p> Signup and view all the answers

    What is the primary purpose of the Nurse Practice Act?

    <p>To define the legal scope of nursing practice in each state</p> Signup and view all the answers

    The Good Samaritan Act protects healthcare workers only when they are on hospital property.

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

    What legal term describes the leaving of a patient without proper care replacement?

    <p>Patient abandonment</p> Signup and view all the answers

    The ___________ allows patients to refuse care and confirms advanced directives like DNR and living wills.

    <p>Patient Self-Determination Act</p> Signup and view all the answers

    Match the following legal concepts with their definitions:

    <p>Malpractice = Act of negligence causing injury to a patient Breach of duty = Failure to meet care standards Assault = Mental or physical threat without touching Liability Duty = Using due care in patient treatment</p> Signup and view all the answers

    Which law ensures that all patients receive the same level of care regardless of their financial status?

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

    Negligence in healthcare only occurs when a healthcare provider intentionally harms a patient.

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

    What is the significance of the American with Disabilities Act (ADA) in the healthcare context?

    <p>It ensures equal opportunity and prohibits discrimination against individuals with disabilities.</p> Signup and view all the answers

    What is the first step to take when witnessing unsafe behavior in a healthcare setting?

    <p>Stop the unsafe behavior</p> Signup and view all the answers

    Criminal law only includes actions such as murder and theft, not negligence.

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

    What are the four elements required to prove malpractice?

    <p>Duty, Breach of duty, Causation, Damages</p> Signup and view all the answers

    Healthcare issues primarily fall under __________ law.

    <p>private (civil)</p> Signup and view all the answers

    Match the sources of law with their descriptions:

    <p>Constitutional Law = Gives authority and states principles for establishing specific laws Statutory Law = Defines written laws, such as Nurse Practice Acts Administrative Law = Regulates procedures of government agencies Common Law = Established by previous court decisions, such as malpractice</p> Signup and view all the answers

    Which of the following is NOT a step in reporting a crime or unsafe practice?

    <p>Ignore the incident</p> Signup and view all the answers

    Torts in healthcare can only be intentional.

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

    What are the three possible outcomes of malpractice litigation?

    <p>Work towards a settlement, presented to the malpractice arbitration panel, proceed to trial</p> Signup and view all the answers

    Which of the following is considered an intentional tort in healthcare?

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

    A misdemeanor is punishable by imprisonment for one year or less.

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

    What is the term for wrongful acts that cause harm to a patient due to negligence?

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

    _________ refers to the act of improperly exposing a patient or not respecting their privacy.

    <p>Invasion of Privacy</p> Signup and view all the answers

    Match the following types of torts with their examples:

    <p>Assault = Threatening a patient Negligence = Failing to monitor a patient after administering medication Battery = Administering treatment without consent Fraud = Misrepresenting professional credentials</p> Signup and view all the answers

    What does the Nurse Practice Act primarily aim to do?

    <p>Define nursing scope and protect the public</p> Signup and view all the answers

    The Good Samaritan Act only protects healthcare workers in hospital settings.

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

    What is the primary role of the Patient Self-Determination Act?

    <p>Allows patients to refuse care and confirms advanced directives.</p> Signup and view all the answers

    ___ is the act of leaving a patient without appropriate care replacement.

    <p>Patient abandonment</p> Signup and view all the answers

    Match the legal term with its definition:

    <p>Assault = Mental or physical threat without touching Battery = Intentional touching with or without harm Negligence = Failure to perform an act someone under similar circumstances would do Malpractice = Act of negligence resulting in injury or damage</p> Signup and view all the answers

    Which law ensures patients in emergency situations receive care regardless of financial status?

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

    Liability Duty refers to the obligation to provide care with due diligence.

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

    What term is used to describe a minor who can make legal decisions like an adult?

    <p>Emancipated minor</p> Signup and view all the answers

    Which is the correct order to follow when reporting unsafe behavior in a healthcare setting?

    <p>Charge nurse → Unit manager → Supervisor → Higher ups</p> Signup and view all the answers

    All healthcare issues are governed solely by criminal law.

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

    What are the four elements required to prove malpractice?

    <p>Duty, Breach of duty, Causation, Damages</p> Signup and view all the answers

    The __________ Act protects healthcare workers from liability when providing care in emergency situations.

    <p>Good Samaritan</p> Signup and view all the answers

    Match the type of law with the description:

    <p>Public Law = Government is directly involved in the relationship Private (Civil) Law = Regulates individuals' personal rights Criminal Law = Defines actions considered as crimes Administrative Law = Regulates procedures of government agencies</p> Signup and view all the answers

    Which of the following actions can be classified as a tort?

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

    Only intentional actions can lead to a tort in healthcare.

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

    What is the main purpose of the Nurse Practice Act?

    <p>To establish standards of care and define nursing scope of practice.</p> Signup and view all the answers

    What distinguishes a felony from a misdemeanor?

    <p>A felony is punishable by imprisonment for more than 1 year.</p> Signup and view all the answers

    Negligence in healthcare is an intentional act to harm a patient.

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

    What is the term for an action that causes accidental harm to a patient?

    <p>Unintentional tort</p> Signup and view all the answers

    A __________ is the act of physically harming a patient without consent.

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

    Match the following types of torts with their definitions:

    <p>Assault = Threatening to harm a patient without physical contact Negligence = Failure to act as a reasonably competent person would Fraud = Misrepresentation of professional qualifications or conditions False Imprisonment = Unjustified holding of a patient against their will</p> Signup and view all the answers

    What must a nursing student do to legally practice nursing in their state?

    <p>Graduate from an accredited school and pass NCLEX</p> Signup and view all the answers

    The Good Samaritan Act protects healthcare workers when they are providing care in a hospital only.

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

    What legal concept describes the intentional touching of another person without their consent?

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

    The __________ Act allows patients to refuse care.

    <p>Patient Self-Determination</p> Signup and view all the answers

    Match the following nursing laws with their descriptions:

    <p>Nurse Practice Act = Defines nursing scope of practice in each state ADA = Prevents discrimination based on disabilities HIPAA = Maintains patient privacy EMTALA = Ensures care regardless of financial status</p> Signup and view all the answers

    What does the term 'patient abandonment' refer to?

    <p>Leaving a patient without appropriate care replacement</p> Signup and view all the answers

    Negligence implies that healthcare providers must always intend to harm a patient.

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

    To be considered an emancipated minor, a patient must be __________, self-supporting, or married.

    <p>living alone</p> Signup and view all the answers

    What is the first step to take when witnessing unsafe behavior in a healthcare setting?

    <p>Stop the unsafe behavior</p> Signup and view all the answers

    Private (civil) law primarily encompasses healthcare issues.

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

    What are the four elements required to prove liability in malpractice cases?

    <p>Duty, Breach of duty, Causation, Damages</p> Signup and view all the answers

    The __________ law involves the government being directly involved in legal matters.

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

    Match the types of law with their definitions.

    <p>Public Law = Regulates relationship between individual and government Private Law = Covers contracts and personal right issues Criminal Law = Defines criminal actions and protects the public Civil Law = Governs disputes between individuals</p> Signup and view all the answers

    Which agency or person should be first notified in the chain of command when reporting an unsafe practice?

    <p>Charge nurse</p> Signup and view all the answers

    All torts in healthcare must be intentional.

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

    What are the three possible outcomes of malpractice litigation?

    <p>Settlement, Arbitration panel, Court trial</p> Signup and view all the answers

    Study Notes

    Nursing Practice Laws

    • NPA (Nurse Practice Act): Defines the scope of nursing practice in each state.
    • To practice nursing: Nurses must graduate from an accredited program, pass the NCLEX exam, and meet state standards.
    • Standards of nursing care: Must be met to protect patients, ensuring a responsible nurse would act or not act in the same situation.
    • Nursing credentialing: Licensure is required for nurses to practice.
    • Good Samaritan Act: Protects healthcare workers outside the hospital who provide emergency care.
    • Patient Self-Determination Act: Enables patients to refuse medical care and ensures they are informed about advance directives (DNR, living will, POA).
    • HIPAA: Safeguards patient privacy.
    • ADA (American with Disabilities Act): Prohibits discrimination and ensures equal opportunity for individuals with disabilities.
    • EMTALA (Emergency Medical Treatment & Active Labor law): Mandates equal care for all individuals, regardless of financial status.
    • Nursing Home Reform Act: Safeguards long-term care patients' rights, ensuring freedom from restraints or chemical punishment for behavior management.
    • Patient Abandonment: Leaving a patient without proper care or replacement, resulting in wrongful termination of care.
    • Assault: Mental or physical threat without touching, like forcing treatment without consent.
    • Battery: Intentional touching, with or without intent to harm, such as administering refused treatment.
    • Emancipated Minor: An individual under 18 deemed legally capable of making their own decisions, often due to circumstances like parental consent, self-sufficiency, military service, or marriage.
    • Liability Duty: The obligation to exercise due care.
    • Breach of Duty: Failing to meet the standards of care.
    • Causation: The proven link between failing to meet care standards and the resulting injury.
    • Damages: The actual harm or injury suffered.
    • Malpractice: An act of negligence resulting in damage, injury, or loss. It involves failing to follow standards, use equipment correctly, conduct thorough assessment and monitoring, communicate effectively, document appropriately, and advocate for the patient's needs.
    • Negligence: Performing an act a reasonable individual would not do in similar circumstances, or failing to perform an act a reasonable individual would do.

    Reporting Crimes/Torts/Unsafe Practice

    • Steps:
      • Stop the unsafe behavior.
      • Follow the chain of command: Charge nurse → Unit manager → Supervisor → Higher ups.
      • Follow hospital policies and protocols.
      • Report to the direct supervisor, ensure follow-up, and complete an incident report.

    Types of Law

    • Public Law: Regulates relationships between individuals and the government.
    • Private (Civil) Law: Focuses on contracts and individuals' personal rights, including most healthcare issues.
    • Criminal Law: Defines criminal actions and protects the public.
      • Misdemeanor: Punishable by fines or less than 1 year of imprisonment.
      • Felony: Punishable by imprisonment for more than 1 year.
      • Tort: A wrong committed by one person against another, resulting in harm, tried in a civil court (private law).
        • Intentional Torts: Delibirate harm to a patient.
        • Unintentional Torts: Accidental harm to a patient.

    Intentional & Unintentional Torts

    • Intentional Torts:*

    • Assault: Forcing a patient without touching, like threatening to withhold medication.

    • Battery: Physical touch or administering treatment without consent.

    • Invasion of Privacy: False imprisonment (restraints) or inappropriate exposure of a patient.

    • Fraud: Misrepresentation, such as claiming licensure without possessing it.

    • False Imprisonment: Using all four bed rails unnecessarily or using restraints inappropriately.

    • Defamation of Character: Discussing a patient inappropriately in a manner that could negatively impact their treatment.

    • Unintentional Torts:*

    • Negligence: Performing an action a reasonable individual would not do, or failing to act when a reasonable individual would.

    • Malpractice: An act of negligence resulting in harm.

    Proving Liability - Four Elements

    • Duty: The nurse's responsibility to the patient, acting as a reasonably prudent nurse.
    • Breach of Duty: Failure to act appropriately or meet the standard of care.
    • Causation: Proven link between the failure to meet standards and the resulting injury.
    • Damages: The injury resulting in harm or prolonged hospital stay.

    Malpractice Litigation Outcomes

    • Settlement: Parties reach an agreement.
    • Arbitration Panel: Presented to a panel for resolution.
    • Trial: A formal legal proceeding to determine liability.

    Nursing Law

    • Nurse Practice Act (NPA): Defines the scope of nursing practice in each state
    • Nursing Licensure: Required to practice nursing, requires graduation from an accredited school, passing the NCLEX-RN, and meeting all state standards
    • Standards of Nursing Care: Protect patients by outlining what a responsible nurse would do or not do in the same situation
    • Good Samaritan Act: Protects healthcare workers providing emergency care outside of the hospital
    • Patient Self-Determination Act: Allows patients to refuse care and educates them about advanced directives (DNR, living will, POA)
    • Health Insurance Portability and Accountability Act (HIPAA): Maintains patient privacy
    • Americans with Disabilities Act (ADA): Promotes equal opportunity for people with disabilities
    • Emergency Medical Treatment & Active Labor Act (EMTALA): Ensures everyone receives the same care regardless of financial status
    • Nursing Home Reform Act: Guarantees long-term patients freedom from restraints or chemical punishment
    • Patient Abandonment: Leaving a patient without proper care or replacement (wrongful termination of care)
    • Assault: A mental or physical threat without touching, such as forcing treatment without consent
    • Battery: Intentional touching with or without intent of harm, such as forcing treatment that was refused
    • Emancipated Minor: Legal decisions for patients under 18 can be made as an adult in certain circumstances, such as:
      • Living independently and self-supporting
      • Being in the military
      • Being married
    • Liability Duty: The nurse has a responsibility to use due care
    • Breach of Duty: Failure to meet the standards of care
    • Causation: Failure to meet the care standard caused an injury (proven by a lawyer)
    • Damages: Actual harm or injury resulting from negligence
    • Malpractice: Act of negligence that results in damage, injury or loss; failure to follow standards of care, use equipment, assess & monitor, communicate, document, or advocate
    • Negligence: Performing an action that a reasonable person in similar circumstances would not do or failing to perform an action that a reasonable person in similar circumstances would do

    Reporting Crimes, Torts, or Unsafe Practices

    • Initial action: Stop the unsafe behavior
    • Chain of command: Report to supervisor, unit manager, and potentially higher authorities if needed
    • Documentation: Complete an incident report
    • Policy adherence: Follow hospital protocols and procedures

    Types of Law

    • Public Law: Government is directly involved, regulates the relationship between the individual and the government
    • Private (Civil) Law: Governs contracts, individual/personal rights, and includes most healthcare issues.
    • Criminal Law: Defines criminal actions (murder, theft, manslaughter, criminal negligence, illegal drug possession) and protects the public.

    Intentional Tort

    • Assault: Forcing treatment without touching
    • Battery: Actually touching the patient or administering treatment the patient refused
    • Invasion of Privacy: False imprisonment (restraints), inappropriate exposure of the patient (always ensure curtains are closed and patients are covered)
    • Fraud: Misrepresentation (claiming to be licensed when not)
    • False Imprisonment: Restraining a patient without medical need
    • Defamation of Character: Inappropriate negative discussion about a patient which could negatively impact their care

    Unintentional Tort

    • Negligence: Performing an act that a reasonable person under similar circumstances would not do, or failing to perform an act that a reasonable person under similar circumstances would do.

    Malpractice Litigation

    • Possible outcomes:
      • Settlement agreement
      • Presentation to a malpractice arbitration panel
      • Trial in a court of law

    Proving Liability

    • Elements of malpractice/professional negligence:
      • Duty: The nurse's responsibility to the patient, based on what a reasonable prudent nurse would do
      • Breach of Duty: Failure to act appropriately, failure to meet the standards of care
      • Causation: Failure to meet care standards caused injury (proved by a lawyer)
      • Damages: Injury results in extended hospital stays (physical or mental harm)

    Sources of Law that Impact Nursing

    • Constitutional Law: Establishes principles for specific laws
    • Statutory Law: Written laws, such as Nurse Practice Acts
    • Administrative Law: Regulates procedures of government agencies
    • Common Law: Established by previous court decisions, such as malpractice law

    Nursing Law and Practice

    • Nursing Practice Acts (NPAs) define the scope of nursing practice in each state.
    • To practice nursing, nurses must graduate from an accredited school, pass the NCLEX, and meet all state standards.
    • Standards of nursing care are crucial to protect patients and determine what a responsible nurse would do in a given situation.
    • Nursing Credentialing includes licensure, which is required to practice.

    Key Laws Affecting Nursing

    • The Good Samaritan Act protects healthcare workers outside the hospital who provide emergency care.
    • The Patient Self-Determination Act allows patients to refuse care and requires healthcare facilities to educate patients about their rights to make decisions about their medical care.
    • HIPAA mandates patient privacy.
    • The Americans with Disabilities Act (ADA) prohibits discrimination and ensures equal opportunities for people with disabilities.
    • The Emergency Medical Treatment and Active Labor Act (EMTALA) requires hospitals to provide care to all patients regardless of their financial status.
    • The Nursing Home Reform Act protects the rights of long-term care patients, including the right to be free from restraints or chemical punishments.
    • Patient Abandonment: Leaving a patient without providing for appropriate replacement care.
    • Assault: A mental or physical threat without touching, including forcing treatment without the patient's consent.
    • Battery: Intentional touching of a patient without their consent, even if the intent is not to harm. Examples include forcing a refused treatment or administering medication against their will.
    • Emancipated Minor: A person under 18 who is legally considered an adult due to certain circumstances, such as marriage, military service, or independent living.
    • Liability: Legal responsibility for an act or omission.
    • Duty: The obligation to provide appropriate care according to established standards.
    • Breach of Duty: Failure to meet the standards of care.
    • Causation: The link between the breach of duty and the patient's injury.
    • Damages: The actual harm or injury experienced by the patient.
    • Malpractice: Professional negligence resulting in damage or injury to a patient. This includes failures to follow standards, use equipment properly, assess and monitor patients, communicate effectively, document appropriately, and advocate for the patient.
    • Negligence: Failing to perform an action that a reasonable, prudent nurse would have performed in a similar situation or performing an action that a reasonable, prudent nurse would not have performed.

    Types of Law

    • Public Law: Involves the government; regulates the relationship between individuals and the government.
    • Private (Civil Law): Deals with contracts, individual rights, and personal relationships. It most heavily impacts healthcare.
    • Criminal Law: Focuses on criminal offenses like murder, theft, and manslaughter. It protects the public.

    Reporting Crimes, Torts, and Unsafe Practices

    • Stop the unsafe behavior immediately.
    • Follow the chain of command: from charge nurse to unit manager, supervisor, and higher-ups.
    • Utilize hospital policies and protocols.
    • Report to the direct supervisor, follow up, and complete an incident report.

    Malpractice/Professional Negligence

    • Four key elements must be proven to establish malpractice:
      • Duty: The nurse has an obligation to the patient.
      • Breach of Duty: The nurse failed to act appropriately or meet the established standard of care.
      • Causation: The nurse's breach of duty directly caused the injury.
      • Damages: The patient experienced harm or injury as a result of the breach of duty.

    Malpractice Litigation

    • Malpractice cases can have several outcomes:
      • Settlement between parties.
      • Case presented to a malpractice arbitration panel.
      • Trial in a court of law.

    Remember:

    • While it is crucial to understand the different types of law and their implications for nursing, nurses are often primarily concerned with civil law and criminal law.
    • Nurses need to be aware of the four elements of malpractice to protect themselves from liability.

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