Legal - Transitions

  1. What are criminal actions?
    what are the 2 types?
    • when a person has done something that is considered harmful to society as a whole
    • felony and misdemeanor
  2. what is felony?
    seriuos crime that can cause a person to be imprisoned
  3. what is a misdemeanor?
    less seriuos crime
  4. what are civil actions?
    actions that concern private interests and rights between the individuals involves in the case
  5. Requirements to get a nursing license
    • high school education
    • completition of nursing program
    • application to national and state agencies
    • fee payment
    • not beign a felon
    • pass the national exam
  6. What is describe in the nurse practice act? (8)
    • 1. how to get a license and practice in the state
    • 2. how and when to renew license
    • 3. educational requirements to enter practice
    • 4. definitions of scope of practice for each level of nursing
    • 5. how members of the BON are selected and the categories
    • 6. identify situations that are grounds for discipline (revoke or suspend license)
    • 7. identify disciplinary actions
    • 8. the appeal steps
  7. What is NURSYS?`
    System that contains data on a nurse's personal information, license info, education, disciplinary action, and historical information
  8. What is the Nationa Pratitioner Data Bank?
    system to identify licensed individuals who had commited malpractice or have licensure problems
  9. What are the basic elements of malpractice?
    • you must have a duty
    • you must have breached that duty
    • your breach of duty must have been a foreseeable cause of the injury
    • damages of injury must have occurred
  10. When is there a professional duty?
    • when a nurse render her services at an institution, like hospital or nursing home
    • there is no duty when a nurse is giving advice to a friend or neighbor in their house
  11. What is Good Samaritan Statue?
    when immunity from malpractice is given to those professionals who attempt to give assistance at the scene of an accident
  12. what is an expert witness?
    an RN usually, who will testify regarding what a reasonable nurse in the same or similar situation would be expected to do; it is very necessary by the plantiff to be able to prove a breach of duty
  13. What does "res ipsa loquitur" means?
    • "the thing speaks for itself">> type of malpractice in which an expert is not required
    • ex: operating on the wrong body part or, leaving a surgical sponge in a client
  14. What are policies and procedures?
    these are stablished by the institution in which the nurse work, and they are the most crucial piece of evidence for stablishing standars of care
  15. The Joint Comission (JTC) and the National Committee of Quality Assurance (NCQA) are two organizations that set standars for health care organizations
    True or False
  16. What are some of the factors that make a claim worthwhile?
    • age of the client: younger
    • nature of the injury: permanent damage, disfigurement, surgery on the wrong limb
    • malicious misconduct: intentional
  17. What is the duty of the nurse when acting as a supervisor?
    • ensure that the task was properly assigned to a competent worker
    • ensure that adequate supervison was provided to the worker if needed
    • ensure that the nurse provide appropriate follow-up and evaluation of delegated task
  18. What are some nursing responsabilities that cannot be delegated to an unlicensed staff?
    nursing diagnosis, assessment, teaching, and some portions of planning, evaluation and documentation
  19. What is statute of limitations?
    • a law that sets a time period after an event during which a lawsuit must be file
    • - for minors, time can be counted from the time they reach majority
    • - time can be measured from the time of the event, or when the event was discovered
  20. What is "assumption of the risk" defense?
    states that the plantiffs are partially responsible for consequences if they understood the risks involved when they proceeded with the action
  21. What is "contributory negligence"?
    older doctrine that was an "all or nothing" rule
  22. In which case does the client can be find negligent and thus be partially responsible?
    • when refusing to follow advice or instructions
    • when causign a delay in treatment of not returning to follow-up
    • giving false, misleading, or incomplete information
    • causing the injury that result in the need of medical care
  23. how to avoid medication errors?
    • record medication administration proerly
    • recognize side effects and contraindications of medication
    • know allergies of the patient
    • bar code technology
    • listen to family or patient, who notice that a medications is new, or there is a change is color or amount
  24. How a nurse can provide a safe environment?
    • know how equipmen works
    • not using equipment that is not functioning correctly
    • removing abvious hazards from environment
    • ** document correctly if an incident occurs
  25. What to do when a client falls?
    • assess client and take immediate action to provide safety
    • notify physician to assess or treat client
    • make sure that client is protected from a second fall
    • notify family
    • document incident
  26. What to document when a client falls?
    • how the fall was discovered and how the client was found
    • nursing assessment, obvious injuries, and nursing actions
    • what the client said in regard to the fall
    • who you notified
    • what is done to the client (examination, restrains)
  27. What are some examples of duties to report by a nurse?
    • unprofessional behavior that could cause harm to the public (drugs and alcohol)
    • evidence of child or adult or elder abuse and neglect
    • certain communicable diseases
    • certain deaths under suspicious circumstances
    • certain types of injuries that could be cuased by violence
    • evidence of Medicare fraud
  28. What are "whistleblower statues"?
    statues that not only protect nurses from retaliation when making a report, but they also may be rewarded
  29. What is an intentional tort?
    civil claims that are closely related to criminal acts in that they involve intent to do wrong
  30. What are some examples of intentional tort?
    • assult and battery
    • false imprisonment
    • defamation - libel (written) or slander (oral)
  31. What does an informed consent include?
    • nature of the proposed care (treatment, meds, procedure)
    • potential benefits, risks, or side effects
    • likelihood of achieving goals of treament
    • reasonable alternatives, including alternative or refusing
  32. what is risk management?
    a process that becomes involved when indicents or untoward events occur that may pose a financial risk or risk of lawsuit to the institution; this will also evaluate how to prevent a recurrence by changing systems to avoid another ocurrence
Card Set
Legal - Transitions
Final Exam