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Legal Implications.

Fundamentals

QuestionAnswer
Litigation process of bringing and trying a lawsuit
Plaintiff person bringing suit
Defendant person being accused of a crime
Definition of Law Standard or rule of conduct established and enforced by government.*Designed to protect the rights of the public
Public law government is directly involvedRegulates relationships between individuals and government
Private law civil lawRegulates relationships among people
Criminal law concerns state and federal criminal statutesDefines criminal actions, e.g., murder, theft
Four Sources of Law 1. Constitutions 2. Statutes 3. Administrative law 4. Common law
Constitutions serve as guides to legislative bodies. Indicate how state and federal governments are created. Given authority Principles and provisions for establishing specific law
Statutes enacted by a legislative body. Must be in keeping with both the federal and state constitution Nurse Practice Acts are an example of statutory law
Administrative law empowered by executive officersThe US President, State governors, city mayorsHave the power to make administrative rules and regulations State Boards of Nursing
Common Law Judicial system interprets legislation at the local, state and national levels and makes decisions about enforcement
Nurse Practice Acts Defines the legal scope of nursing practice in that state
Voluntary Standards *Voluntary standards are developed and implemented by the nursing profession itself.ANA Standards of Practice
Legal Standards Legal standards developed by the legislature and implemented by authority granted by the state to determine *Minimum standards for education of nurses *Sets requirements for licensure *Decides when a nurses license may be suspended/revoked
Credentialing Ways in which professional competence is ensured/maintained *Accreditation *Licensure *Certification
Accreditation: Of educational programs that ensures educational programs have met certain standards. *Legal Accreditation- State BON Voluntary Accreditation- Nat’l League for Nursing Accrediting CommissionAmerican Association of Colleges of Nursing
Licensure State determines an individual has met minimum requirements to practice and grants a license National Council Licensure Exam (NCLEX)
Certification: Person has met certain criteria established by a non-governmental association in a specialized practice area American Association Colleges of Nursing (AACN) Med-Surg Nursing
Reasons for Suspending or Revoking a License *Drug or alcohol abuse*Fraud, deceptive practice*Criminal acts, previous disciplinary actions*Gross or ordinary negligence*Physical or mental impairments
Due Cause for Revoking a License *Notice of investigation*Fair and impartial hearing*Proper decision based on substantial evidence
Criminal Law: Crime Wrong against a person or his or her property as well as the public*Misdemeanor *Felony
Misdemeanor Punishable by fines or less than one year imprisonment
Felony Punishable by imprisonment for more than one year
Tort A wrong committed by a person against another person or his or her property*Intentional *Unintentional
Intentional *Assault and battery*Defamation of character*Invasion of privacy *False imprisonment*Fraud
Unintentional *Negligence-Performing an act that a reasonably prudent person in a similar situation would not do*Malpractice- negligence by a professional personnel
Intentional: Assult and Batter Threat or an attempt to make bodily contact with another person without the person’s consent* Assault that is carried out Forcibly removing a patient's clothing Administering mediation the patient has refused
Intentional: Invasion of Privacy 4th Amendment ensures the right to privacy All patient information is confidential Health Insurance Portability and Accountability Act (HIPAA)
Intentional: Defamation of Character One party makes derogatory comments about another that diminishes the other party’s reputation
Intentional: False imprisonment Unjustified retention or prevention of movement without proper consent
Intentional: Fraud Unjustified retention or prevention of movement without proper consent
Four Elements of Liability Duty- expectationBreach of duty- fail to do dutyCausation- was there injury as a resultDamages- actual harm
Outcomes of Malpractice Litigation *All parties work toward fair settlement*Case is presented to malpractice arbitration panel*Case is brought to trial court
Roles of Nurses in Legal Proceedings *Nurse as defendant- Works closely with attorney*Nurse as fact witness- Has knowledge of the actual incident*Nurse as expert witness- Educational background; Clinical experience
Professional Liability Insurance *The nurse's best legal safeguard is competent nursing practice*Purchase of personal liability insurance-Protection of the nurse’s best interests-Limitations of employer’s coverage-Care / advice outside of employment
Legal Safeguards for Nurses *Competent practice *Contracts*Collective bargaining*Informed consent*Patient education*Documentation
Elements of Informed Consent *Disclosure*Comprehension*Competence*Voluntariness
Created by: MissNana
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