Legal Implications Nursing

Describes and defines legal boundaries of nursing practice w/in each state?

Also called "administratice law" reflects decisions made by administrative bodies such as STate Boards of Nursing when they pass rules and regulations/

Results from judicial decisions made in courts when individual legal cases are decided (e.g., a client's right to refuse treatment) is called?

Statuatory law that prevents harm done to society and provides punishment for crimes? There are two types?

A crime of a serious nature that has a penalty of imprisonment for greater than 1 year or even death?

What is a felony?

A less serous crime that has a punishment of penalty of a fine or imprisonment for less than one year is called a?

What is a misdemeanor?

These laws protect individuals in our society and encourage fair and equitable treatment among people. Damages for these laws involve the payment of money?

These are legal guidelines for nursing practice and provide the minimum acceptable nursing care? Thes reflect the values and priorities of the profession?

This federad statutory issues in nursing practice protects the rights of disabled people including clients infected with HIV?

This federad statutory issues in nursing practice provides that when a client comes to the emergency department or the hospital, and appropriate medical screening occurs within the hospital’s capacity. If an emergency situation exists, the hospital cannot discharge the client until his condition stabilizes is called?

This federad statutory issues in nursing practice 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?

This advance directive requires health care institutions to provide written information to clients concerning the clients’ rights under state law to make decisions, including the right to refuse treatment and formulate advance directives. Clients’ record must contain documentation whether the client has signed an advance directive?

This advance directive is a written documents that direct treatment in accordance with a client’s wishes in the event of a terminal illness or condition. The client is able to declare which medical procedures he or she wants or does not want when terminally ill or in a persistent vegetative state. If health care workers follow the terms of the living will, they are usually immune from liability?

This advance directive is a legal document that designates a person or persons of one’s choosing to make health care decisions when the client is no longer able to make health care decisions on his or her own behalf. This individual makes decisions based on client’s wishes; also upholds the right of a legally competent client to refuse medical treatment for religious reasons?

This advance directive literally means "do not resucitate" or "no-code", this order was first developed in 1976 and marks and important change in health care because it was the first order to withhold treatement instead of deliver treatment?

Can CPR be performed without consent? What about if client has DNR?

Expalin HIPPA?

A standard regarding accountability in a health care setting. Rules that create client rights to consent to use and disclose protected health information, to inspect and copy one’s medical record and to amend mistaken or incomplete information is called?

Is the right of a client to keep information about themselves from being disclosed?

Is how health care providers treat private information once it has been disclosed to others?

What are the TJC guidelins regarding the use of restraints?

All registered nurses in the state in which they practice are required to be liscensed in order to practice, this is called ______________?

Laws that encourage health care providers to act in emergencies, but limits the nurse against liability and offers legal immunity for nurses who help at the scene of an accident is called?

Statutes under health code, enacted by state legislatures, which describe the reporting laws for communicable diseases, school immunizations and laws intended to promote health and reduce health risks in communities. CDC and OSHA provide guidelines for safe and healthy communities and work environments (national level)?

This act sets forth the two standards for the determination of death? Name these two standards?

This standard to determine death requires irreversible cessation of circulatory and respiratory functions?

This standard requires irreversible cessation of all functions of the entire brain including the brain stem?

A civil wrong made against a person or property? Classification include intentional, quasi-intentional or unintentional?

This intentional tort is any intentional threat to bring about harm or offensive contact. No actual contact is necessary/

This intentional tort is any intentional touching without consent?

If a nurse threatens to give a client an injection this is called an __________; however, if she actually gives the patient the injection just to shut him up, without his consent, this is called _________?

Unjustified restraining of a person without legal warrant. Ex: when nurses restrain a client in a bounded area to keep the person from freedom?

This quasi-intentional tort protects the client's right to be free from unwanted intrusion into his/her private affairs. Name the for types of invasion?

This quasi-intentional tort is a publication of false statment(s) that result in damage to a person's reputation and include: malice, slander, libel?

When a person publishes information knowing that this information is false, yet publishes it anyway is called?

When a person verbalizes the false statement of a client, knowing the information is false yet announces it/states it anyway is called?

When written defamation of character is committed, to include documenting in the client's M.A.R. false information, the nurse is ________ for false information?

Conduct that falls below a standard of care is called?

Examples of negligence include?

One type of negligence, and often referred to as professional negligence, is called?

This is requried for all routine treatement, hazardous procedures like surgery, treatment programs like chemo, and research...if the client is deaf, illiterate, or speaks a foreign language someone/something needs to be found in order for client to give this before ANYTHING can be performed on that client?

This type of consent is a person's agreement to allow something to happen (like surgery or a diagnostic procedure) based on full disclosure of risks, benefits, consequences of refusal?

This consent needs to be obtained and witnessed only when the client is NOT under the influence of medication?

What must a nurse be sure the client understands when providing them with the consent form?

At this point in the pregnancy a women can abort her pregnancy without state regulation?

At this point in the pregnancy the state has an interest in protecting the maternal health, and enforces regulations on the person performing the abortion and abortion facility?

At this stage in the pregnancy the fetus is viable so it is in the state's interest to protect the fetus; the state prohibits abortion except when necessary to save the mother?

When are nursing students liable?

This is professional liablity insurance; is a contract between the nurse and the insurance company and provides a defense for a nurse who is involved in a malpractice lawsuit?

If you are required to care for more clients than reasonable "short staffing" what should you do?

What should you do if you suspect the physician's order is inappropriate?

Ensuring appropriate nursing care by attempt to identify potential hazards and eliminating them before they occur is called?

What is the process of risk management?

Provides a database for further investigation in an attempt to establish deviations from standars of care is called?

Deviations from standards of care include?

What are the legal limits of nursing?

Documentation precautions against suicide is essential in regards to this federal statutory issue in nursing practice?

a. Amer. Disabilities Act
b. Mental Health Parity Act
c. Restraints
d. HIPPA

An example of this law is the duty to report incompetent or unethical nursing conduct to the State Board of Nursing?

1. Common Law
2. Statutory Law
3. Regulatory Law

Examples of this law include informed consent and the client's right to refuse treament; however the nurse more frequently encounters this law involving negligence and malpractice?

1. Common Law
2. Regulatory Law
3. Satutory Law

This law is either civil or criminal_____?

_____ prevents harm to society and provided punishment for crime?

____ protects the rights of individual persons within our society and encourage fair and equitable treatement among people?

What is the nurse practice act?

Patient dumping would not be tolerated unter this Satutory issue in nursing practice?

All individuals, be they disabled or have HIV, will be treated equal according to this Federal staturtory issue in Nursing Practice law?

This acts places forbids health insurance plans from placing lifetime limits on any mental health plan care according to the statutory issues in nursing practice?

Living Wills and Durable Powers of Attorneys are two examples of this statutory issue in nursing practice?

Define each?

A written documentation of care requrested by the HCT, according and based on the wishes of the patient, is calle what kind of advance directive?

A designated individual who is allowed to make medical decisions on behalf of the client, should the client be unable to make their own health-related decisions is what kind of advance directive?

What is the best way for nurses to avoid negligence?

Hanging a wrong IV, not checking a patients wrist band and administering the wrong medication, and/or allowing a CNA to administer medication are all examples of _________ according to Common/Civil Laws?

There are certain criteria that need to be met in order for nursing malpractice to be established - what are these criteria?