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Week 11 - NUR 200
Legal Accountability
| Term | Definition |
|---|---|
| What is law | - Rule or code of conduct that guides appropriate actions and defensible decisions of an individual group - Protects society - Establishes acceptable patterns of behaviors - Enforceable by a controlling authority |
| Constitutional Law | - Superior law - All states |
| Statutory Law | - Passed by Congress or legislative body - Nurse Practice Acts (NPA) |
| Administrative Law | - Administrative agencies - Board of nursing to enforce each states NPA (nurse practice act) |
| Common (Judicial) Law | - Made by judges or courts - Based on common custom traditions |
| Federal Law: HIPPA - Health Insurance Portability Accountability Act | - Protects privacy of personal health information - Protects health insurance benefits for workers who lose or change their jobs - Protect coverage to person with preexisting medical conditions - standards to protect privacy of personal health info. |
| Federal Law: Health Information Technology for Economic and Clinical Health Act (HITECH) | - Agencies are required to notify patients of breaches without unreasonable delay and in no more than 60 days - Fines include $250,000- $1.5 million - Willful neglect |
| Federal Law: Emergency Medical Treatment and Labor Act (EMTALA) | - Requires healthcare facilities to provide emergency medical treatment to patients - Regardless of their ability to pay, legal status, or citizenship status |
| Federal Law: Patient Self- Determination Act (PSDA) | - Patient’s rights to make decisions regarding their own healthcare - Must inform patient about: - Available medical or surgical treatment options - Benefits - Risks - Alternatives Advance Directives |
| Federal Law: American With Disabilities Act (ADA) | Protection against discrimination of individuals with disabilities Disability: physical or mental impairment that substantially limits one or more major life activities. reasonable accommodations within the work, educational/health care environments |
| State Law: Mandatory Reporting Laws | Must report: Communicable diseases Physical abuse Sexual abuse Emotional abuse Neglect Does not violate HIPPA Failed reporting can lead to criminal misdemeanor or disciplinary action |
| State Laws: Good Samaritan Laws | Protect from liability those who provide emergency care Differs from state to state |
| State Laws: Nurse Practice Acts (NPAs) | Type of statutory law Passed by each state’s legislative body that define the practice of nursing |
| Other Guidelines for Practice: | Institutional Policies and Procedures American Nurses Association Code of Ethics Patient Care Partnership American Nurses Association Nurse’s Bill or Rights American Nurses Association Standards of Practice |
| Criminal Law: | Crime: violation of law as defined by a legislative body Two Types: Felony Misdemeanor |
| Civil Law: | Often results with guilty party paying monetary damages Contract law: written or oral agreement Tort law Quasi- intentional torts Intentional torts Non-intentional torts |
| Civil Law: Quasi- intentional Torts | Actions that injure a person’s reputation Defamation of character False Made by another person or persons Shame and ridicule Made as statement of fact rather than opinion Libel Slander |
| Civil Law: Intentional Torts | Action take by one person with the intent to harm another Violent, hostile, or cause significant amount of pain or distress Prosecuted under criminal law |
| Types of intentional torts: | Assault vs battery False imprisonment Invasion of privacy Fraud |
| Battery in Nursing | In nursing torts, battery is the touching of a patient, without consent, that causes harm. For example, you administered a medication to a patient after they refused, that would be battery |
| Assault in Nursing | Threatening them verbally or even pretending to physically harm them are both examples of assault that can occur in nursing |
| Unintentional torts | Most common type in health care: Negligence Liability Malpractice |
| Malpractice | Must prove four elements Duty Breach of duty Causation Damages |
| Failure to Assess and Diagnose | Inadequate assessment Failure to analyze data Incorrect identification of patients health problems |
| Failure to plan | Formulate plan of care Individualized Consistent with standards of treatments |
| Failure to Implement a Plan of Care | Failure to perform care or nursing interventions |
| Failure to Evaluate | Failure to observe changes after interventions and treatments Not recognizing significance of the change Not documenting or reporting symptoms to the appropriate person |
| Litigation in Civil Claims | Litigation Pleading and pretrial motions Discovery phase Alternative dispute resolution Trial process Appeal |
| Minimizing Malpractice Risks | Observe standards of practice Use your resources Medication Administration Report and document accurately Obtain informed consent Attend to client safety |
| Minimizing Malpractice Risks Continued. | Maintain client confidentiality + privacy Delegate appropriate Provide education + counseling Accept appr. assignments Participate in cont. education Observe profes. boundaries Observe Mandatory Reporting Regula. legal safeguards for nurses |
Created by:
kaitejules
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