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Legal Requirements
Legal Requirements in Nursing
| Question | Answer |
|---|---|
| What is the primary purpose of law and legislation? | To protect patient and nurse |
| What are the 3 types of courts? | Criminal (fatal practice), civil (common malpractice), and administrative (against leaders/government/boards, etc.) |
| How has professional negligence changed? | Used to, it was primarily physicians that were charged. However, now nurses must carry their own liability insurance, especially APN (BSN, MSN, DNPs, etc) |
| What 5 elements must be present for a professional to be held liable for malpratice? | Standard of care, breach of duty, forseeability of harm, correlation between improper care and harm, actual pt injury |
| Respondent superior | "The master is responsible for his servants" -- Employers can be held liable for employees actions, usually in cases where employees were not properly supervised or trained |
| Incident reports | Records of unusual or unexpected incidents, not be put in pt's chart, but kept in confidence |
| Torts, assault and battery | Performing any treatment without pt or written consent, usually in the case of false imprisonment (use of restraints) |
| If it's not documented... | It didn't happen. |
| Patient Self Determination Act | Must provide education to pts in staff concerning treatment and EOL care, involves andvance directives (written instructions) and power of attorney (someone else making decisions when they are unable to) |
| HIPPA | Simplifying recording and coding, protecting pt information |
Created by:
kalensnyder
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