Fundamentals of Nursing: Chapter 23 – Legal Implications in Nursing Practice – Flashcards
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Standards of Care
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legal requirements for nursing practice that describe minimum acceptable nursing care
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Civil law
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Rights of individuals in society
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Patient Protection and Affordable Care Act (PPACA)
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Consumer rights and protections Affordable health care coverage Increased access to care Stronger Medicare to improve care for those most vulnerable in our society
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Americans with Disabilities Act (ADA)
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Protects rights of people with physical or mental disabilities
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Emergency Medical Treatment and Active Labor Act
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patient comes into the emergency department or hospital so appropriate medical screening must be done to hospital's full extent
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Mental Health Parity Act
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Forbid health plans from imposing lifetime/annual limits on mental health coverage that are less generous than those placed on medical/surgical benefits
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Advance directives
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Living wills Health care proxies or durable power of attorney for health care
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Durable Power of Attorney for Healthcare
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a legal document that designates a person/person's one chooses to make legal decisions for them when they are no longer able to.
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Uniform Anatomical Gift Act
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Organ donation
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Health Insurance and Portability Act and Accountability
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Represents rights to patients Protects employees Protects people from losing insurance when changing jobs
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Health Information Tech Act
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HITECH
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Restraints
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Give residents the right to be free from uneccesary restraint Federal Nursing Home Reform Act
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Licensure
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NCLEX exam to acquire license, suspend or revoke if nursing legal guidelines are broken
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Good Samaritan Laws
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If nurse witnesses accident they should assist in emergency Only should provide care in your experience
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Public Health Laws CDC
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Centers for disease control and prevention: promote health, reduce risks
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Occupational Health and Safety Act (OHSA)
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guidelines for safe and healthy communities and work environments
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Uniform Determination of Death Act
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2 standards to determine: Cessation of circulatory and respiratory functions irreversible cessation of brain
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Autopsy
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Post mortem exam under suspicious circumstances and consent of patient, parent, child or durable power of attorney
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Tort
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civil wrong made against person or property
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Death with Dignity or Physician-assisted suicide
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competent individual with terminal illness can make request to end their life in a humane way through use of medication
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ANA (American Nurses Association) stance on physician-assisted suicide
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nurses participation violates nurses code of ethics
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The American Association of Colleges of Nursing (AACN) stance on physician-assisted suicide
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Supports the International Council of Nurses' mandate to ensure an individual's peaceful end of life
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Intentional Tort
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Violate another's rights-- intentionally civil wrong *Assault- can be verbal *Battery- physical touching with no consent, hitting *False imprisonment: unjustified restraint
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Quasi-intentional Tort
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Invasion of privacy Defamation of character - Slander and Libel
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Unintentional Torts
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Negligence and Malpractice
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Consent
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Must be signed
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Informed consent
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Agreement to allow care based on full disclosure of risks, benefits, alternatives and consequences of refusal Need nurses signature as witness to consent, means patient voluntarily gave consent Patient signature authentic and they are competent
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Malpractice Insurance
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Contract between nurse and insurance company Provides defense when nurse is in a lawsuit of negligence or malpractice Nurse covered by institution's insurance when working
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Short Staffing
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Legal problems occur if inadequate number of nurses provide care
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Floating
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based on census load and patient acuities
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Health care providers' order
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Nurses follow orders unless they believe an order is given in error or is harmful
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Risk management and quality assurance
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System of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs
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Steps of risk management and quality assurance
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Identify possible risks Analyze risks Act to reduce risks Evaluate steps taken
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Tool used in risk management?
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Incidence report/occurence report
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Occurence reporting
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Database for further investigation Alerts risk management to a potential claim situation
