Fundamentals of Nursing: Chapter 23 – Legal Implications in Nursing Practice

question

Standards of Care
answer

legal requirements for nursing practice that describe minimum acceptable nursing care
question

Civil law
answer

Rights of individuals in society
question

Patient Protection and Affordable Care Act (PPACA)
answer

Consumer rights and protections Affordable health care coverage Increased access to care Stronger Medicare to improve care for those most vulnerable in our society
question

Americans with Disabilities Act (ADA)
answer

Protects rights of people with physical or mental disabilities
question

Emergency Medical Treatment and Active Labor Act
answer

patient comes into the emergency department or hospital so appropriate medical screening must be done to hospital’s full extent
question

Mental Health Parity Act
answer

Forbid health plans from imposing lifetime/annual limits on mental health coverage that are less generous than those placed on medical/surgical benefits
question

Advance directives
answer

Living wills Health care proxies or durable power of attorney for health care
question

Durable Power of Attorney for Healthcare
answer

a legal document that designates a person/person’s one chooses to make legal decisions for them when they are no longer able to.
question

Uniform Anatomical Gift Act
answer

Organ donation
question

Health Insurance and Portability Act and Accountability
answer

Represents rights to patients Protects employees Protects people from losing insurance when changing jobs
question

Health Information Tech Act
answer

HITECH
question

Restraints
answer

Give residents the right to be free from uneccesary restraint Federal Nursing Home Reform Act
question

Licensure
answer

NCLEX exam to acquire license, suspend or revoke if nursing legal guidelines are broken
question

Good Samaritan Laws
answer

If nurse witnesses accident they should assist in emergency Only should provide care in your experience
question

Public Health Laws CDC
answer

Centers for disease control and prevention: promote health, reduce risks
question

Occupational Health and Safety Act (OHSA)
answer

guidelines for safe and healthy communities and work environments
question

Uniform Determination of Death Act
answer

2 standards to determine: Cessation of circulatory and respiratory functions irreversible cessation of brain
question

Autopsy
answer

Post mortem exam under suspicious circumstances and consent of patient, parent, child or durable power of attorney
question

Tort
answer

civil wrong made against person or property
question

Death with Dignity or Physician-assisted suicide
answer

competent individual with terminal illness can make request to end their life in a humane way through use of medication
question

ANA (American Nurses Association) stance on physician-assisted suicide
answer

nurses participation violates nurses code of ethics
question

The American Association of Colleges of Nursing (AACN) stance on physician-assisted suicide
answer

Supports the International Council of Nurses’ mandate to ensure an individual’s peaceful end of life
question

Intentional Tort
answer

Violate another’s rights– intentionally civil wrong *Assault- can be verbal *Battery- physical touching with no consent, hitting *False imprisonment: unjustified restraint
question

Quasi-intentional Tort
answer

Invasion of privacy Defamation of character – Slander and Libel
question

Unintentional Torts
answer

Negligence and Malpractice
question

Consent
answer

Must be signed
question

Informed consent
answer

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
question

Malpractice Insurance
answer

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
question

Short Staffing
answer

Legal problems occur if inadequate number of nurses provide care
question

Floating
answer

based on census load and patient acuities
question

Health care providers’ order
answer

Nurses follow orders unless they believe an order is given in error or is harmful
question

Risk management and quality assurance
answer

System of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs
question

Steps of risk management and quality assurance
answer

Identify possible risks Analyze risks Act to reduce risks Evaluate steps taken
question

Tool used in risk management?
answer

Incidence report/occurence report
question

Occurence reporting
answer

Database for further investigation Alerts risk management to a potential claim situation

Get instant access to
all materials

Become a Member