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nursing leadership23
legal aspects of health care
Question | Answer |
---|---|
__________ is a law that affects the relationship between individuals. | civil law |
__________ is a law that specifies the relationship between citizens and the state. | public law |
a ________ is a set of basic laws that specifies the powers of the various segments of the government and how these segments relate to each other. | constitution |
the ________ branch of the government draft the rules that implement the law. | administrative |
the _______ branch of the government enact the laws | legislative |
the ________ branch of the government may set a precedent that is used by other courts and, over time, has the force of law. | judicial |
_______ consists of constitutional law, criminal law, and administrative law and defines a citizen's relationship with government | public law |
_____ focuses on the actions of individuals that can intentionally do harm to others | criminal law |
what are the 3 aspects of criminal law affecting nursing practice? | 1.report unexplained or suspicious injuries to kid/elderly 2.criminal background check 3.prohibition against substance abuse. |
______ deals with protection of the rights of citizens. | administrative law |
What is the Civil Rights act of 1964? | prohibits many forms of discrimination in the workplace |
what does HIPAA protect? | private medical information |
what is an example of a state's administrative law | nurse practice act |
under nurse practice acts, state boards can | 1.define practice of nursing w/in certain broad parameters specified by the legislature 2.mandate the requisite preparations for the practice of nursing 3. discipline members who deviate from the rules governing the practice |
________ governs how individuals relate to each other in everyday matters | civil law |
________ regulates certain transactions between individuals and/or legal entities such as businesses | contract law |
an agreement must contain | 1.agreement between 2 or more legally competent people stating what each must/not do 2.mutual understanding of the terms 3.payment or consideration for actions taken/not |
the terms of the contract may be | oral or written |
a written contract my not be legally modifies by | an oral agreement |
in an ______ contract, the terms of the contract are specified, usually in writing | expressed |
in an ______ contract, a relationship between parties is recognized, although the terms of the agreement are not clearly defined | implied |
_______ is a civil wrong for which remedy may be obtained | tort |
a tort can be _______ or _________ | unintentional or intentional |
an unintentional tort occurs in a | malpractice or negligence |
an intention tort occurs in | assault or battery |
threat to touch another person in an offensive manner without that person's permission | assault |
touching of another person without that person's consent | battery |
all patients have the right to privacy and may bring charged against any person who violates this right | invasion of privacy |
this occurs when individuals are physically prevented, or incorrectly led to believe they are prevented, from leaving a place | false imprisonment |
intentionally false communication or publication, including written or verbal remarks that may cause the loss of a person's reputation | defamation |
_________ refers to a professional's wrongful conduct in the discharge of his or her professional duties or failure to meet standards of care for the profession, which results in harm to another individual entrusted to the professional's care | malpractice |
______ is the failure to provide the care a reasonable person would ordinarily provide in a similar situation | negligence |
proof of liability or fault requires | 1.duty or obligation due to the patient 2.breach of duty 3. harm 4. proof that the breach of duty caused harm |
when a nurse is listed as a party in a malpractice lawsuit, the nurse's liability is determined by | state laws like nurse practice acts |
the __________ describe the performance expected of nurses in its employ | institution's policies and procedures |
if the nurse deviates from the policies and procedures, they can be liable for | negligence or malpractice |
_______ is the threat to touch another in an offensive manner without that person's permission | assault |
_______ is the touching of another person without that person's consent | battery |
in health care, complaints of assault and battery usually pertain to | whether the individual consented to the treatment administered by the health care professional |
with informed consent laws, the patient has the right to | receive sufficient information to make an informed decision about whether to consent or to refuse a procedure. |
the individual performing the procedure has the responsibility of | explaining to the patient the nature of the procedure, benefits, alternatives, and the risks and complications |
when you witness a patient's signature, you are vouching for what 2 things? | the patient signed the paper and that the patient knows he is signing a consent form |
what are the requirements for a consent for to be legal? | patient must be 18, mentally competent, have the procedures with their risks and benefits explained in a manner they can understand, be aware of the available alternatives to the proposed treatment, and consent voluntarily |
a nurse may also face a charge of battery for | failing to honor an advance directive |
a __________ is a written advance directive voluntarily signed by the patient that specifies the type of care she desires if and when she is in a terminal state and cannot sign a consent form or convey this info verbally | living will |
DNR stands for | do not resuscitate |
a DNR is considered a medical decision that the _______ can make | practitioner |
_____ occurs when individuals are incorrectly led to believe they can't leave a place | false imprisonment |
_______is a legal document executed by an individual granting another person the right to perform certain activities in the principle's name | Power of Attorney |
does a POA take away the individual's right to exercise his own choices? | no |
a claim of false imprisonment may be based on the inappropriate use of | chemical and physical restraints |
occurs when a health care practitioner fails to protect a patient's personal info | invasion of privacy |
______ have been enacted to protect the health care professional from legal liability | good samaritan laws |
good samaritan laws are for ______ situations | emergency |
the good samaritan laws are intended to protect | the volunteer who stops to render care at the scene of an accident |
the nurse must communicate accurately and completely both _____ and in _______ | verbally and in writing |
what does the FLAT acronym stand for? | factual legible accurate timely |
_______ is designed to identify and correct system problems that contribute to errors in patient care or employee injury | risk management |
what is the emphasis of risk management | quality improvement and protection of the institution from financial liability |
nurses may need to carry their own | malpractice insurance |