40 Questions
What is the source of law that is derived from federal and state constitutions?
Constitutional law
Which type of law protects the rights of individuals and provides for fair and equitable treatment when civil wrongs or violations occur?
Civil law
What defines a nurse's scope of practice, educational requirements, and licensure process within individual states?
Nurse practice act
Which type of law is derived from statutes passed by the U.S. Congress and state legislatures?
Statutory law
What distinguishes nursing from other health professions, such as medicine, therapists, and alternative medicine providers?
Nurse practice acts
What is the primary purpose of criminal laws?
To protect society and provide punishment for crimes
Under what circumstances is criminal mistreatment classified as a felony offense?
When the patient suffers severe harm
Where does the right to patient confidentiality originate from?
Common law
What does case law describe?
Decisions made in legal cases resolved in courts
What do standards of nursing care reflect?
Best practice guidelines and healthcare laws
What is the purpose of the American Disability Act of 1995?
To protect the rights of the disabled, including clients with HIV
What is the main function of Good Samaritan laws?
To encourage healthcare professionals to assist in emergencies and limit liability
What are the Uniform Anatomical Gift Act of 1987 and HIPAA in 1996 primarily concerned with?
Health insurance portability and accountability
What is the primary role of the Emergency Medical Treatment and Active Labor Act of 1986?
To provide medical screening for all patients arriving at the ER or hospital
What is the purpose of Advanced Directives in 2003?
To provide documentation for someone else to make decisions for you in case you can't
What defines nursing malpractice according to the courts?
Failure to use a degree of skill or learning ordinarily used under the same circumstances
Which area of potential risk is associated with the use of electronic monitoring devices?
Overreliance on electronic monitoring
What is the best way for nurses to avoid malpractice?
Following evidence-based standards of care
Which type of negligence falls below the standard of care according to the text?
Negligence professional negligence
What is required for routine treatment, hazardous procedures, some treatments, and research according to the text?
Signed consent from the patient
What definition of death requires irreversible cessation of circulatory and respiratory functions?
Cardiopulmonary standard
Which organization believes that nurses' participation in assisted suicide violates the code of ethics for nurses?
American Nurses Association (ANA)
What is the term for any intentional offensive touching without consent or lawful justification?
Battery
When is assault considered to have occurred?
When a patient threatens a nurse
What are quasi-intentional torts alleged when a person should have known could occur?
When a person invades another's privacy or defames another's character
What is the legal duty of nurses in relation to public health laws?
To provide care to protect public health and report suspected abuse and neglect
What may happen if a nurse leaves a patient without properly transferring or handing off the patient to a capable person?
They may be liable for patient abandonment and responsible for any injury sustained after leaving
What is the role of the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration (OSHA)?
Provide guidelines on a national level for safe and healthy communities and work environments
What is required of nurses in most states in relation to suspected abuse or neglect of patients?
They are mandated reporters of abuse or neglect when they have reasonable suspicion to believe an individual is at risk of harm
What is described by the Oregon Death With Dignity Act (1994)?
The first statute that defined 'death with dignity' and physician-assisted suicide for individuals with a terminal disease in Oregon
What is the result of the publication of false statements that damage a person's reputation?
Defamation of character
Which type of communication becomes part of the health care record and must be considered confidential?
Electronic communication by e-mail, text, or other devices
What is conduct that falls below the generally accepted standard of care of a reasonably prudent person?
Negligence
What is the term for the release of a patient's health care information to an unauthorized person?
Invasion of privacy
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?
Medication administration error
What is the duty of the physician in relation to informed consent?
To ensure that the client is fully informed about the risks and benefits of the procedure
Who has the right to consent to medical treatment for minors in emergency situations?
Any adult for a minor brother or sister
What does risk management in nursing involve?
Identifying hazards and taking steps to reduce risks
What is a nurse's responsibility when documenting client care?
Documenting care timely, factually, and legibly
Who may consent to medical treatment for an emancipated minor?
Any competent individual 18 years of age or older
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.
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.
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