ADVANCED DIRECTIVES

defamation of character: an intentional tort in which one party makes derogatory remarks about another that diminishes the other party's reputation

slander is oral defamation of character; libel is written defamation of character

litigation

process of lawsuit

law

rule of conduct established and enforced by the government of a society

whistle-blowing

term generally used to refer to employees who report their employers' violation of the law to appropriate law enforcement agencies outside the employers' facilities

A patient is admitted to the hospital for surgery and the nurse discovers that the patient has a living will. In addition to placing a copy of the document on the patient's chart, what would be a priority action for the nurse? A. Direct the family to their spiritual advisor to further discuss the living will B. Notify the surgeon on the case that the patient has a living will C. Contact the pharmacy about withholding medications in case of patient compromise D. Inform the patient that the living will must be suspended during surgery

B.Notify the surgeon on the case that the patient has a living will

Which scenario is an example of certification?

A nurse who demonstrates advanced expertise in a content area of nursing through special testing

DNR

Do Not Resuscitate Order is a MOLST / POLST

MOLST

Medical Orders for Life-Sustaining Treatment

malpractice:

act of negligence as applied to a professional person such as a physician, nurse, or dentist

misdemeanor

crime of lesser offense than a felony and punishable by fines, imprisonment (usually for less than 1 year), or both

While riding in the elevator, a nurse discusses the HIV-positive status of a client with other colleagues. The nurse's action reflects:

invasion of privacy.

felony

(1) crime punishable by imprisonment in a state or federal penitentiary for more than 1 year; (2) crime of greater offense than a misdemeanor

Restraints USES AND GUIDLINES

-Requires a doctor's order including justification documented, type of restraint, and criteria for removal -Requires reassessment in 24 hours & new order if needed -Assess every hour: safety Remove every 2 hours: -Assess skin and skin care, implement Range of Motion

HIPAA ensures that patients have the following rights:

-To see and copy their health record -To update their health record -To request correction of any mistakes -To get a list of the disclosures a health care institution has made independent of disclosures made for the purposes of treatment, payment, and health care operations -To request a restriction on certain uses or disclosures -To choose how to receive health information

HealthCare Proxy

A person designated to make medical decisions for someone who is incapacitated

The nurse is working with a patient who has decided to be designated as a DNR (do not resuscitate). Which of the following actions should the nurse ensure are complete for the DNR to be appropriately implemented? Select all that apply. A. The patient's healthcare power of attorney has been informed of the DNR decision B. The patient has a pending transfer to the hospice unit C. Life support has been withdrawn D. Appropriate labeling has been applied (wrist band, electronic and paper chart, and any additional facility-specific labels) E. A DNR order is placed in the chart

A. The patient's healthcare power of attorney has been informed of the DNR decision D. Appropriate labeling has been applied (wrist band, electronic and paper chart, and any additional facility-specific labels) E. A DNR order is placed in the chart

A nurse threatens to restrain a verbally abusive client if the abuse continues. Which legal tort has the nurse committed?

Assault

An RN enters a client's room and observes the unlicensed assistive personnel (UAP) forcefully pushing a client down on the bed. The client starts crying and informs the UAP of the need to go to the bathroom. What action is the RN witnessing that should be immediately reported to the supervisor?

Battery

Having recently completed a specialty nursing program in neonatal care, a nurse is now preparing to leave the medical unit and begin providing care in the hospital's neonatal intensive care unit (NICU). The nurse has completed which process of credentialing?

Certification

OSHA

Occupational Safety and Health Administration -Ensure Protection of workers and Prevent Work-Related Injuries -Safe Working Conditions -Enforcement of Safe Healthcare Practice Standards -Ongoing Research & Education

POLST

Physician Orders for Life-Sustaining Treatment

PHI

Protected Healthcare Information -Turn off computer screens when not in use -Turn screen away from visitors -Share patient information in private areas -Shred all patient information -Do not leave patient information open on nurses' station -Do not leave the facility with patient information -Do not share patient information on any form of social media

A family brings the client to the emergency department in an unconscious state with a head injury. The client requires surgery to remove a blood clot. What would be the appropriate nursing intervention in keeping with the policy of informed consent prior to a surgical procedure?

The nurse confirms that the client's family has signed the consent form.

Restraints Purpose

To protect patient from self-harm or to protect staff Behaviors, particularly dementia-related behaviors

A client was admitted to a postoperative nursing unit after undergoing abdominal surgery. During this time, the nurse failed to recognize the significance of abdominal swelling, which significantly increased during the next 6 hours. Later, the client had to undergo emergency surgery. The lack of action on the nurse's part is liable for action. Which legal term describes the case?

Tort

incident report

a report of any event that is not consistent with the routine operation of the health care facility that results in or has the potential to result in harm to a patient, employee, or visitor

root cause analysis

deep investigation into a sentinel event to determine why the event occurred, and exploring the circumstances that led to it to determine where improvements can be made

credentialing

general term that refers to ways in which professional competence is maintained

statutory law

law enacted by a legislative body

common law

law resulting from court decisions that is then followed when other cases involving similar circumstances and facts arise; common law is as binding as civil law

defendant

the one being accused of a crime or tort

certification

process by which a person who has met certain criteria established by a nongovernmental association is granted recognition

accreditation

process by which an educational program is evaluated and then recognized as having met certain predetermined standards of education

A nurse, while off-duty, tells the physiotherapist that a client who was admitted to the nursing unit contracted AIDS due to exposure to sex workers at the age of 18. The client discovers that the nurse has revealed the information to the physiotherapist. With what legal action could the nurse be charged?

Slander

fact witness

nurse who has knowledge of the actual incident prompting a legal case bases testimony on firsthand knowledge of the incident, not on assumptions

crime

offense against people or property; the act is considered to be against the government, referred to in a lawsuit as "the people," and the accused is prosecuted by the state

negligence

performing an act that a reasonably prudent person under similar circumstances would not do, or failing to perform an act that a reasonably prudent person under similar circumstances would do

plaintiff

person or government bringing a lawsuit against another

While a client admitted to the medical-surgical unit is in the radiology department, a visitor claiming to be the client's cousin arrives on the medical-surgical unit and asks the nurse to provide a brief outline of the client's illness. Which response by the nurse would be most appropriate, both legally and professionally?

"I cannot give you that information due to client confidentiality."

The nurse is providing care to a client who had orthopedic surgery. The nurse has medicated the client for pain. However, the client reports that the pain is unrelieved. The nurse takes no further action regarding assessment and intervention for the client's pain. The nurse does not notify the surgeon regarding the client's pain. The nurse's failure to take further action represents which element of liability in this case?

Breach of duty

Living Will

Expressing whether the patient wants life sustaining treatment or life sustaining treatment withheld or withdrawn

During the orientation to the hospital, the staff development educator discusses unit and institutional-based policies. What is the source of the practice rules that result in unit and institutional-based policies?

Health care institution

A nurse talks with family members about an AIDS client from the clinic where the nurse works. Which tort has the nurse committed?

Invasion of privacy

sentinel event

an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof

battery

assault that is carried out

liability

legal responsibility for one's acts (and failure to act); includes responsibility for financial restitution of harms resulting from negligent acts

expert witness

nurse who explains to the judge and jury what happened based on the patient's record and who offers an opinion as to whether the nursing care met acceptable standards of practice

assault

threat or an attempt to make bodily contact with another person without that person's permission

licensure

to be given a license to practice nursing in a state or province after successfully meeting requirements

fraud

willful and purposeful misrepresentation that could cause, or has caused, loss or harm to people or property

tort:

wrong committed by a person against another person or that person's property