Legal study guide: objectives – Flashcards
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Define and describe the legal and ethical standards of healthcare and how they relate to nursing
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common sources of Law: constitutional, administrative, criminal, civil, common
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Constitutional law
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written as part of a local, state, or federal constitution Ex: protection of right to free speech
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statutory law
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any law enacted by a legislative body ex: creation of Nurse Practice Act
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Administrative law
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empowers agencies to create and enforce rules and regulations Ex: Development of State Board of Nursing
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Criminal law
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"penal codes that protect all citizens from peole who pose a threat to the public good" (fundamentals book) Defines offenses that violate the public welfare Ex: prosecution of violation of provisions of Nurse Practice Act.
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Civil law
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protects civil rights such as freedom from invasion of privacy and freedom from threats of injury. Ex: healthcare client charges nurse with invasion of privacy and violation of confidentiality laws
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Common law
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Decision based on prior similar cases; to stand by things already decided. "refers to litigation that falls outside the realm of constitutional, statutory and administrative law" (fundamentals book)
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Legal responsibilities in Nursing
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F- follow accepted procedures C-consider malpractice insurance A- ask for help B- be competent in your practice G- Good Samaritan Act D (4) - Document, Don't give legal advice, Don't accept gifts, Don't help client w/ Will
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Ethical Standards
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Personal values and beliefs Quality of life
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Personal values and Beliefs
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include about such concepts as life and death, a higher power, who should receive a healthcare and what kind of care, issues such as abortion, and euthanasia. Values are the culmination of heritage, culture, one's family of origin
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Quality of Life
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What point does the healthcare team decide that a person should receive tx or not? how then is the decision made as to who receives lifesaving tx and who does not? healthcare ethics come to play in such decisions.
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False imprisonment
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interference w/ a person's freedom to move about at will without legal authority to do so Ex: if a client wants to leave w/o being medically discharged, client need to sign a form for leaving against medical advice (AMA). If a client refuses to sign the paper nurses cannot stoop client from leaving.
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Invasion of Priavacy
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failure to leave people or their property alone NON-MEDICAL: Trespassing, illegal search, revealing personal info. MEDICAL: photographing without consent, revealing a client name in public report
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Abandonment of care/Negligence
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Harm that results because a person did not act reasonable (carelessly)
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Confidentiality
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Safeguarding a person's health information from public disclosure, is the foundation for trust. Ex: Need clients written permission
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Define and Discuss the purpose of the Nurse Practice Act. Name the components of the Nurse Practice Act
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State board of nursing is an example of administrative agency that enforces administrate law (im watching you wizowski) Each state board of nursing (regulatory agency for managing the provision of a state's nursing practice act) has primary responsibly (carelessly)
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Define the purpose of a Nurse Practice Act Discuss the purpose of a Nurse Practice Act
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Law that defines and regulates the practice of Nursing in the USA *governs the laws responded in your license and the license of other level nursing. *define the title of nursing and regulate the many aspects of the field of nursing *legislative power to initiate, regulate, and enforce provisions of NPA is delegated to a specific state agency often know as the state board of nursing * boards are subject to legal parameters, but usually they have some leeway in interpreting aspects of the NPA * in recent past state board of nursing was responsible for creation of the licensing exam.
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state at least 3 functions of state board nursing
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Example of administrative agency that enforce administrative law. Each state's board of nursing (regulatory agency for managing the provisions of state's nursing practice act) has primary responsibility to protect the public receiving nursing care within the state.
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Functions of Sate of Bard of nursing
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Review and approve nursing ed programs in the state Establish criteria for licensing nurses Overseeing procedures for nurse licensing exam issuing and transferring nursing licenses Investigating allegations against nurses licensed in that state Disciplining nurses who violate legal and ethical standards
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Responsibility of State board of nursing
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suspend/revoke license ; review apps. asking for reciprocity (having met licensing criteria in another state) because having license in one state does not give a person right to automatic license in another. Ex: its their responsibility to take the license and or review applicants of a WA nurse trying to go to MI because you have to apply first.
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Common sense precautions that nurse can take against lawsuits
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F-follow accepted procedures C-consider malpractice insurance A-ask for help B-be competent in your practice D (4)- document, don't give legal advice, don't accept gifts, don't help client make Will.
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State benefits and limitations of Good Samaritan Act
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Pros: "legal immunity" to passerby who provide emergency first aid to victims of accidents Cons: Doesn't provide absolute exemption from prosecution. Healthcare professionals will be held to a higher standard r/t training. Based of the biblical story of the Samaritan who gave aid to a Jew.
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Professional boundaries
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We must always maintain professional boundaries by refraining from inappropriate involvement in client's personal relationships (2 years before just another person), and remaining helpful without taking advantage.
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Power vs. Vulnerability
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You as a nurse have power in positions and access to private client information. Don't exploit this power Ex in class: (Bill) Patrick Sawyze found out he had cancer and one of the nurses went and sold his info to TMZ
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Boundary crossing
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Any questionable behavior should be brief, unintentional and not repeated. Evaluate any such incidents immediately if they occur.
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Boundary violations
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Ex: excessive personal disclosure (release) or asking clients to keep secrets. Such actions can cause clients distress and are inappropriate.
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Professional sexual misconduct
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Ex: seductive, sexually demeaning (humiliating), or harassing behavior are illegal and is a breach of trust. Such misconduct will cause you to get fired (dismissal) from a job.
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Danger Signals of over involvement
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Excessive self-disclosure, defensiveness about the relationship, believing that only you can meet a particular client's needs, spending excessive time with one client, flirting, or overt (obvious) sexual acts.
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Define advance directives
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written statement identifying a competent person's wishes concerning terminal care.
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3 Major types of Advanced Directives
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(1)Living will- legal doc. identifying person's pref. regarding medical interventions to use or not to use in a terminal condition, irreversible coma or vegetative state with no hope of recover. (2)Durable power of attorney- assigning a trusted proxy to make decisions about life care when they can't do it themselves. (3)
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Define the types of people who are vulnerable to deficient or harmful care
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children and some adults mentally incompetent or confused persons people leaving isolation elderly people
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Biological death
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The body is only functioning because the pt is on assisted devices. Brain death is also termed an irreversible coma.
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Clinical death
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The brain is dead. The body is dead. No organs are working.
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Rights of healthcare clients
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Pts have rights (some federal law) they are all there bill of rights : -mental health -hospice patients -certain states -insurance plans for subscribers -American Hospital Association -Healthcare facilities.
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Client/patient responsibilities
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tx healthcare workers/ patients w/ respect try to pay medical bills follow the rules and benefits of their health plan coverage.
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Major Provision of HIPPA legislation
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Portability Medicare Integrity Program/Fraud and Abuse Administrative Simplification
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Overall goal of HIPPA legislation
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Overall goal is TO SECURE PT. RECORDS. All employees must undergo CONFIDENTIALITY TRAINING and sign a confidentially agreement ANNUALLY. There must be EMERGENCY BACKUP IN CASE OF EMERGENCY. internal AUDITS must occur on regular basis and DISCIPLINING action taken against any staff member who VIOLATORS privacy rules. Severe FINANCIAL PENALTIES are levied against the facility who do not follow these rules.
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HIPPA Tittle II Act
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*Regulate who can have access to client info *sets standards for storage and transmission of client info *requires healthcare facilities write policies allowing clients access to their own personal health info (pt. right to correct errors)
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reciprocity
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license based on evidence of having met licensing criteria in another state
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nurse licensure compacts
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agreements between states in which a nurse licensed in one state can practice in another without obtaining additional license
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Telehealth services
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technology that facilitates the transmission of health assessment and monitoring data with audio, video, and internet-based devices contribute to the welfare of home bond elderly or those who live in rural, remote, or undeserved areas for health care.
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misdemeanor
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minor criminal offense (shoplifting) * small fine, and short time incarcerated or both may be levied.
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felony
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serious criminal offense, such as murder, falsifying medical records, insurance fraud, and stealing narcotics. *lengthy prison term or even execution
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plaintiff
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person claiming injury
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defendant
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person charged with violating the law
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tort
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litigation in which one person asserts that a physical, emotional, or financial injury was a consequence of another person's actions or failure to act. (imply that a person breached their duty to another.
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Duty
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expected action based on moral or legal obligation
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intentional torts
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lawsuits in which a plaintiff charges that a defendant committed a deliberately aggressive act.
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Assault
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act in which bodily harm is threatened or attempted
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battery
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unauthorized physical contact
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false imprisonment
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interference w/ a person's freedom to move about at will without legal authority to do so.
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libel
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damaging statements written and read by others
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unintentional torts
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result in an injury although the person responsible did not mean to cause harm
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negligence
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harm that results because a person did not act reasonably
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malpractice
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professional negligence; needing 4 elements (duty, breach of duty, causation, and injury)
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liability insurance
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contract between a person or corporation and company willing to provide legal services and financial assistance when the policyholder is involved in a malpractice lawsuit
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statue of limitations
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designated time within which a person can file a lawsuit (5 years?)
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Risk managemtne
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process of identifying and reducing the cost of anticipated losses
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incident reports
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written account of unusual, potentially injurious event involving a client, employee, or visitor. Must include 5 parts -when -where -who involved -what happened -what was done about it
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anecdotal record
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personal handwritten account of an incident
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ethics
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moral or philosophical principles
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code of ethics
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list of written statements describing ideal behavior
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ethical dilemmas
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choice between two undesirable alternatives
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Teleology aka utilitarianism
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ethical decision making based on final outcomes
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deontologic
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ethical decision making based on duty or moral obligations
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beneficence
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doing good or acting for another benefit
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nonmaleficence
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doing no harm or avoiding an action that deliberately harms a person
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autonomy
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refers to competent person's right to make his or her own choices without intimidation or influence.
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veracity
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duty to be honest and avoid deceiving or misleading a clietn
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fidelity
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failful to work related commitments and obligations
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justice
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mandates that clients be treated impartially with out discrimination according to age, gender, race, religion, socioeconomic status, weight, marital status, or sexual orientation (everyone should have equal distribution of goods and services)
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values
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are a persons most meaningful beliefs and the basis on which he or she makes most decisions about right or wrong.
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truth telling
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proposes that all clients have the right to complete and accurate info
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confidentiality
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safeguarding a person's health info from public disclosure, foundation for trust
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advanced directives
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written stamen ts identifying a competent persons wishes concerning terminal care 2 are living will and durable power of attorney
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living will
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instructive form of an advance directive ; written doc that identifies a persons preferences regarding medical interventions to use or not use in terminally ill
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durable power of attorney
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designates a proxy for making medical decisions when the client becomes so incompetent or incapacitated that he or she can not make decisions independently
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code status
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how health care personnel are required to manage care in the case of cardiac or resp. arrest.
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allocation of scrce resorces
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process of deciding how to distribute limited life-saving equip or procedures among several who could benefit " 2 ways to decide; - who's gonna die first -first come first served
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whistle blowing
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reporting incompetent or unethical practices
