Chapter 6:Accountability and Legal Aspects of Nursing
When getting informed consent the patients should have the following information?
-The purposes of the treatment -What she or he can expect to feel or experience -The intended benefits of the treatment -Possible risks or negative outcomes of the treatment -The advantages and disadvantages of possible alternatives to the treatment (including no treatment).
Each province has a ____ ____ trial and a ______ ______ appeal court.
lower level and a high level
What is the most common negligent situation that happens among nurses?
medication error.
Treating a patient without obtaining fully informed consent constitutes ___________________
negligence
_________ involves conduct or behavior that falls below the standard expected of an ordinary, reasonable, and prudent nurse.
negligence
It is the ____________ responsibility to witness the giving of informed consent for medical procedures, which involves witnessing the exchange between the patient and the __________, and establishing that the patient really did understand
nurse, physician
______ has the power to pass all laws of Canada, where as ________ of each province or territory are another key course of Canadian law.
parliament, legislation
Obtaining informed consent for a specific medical and surgical treatments is the responsibility of a _______________
physician
______ is when a resident who moves to a different province or territory is still entitled to coverage from his or her home province during a minimum waiting period. This also applies to residents who leave the country.
portability.
_______ is about a persons right to control the intrusion of others into his or her life.
privacy
________ __________ protection is designed to assist nurses with this kind of damage award.
professional liability
What are the 4 values in the code of ethics that help nurses to decide if they should report something?
promoting health and well-being preserving dignity maintain privacy and confidentiality being accountable
Despite the federal government having some authority in this jurisdiction, health care delivery is interpreted as being largely within ____________ or ________ authority
provincial or territorial.
_______ ______ is all administration of provincial health insurance must be carried out by a public authority on a non-profit basis. They also must be accountable to the province or territory and their records and accounts are subject to audits.
public administration
the standards of care by which a nurse acts or fails to act are legally defined by nurse practice acts and by he rule of ____________ and __________ action
reasonable and prudent
_____ means that an individuals name is listed on an official roster
registration
All entry level nursing education programs must receive approval from their _________ ____________ for tehri graduates to be able to write the registration examination and apply for registration.
regulatory body
The establishment of nursing professional and practice standards is essential for a ________ profession
self-regulating
_________ is the person who knows the client best and can represent his or her best interests( speaks on behalf of the client)
substitute decision maker
A ___ is a civil wrong committed against a person or a person's property.
tort
What are the 4 different types of Canadian law?
tort, common, civil, and statutory
_______ is the name for the person who caused the harm in tort law
tortfeasor
T or F: Nursing students are responsible for their own actions and liable for their own acts of negligence committed during the course of clinical experiences.
true
_______ is all insured residents are entitled to the same level of health care
universality
Nurses are obligated to follow physicians orders unless__________?
unless they believe that these orders have the potential to harm or injure a patient
______________ is the liability of an employer for the negligent acts of an employee done within the scope of the employees authority or employment
vicarious liability
_____ refers to the patients right to come to a decision without force, coercion, or manipulation by others.
voluntariness
______ ______ are people who expose negligence,, abuse, dangers, such as professional misconduct, or incompetence in the organization in which they work
whistle blower
Registration usually occurs every ___________
year
What is the 5 steps of the complaint process
1. Initial assessment 2. investigation process 3.the review process, 4.the consensual resolution 5. A hearing or appeal
Which of the following is true for licensure in Canadian nursing? 1.It is a legal method to control the quality of the nursing profession by establishing a minimum standard. 2.It is established and governed by the federal government. 3.It applies only to those nurses returning to the profession who have completed a refresher course. 4.It is not a qualification for membership in each provincial or territorial nursing association.
1. It is a legal method to control the quality of the nursing profession by establishing a minimum standard.
What are the two legal roles nurses have?
1. provider of service 2. employee or contractor for service.
The Canada health act was passed in what year
1984
How is common law established? 1.By legislators, but enforced by an administrative agency 2.By judicial decisions to resolve legal disputes 3.By federal legislators in response to provincial or territorial needs for social regulation 4.By provincial or territorial nursing bodies and medical boards who develop practice standards
2.By judicial decisions to resolve legal disputes
Which of the following is most accurate regarding nursing liability? 1.Nursing liability refers to not accepting responsibility for your own actions. 2.Nursing liability refers to a nurse's legal responsibility for harm caused to a patient by an inappropriate nursing action or by a failure to perform a required nursing action. 3.Nurses can deny responsibility for a harmful act or inaction on the grounds that someone else was involved. 4.Nurses can be held legally liable even though they were not part of the care.
2.Nursing liability refers to a nurse's legal responsibility for harm caused to a patient by an inappropriate nursing action or by a failure to perform a required nursing action
Which of the following is most accurate regarding an unintentional tort? 1.Unintentional torts are commonly regarded as acts of battery. 2.Unintentional torts are the least common of the torts committed by nurses. 3.Unintentional torts are commonly regarded as acts of negligence. 4.Unintentional torts are wrongful acts but cannot be the basis for a client to initiate a lawsuit.
3. Unintentional torts are commonly regarded as acts of negligence.
Mrs. Jack, who is alert and oriented, refuses to take an antipsychotic medication that you, the nurse, bring to her. She states, "I don't like the way it makes me feel." What would be the most legally prudent action that you could take? 1.Tell Mrs. Jack that the medication is prescribed for her and she should take it. 2.Crush her medication and administer it in her food. 3.Ask her son to convince her to take the medication. 4.Withhold the medication, talk to Mrs. Jack about the importance of taking the medication, document the incident, and notify the physician.
4.Withhold the medication, talk to Mrs. Jack about the importance of taking the medication, document the incident, and notify the physician.
When is a minor able to give consent?
A minor can give consent if it is determined that the person has adequate knowledge and judgment and is determined a mature minor
_____________ Involves conduct or behaviour that falls below expected standard. It places another person at risk for harm and it applies to anyone.
Negligence
Which element of a negligent law suit is this? A standard of care must be expected in the specific situation, and it must be evident that the nurse did not enact that standard. This is the failure to act as a reasonable, prudent nurse under the circumstances.
Breach
The ______ _____ act is federal legislation that puts in place conditions by which individual provinces and territories in Canada may receive funding for health care services.
Canada health act
______ ______ is a serious adverse health event including, but not limited to, the actual or potential loss of life, limb or function related to a health service provided by or a program operated by a regional health authority
critical incident
What is the complaint process?
Complaints against nurse must be investigated Complaints arise from varied sources Nurses can self-report Central to regulatory body's duty to protect public
Which element of a negligent lawsuit is this? The nurse must have a relationship with the client that involves providing care. Such duty is evident when the nurse has been assigned to care for a client in home, hospital, or community by virtue of employment.
Duty
What are the 4 elements of negligence?
Duty breach of duty harm causation
What are the four elements that must be present in a negligence lawsuit against a nurse?
Duty, breach, harm, and causation
What are the two types of informed consent?
Expressed consent Implied consent
_______ _______ us the intentional confining of a person within fixed boundaries, without that person's consent.
False Imprisonment
___________________ occurs when the client:Received all the information, has the capacity to make the decision and Is free from coercion
Informed consent
________ _______ are committed on purpose by the tortfeasor.
Intentional torts
Tort law is subdivided into two categories _________ and ____________.
Intentional torts and negligence.
_____________ can be defined as the "sum of total rules and regulations by which a society is governed.
Law
__________ and registration together are a way to protect the public from unsafe practitioners and to assure employers that the nurse has met minimum requirements for entry to practice.
Licensure
What are some of the serious problems in nursing linked too?
Linked to: Shift work Stress Long work hours Access to pharmaceuticals
The ______ ____ are also responsible for ensuring that standards are established and maintained.
Regulatory bodies
_______ ________ control entry into the profession of nursing. They set standards for practice and establish continuing competence and education.
Regulatory bodies
____________________ is essential for self-regulating profession and the assessment of nursing. It sets professional development goals and outlines continuous competence requirements.
Standards of Practice
law is law that's written by a legislative body. ... Laws created by statute are often codified. That means they're all put together in one place and given numbers for referenc
Statutory
When delegating care or assigning duties to others what is the nurse responsible for?
The nurse is responsible for ensuring that this delegation or assignment is appropriate and that those delegated to (family, other health care providers, students) have the skills to fulfill the functions
What should the nurse do if the physicians orders may cause harm/injury to a patient?
The nurse must then carefully assess the situation and obtain clarification from the physician. If after clarification the physician still confirms the order, informing the supervisor is the next responsibility,
_________provides a framework for establishing the legality of nursing actions in the care of clients.
law
_______ is a civil wrong against a person or a persons property. It is based on fault something done incorrectly or something omitted.
Tort
_________ is when all insured persons have reasonable access to health care facilities. In addition all physicians, hospitals, and other must be given reasonable compensation for services that they provide.
accessibility.
__________ is an essential concept of professional nursing practice
accountability
_________ _____ ______is reporting of injuries related to health care management, rather than disease process, the event is unplanned, undesired harmful outcome directly associated with care service
adverse event reporting
____ can be described as an attempt pr threat to touch another person unjustifiably. This precedes battery. It is the act that causes a person to believe a battery is about to occur.
assault
_________________ is an attempt or threat to touch another person unjustifiably
assault
Under the common law, treating patient a competent patient without obtaining any consent or treating patient who is refusing treatment constitutes _________________
battery
_____ is intentional harmful or offensive contact with another person (or the person's clothes or even something the person is carrying without that persons consent.
battery
________________ is intentional harmful or offensive contact with another person (or the person's clothes or even something the person is carrying) without the person consent
battery
___ and ____ are examples of torts
battery, failure to obtain informed consent
_____ refers to the patients ability to understand the relevant information and appreciate the consequences of the decision
capacity
Common law is sometimes called ______ or __________ law
case law or judge-made law.
Which element of a negligent law suit is this? It must be proved that the harm occurred as a direct result of the nurses failure to follow the standard, and the nurse could have known that failure to follow the standard could result in such harm.
causation
_____ is a voluntary practice that proves that a nurse has met the minimum standards of nursing competence in specialty areas, such as perinatal nursing, pediatrics, mental health, gerontology, or critical care nursing.
certification
_____ law does not emerge through the courts, laws are written down in what is referred to as a _______. This provides all citizens with an accessible and written collection of laws that apply to them and that judges must follow.
civil, code
_________ law is base don tradition, legal principles and rules evolve through the courts. Judges interpret and apply principles from similar decisions in previous cases to the particular case before they reach a decision.
common
unlike ____________ law courts, courts in the civil law system first look to the ________ and then refer to previous decisions for consistency.
common, code
The nurse is expected to provide safe and _______ ____ so that no harm (physical, psychological, or material)comes to the recipient of the service.
competent care
______________ is that all necessary health services including hospitals, physicians, and surgical dentists MUST be insured
comprehensiveness
________ _____ is intimate or private knowledge protected under a duty of confidentiality
confidential information
____ is the duty to protect client information. It is to protect client information and disclose it to others only with permission, or when rules or laws authorize its disclosure
confidentiality
______ can be summarized as the duty of someone ( a professional) who has received confidential information in trust to protect that information and disclose it to others only with permission, or when rules or laws authorize its disclosure.
confidentiality
A _____ is an agreement between two or more persons and creates an obligation to do or not do a particular thing
contract
_______ _____ vary among practice settings. The nurse employed by the hospital typically functions within an employer-employee relationship, in which hospital is responsible for the workplace and the nurse provides care on behalf of the hospital.
contractual relationships
What are the 4 steps to becoming professionally regulated?
credentialing licensure registration certification
__________ in one jurisdiction, province, territory are ____ binding in another jurisdiction, province or territory, but such decisions are often treated as a persuasive source of law.
decisions, not
If a nurse is found negligent , a court may order that nurse to pay damages to the plaintiff. This form of liability is called _____ _______.
direct liability
____ refers to the provision of information including the risks of treatment, alternative treatment, and its associated facts and risks, and the effects of no treatment.
disclosure
What are the 3 components of consent?
disclosure capacity voluntariness
Failure of this can result in disciplinary action. Insufficient _________________ can hinder proper diagnosis and result in injury to the client.
documentation
____________ is a Legal document and can be produced in court as evidence and is a part of practice standards.
documentation
For a contract to exist the Following must be met?
each contract must have lawful purpose each party entering the contract must be competent and understand the subject matter Each party must understand the obligations and benefit derived from the contract
At minimum all _____ ___________ must meet the standards set forth in provincial, territorial, and federal labor standards and codes
employee contracts
_______ ______ can be oral,written or implied.
employee contracts
________ _______ is a clear statement by the patient and can be either oral or written
express consent
__________________ Is the intentional confining of a person within fixed boundaries, without that person's consent
false imprisonment
Responsibility for the Canadian health care system is shared between ________ government and the ____________ or _____________ governments.
federal, provincial, and territorial.
Which element of a negligent law suit is this? The client must have sustained injury or damage
harm
The decisions of ______ courts are binding on the _____ courts in the same jurisdiction.
higher and lower
_____ ________ exists when the individuals nonverbal behavior indicates willingness.
implied consent
when a patient has received all the information, has capacity to make a decision, and is free from coercion the patient is then in a position to provide what is called __________________
informed consent
_____ is the release of personal information without the individuals consent
invasion of privacy
