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What is public law?
Deals with an individuals relationship to the state
Constitutional, Administrative, and Criminal
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What is constitutional law?
- set of basic laws that defines and limits the powers of the government
- Nurse maintains rights as an individual
- Constitutional rights, civil rights, state constitution
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What is administrative law?
developed by groups who are appointed to governmental administrative agencies
Ex: Food, Drug & Cosmetic Act, Social Security Act, Nurse Practice Act
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What are some Federal Statutory issues in nursing practice?
- Americans with Disabilities Act (ADA)
- Emergency Medical Treatment and Active Labor Act (EMTALA or more commonly known as the Patient Dumping Act)
- Mental Health Parity Act (MHPA)
- Uniform Anatomical Gift Act
- Living Wills, Durable POA
- Advance Directives
- Health Insurance Portability and Accountability Act (HIPPA)
- Restraints
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What are some State Statutory issues in Nursing Practice?
- Licensure
- Good Samaritan law
- Public Health Laws (OSHA, CDC)
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What is criminal law?
Acts or offenses against the welfare or safety of the public
Controlled Substance Act; Criminal Codes
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What is civil law?
- Deals with crimes against a person or person in such legal matter as:
- Contracts
- Torts
- Protective Reporting Law
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What are the sources of legal guidelines?
- *They are state regulated
- Statutory Law: (Nurse Practice Acts)
- -Criminal Law (felonies or midemeanors)
- -Civil Law
- Regulatory Law: (administrative law)
- Common Law: (judicial system)
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What are the standards of care and where do they come from?
- They are legal guidelines for defining nursing practice and identifying the minimum acceptable nursing care
- Best known comes from the ANA
- Set by every state
- Set by state and federal laws that govern where nurses work
- The Joint Commission requires policies and procedures (P&P)
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What is Tort Law?
- the enforcement of duties and rights
- crime against a person or property (Damages)
- Someone always get paid
ex: nurse whose practice fell below standards
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What are unintentional torts?
- Accidental Overdose of Meds
- Falls
- Emersion Burns
- Omission in Documentation
- Failure to assess abnormal findings and report
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What are examples of Tort Laws?
- Negligence & Malpractice
- Assault & Battery
- False Imprisonment
- Restraints or seclusion
- Invasion of Privacy
- Defamation
- Fraud
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What is negligence?
- -A breach of duty
- -the failure of an individual to provide care that a reasonable nurse would ordinarily use in a similar circumstance
- -defendant is the person being sued
- -plaintiff is the party who initiates the lawsuit that seeks damages
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What is liability?
an obligation one has incurred or might incur thru any act or failure to act
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What is Malpractice?
- refers to the behavior of a professional persons wrongful conduct, improper discharge of professional duties, or failure to meet the standards of acceptable care which result in harm to another person
- -a specific type of negligence
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How do you prove negligence?
- 1. The Nurse owed a duty to the client
- 2. The nurse did not carry out the duty or breached it
- 3. The client was injured
- 4. The client's injury was caused by the nurse's failure to carry out that duty (hardest to prove)
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What are the four D's of negligence?
- Duty
- Derelection of duty
- Direct Cause
- Damages
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What are some common negligent acts?
- failure to assess and/or monitor; including making a nursing diagnosis
- failure to notify the hcp of problems
- failure to follow orders
- failure to follow the six rights of medication administration
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What is the difference between assault and battery?
- assault: the intentional creation of reasonable apprehension of a battery without actually touching (threatening leading to fear)
- Battery: touching of another person without the person's consent
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What are the two forms of defamation and what is the key?
- Libel: written
- Slander: verbal
* must effect a person's ability to work/make $
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What is a nurse's responsibility for written consent?
- Does the client need more clarification?
- Witness the signature
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What is the legal role of a nurse?
Provider of service; ensures that client receives competent, safe, and holistic care
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What acts can cause revocation of your RN license?
- 1. Deceptive Practice/Fraud
- 2. Criminal acts
- 3. Previous action by another state board
- 4. Negligence
- 5. Physical/mental impairment such as addiction
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What if you make an error requiring an occurrence report?
File the report but DO NOT record it in the patient's record!
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