Chapter 23 Test Answers

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The legal guidelines for nursing practice and provide the minimum acceptable nursing care
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Standards of care
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prevent harm to society and provide punishment for crimes
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Criminal laws
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A crime of serious nature that has a penalty of imprisonment for greater that 1 year or even death
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Felony
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Protect the rights of individual persons within our society and encourage fair and equitable treatment
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Civil laws
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Describe and define the legal boundaries of nursing practice within each state
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Nurse Practice Acts
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Judicial decisions made in courts when individual legal cases are decided
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Common Law
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Less serious crime that has a penalty of a fine or imprisonment for less than 1 year
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Misdemeanor
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Reflects decisions made by administrative bodies
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Regulatory law
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Protects the rights of peoples with disabilities. It also is the most extensive law on how employers must treat health care workers and patients infected with HIV.
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Americans With Disabilities Act
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States that when a patient comes to the emergency department or hospital, an appropriate medical screening occurs within the hospital’s capacity. If an emergency exsists, the hospital is not to discharge or transfer the patient until the condition stabilizes.
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Emergency Medical Treatment and Active Labor Act EMTALA
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Forbids health plans from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits.
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Mental Health Parity Act
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Requires health care institutions to provide written information to patients concerning their rights under state law to make decisions, including the right to refuse treatment and formulate advance directives
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Patient Self-Determination Act
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Written documents that direct treatment in accordance with a patient’s wishes in the event of a terminal illness or condition
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Living Wills
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A legal document that designates a person or persons of one’s choosing to make health care decisions when the patient is no longer able to make decisions on his or her own behalf
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Durable Power of Attorney for Health Care
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An individual older than the age of 18 years has the right to make an organ donation; the person needs to make the gift in writing with his or her signature
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Uniform Anatomical Gift Act
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Provides rights to patients and protects employees. It also establishes the basis for privacy and confidentiality
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Health Insurance Portability and Accountability Act of 1996 HIPAA
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The Joint Commission’s specific guidelines for the use of restraints are: 3
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-restraints should be used only to ensure the physical safety of the residents or other residents -should be used only when less restrictive interventions are not successful -should be used only on the written order of a physician, which includes a specific episode with start and end times
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The Board od Nursing licenses all RNs in the state in which they practice and can suspend or revoke a license if a nurse’s conduct violates provisions in the licensing stature based on administrative law rules that implement and enforce the statue
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Licensure
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Encourage health care professionals to assist in emergencies, limit liability, and offer legal immunity for nurses who help at the scene of an accident
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Good Samaritan Laws
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Provide protection of the public’s health, advocating for the rights of people, regulating health care and health care financing, and ensuring professional accountability for the care provided.
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Public Health Laws
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Requires irreversible cessation of circulatory and respiratory functions or that there is irreversible cessation of all functions of the entire brain, including the brain stem
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Uniform Determination Death Act
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Person’s agreement to allow something to happen based on disclosure of risks, benefits, and alternatives
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Informed Consent
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Referred to as professional negligence; below the standard of care
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Malpractice
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When one person speaks falsely about another person
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Slander
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Civil wrong made against a person or property
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Tort
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Any intentional touching without consent
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Battery
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Written defamation of character
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Libel
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Any intentional threat to bring about harmful or offensive contact
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Assault
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Unjustified restraining of a person without legal warrant
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False imprisonment
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The release of a patient’s medical information to an unauthorized person
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Invasion of privacy
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Conduct that falls below the standard of care
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Negligence
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Identify the 4 criteria needed to establish nursing malpractice
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-The nurse (defendant) owed a duty to the patient(plaintiff) -The nurse did not carry out that duty -The patient was injured -The nurse’s failure to carry out the duty caused the injury
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A system of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs
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Risk management
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The scope of nursing practice is legally defined by: 1.State Nurse Practice Acts 2.Professional nursing organizations 3.Hospital policy and procedure manuals 4.Health care providers in the employing institutions
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1.State Nurse Practice Acts
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A student nurse who is employed as a nursing assistant may perform any functions that: 1.Have been learned in school 2.Are expected of a nurse at that level 3.Are identified in the position’s job description 4.Require technical rather than professional skill
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3.Are identified in the position’s job description
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A confused patient who fell out of bed because side rails were not used is an example of which type of liability? 1.Felony 2.Battery 3.Assault 4.Negligence
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4.Negligence
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The nurse puts restraints on a patient without the patient’s permission and without a physician’s order. The nurse may be guilty of: 1.Battery 2.Assault 3.Neglect 4.Invasion of privacy
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1.Battery
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In a situation in which there is insufficient staff to implement competent care, a nurse should: 1.Organize a strike 2.Refuse the assignment 3.Inform the patients of the situation 4.Accept the assignment but make a protest in writing to the administration
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4.Accept the assignment but make a protest in writing to the administration

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