Chapter 7: Legal Dimensions of Nursing Practice

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Licensure

process by which a state determines that a candidate meets certain minimum requirement to practice

Assault

intentional threat toward another person that places the person in reasonable fear of harmful, imminent, or unwelcome contact

Malpractice

one type of negligence and often referred to as professional negligence

HIPPA

patient confidentiality stuff

Constituents

people a member of Congress represents

Defendant

person being accused of a crime, innocent until proven guilty

Plantiff

person bringing suit

Risk management steps

Identify possible risks Analyze risks Act to reduce risks Evaluate steps taken

Informed consent

agreement to allow care based on full disclosure of risks, benefits, alternatives, and consequences of refusal

Certification

certain criteria established by a nongovernmental association is granted recognition in a specific area of practice

Private law

civil law, regulates relationships among people

Criminal Law

concerns state and federal criminal statutes, defines criminal actions like murder or theft

Negligence

conduct that falls below the generally accepted standard of care of a reasonably prudent person

Patient Protection and Affordable Care Act (PPACA)

consumer rights and protections, affordable health care coverage, increased access to care

Malpractice insurane

contract between nurse and insurance company, providing defense when a nurse is in a lawsuit involving negligence or malpractice

Elements of informed consent

disclosure, comprehension, competence, voluntariness

Reasons for suspending or revoking a liscense

drugs, alcohol, fraud, deceptive practice, criminal acts, disciplinary actions, negligence, impairments

Nurse best defense of license investigation

early legal counseling, character and expert witnesses, thorough preparation for all proceedings

Administrative law

executive officers/administrative facilities are responsible for law enforcement

Criminal law

felonies or misdemeanors, prevent harm to society and provide punishment for crimes

POLST

for persons with serious illness at any age, proveds medical orders for CURRENT treatment

Public law

government is directly involved, regulates relationships between individuals and government

Battery

intentional offensive touching without consent or lawful justification

Common law

judicial decisions concerning/resolving controversies and creates body of common laws

Standards

legal guidlines for defining nursing practice and identifying the minimum acceptable nursing care (ANA)

Statutory law

legislative body enacts both federal and state levels

Nursing practice act

lists violations that can result in disciplinary actions, states that all nurses have the responsibility to observe, determine an abnormality, and obligation to act

Advanced directives

living wills, assigns a health care proxy who is legally appointed to act on behalf of another in ways specifically indicated in the legal document, FUTURE

Unintentional torts

negligence and malpractice

Due cause for revoking a license process

notice of investigation, fair and impartial hearing, proper decision based on substantial evidence

Accreditation

process by which an educational program is evaluated and recognized for meeting criteria

Litigation

process of bringing and trying a law suit

Civil law

protect the rights of individuals and provide for fair and equitable treatment when civil wrongs or violations occur

Americans with Disabilities Act (ADA)

protects rights of people with physical or mental disabilities

Misdemeanor

punishable by fines or less than 1 year of imprisonment

Felony

punishable by imprisonment for more than 1 year

Patient Self-determination act (PSDA) 1991

requires health care institutions to provide written information to patients concerning their rights under state law to make decisions, including the right to refuse treatment and forulate advanced directives

Defamation of character

slander: speaks falsely about another libel: written defamation of charecter

Law

standard or rule of conduct established and enforced by government designed to protect the rights of the public

Mental health parity act as enacted under PPACA

strengthens mental health services

Risk management and quality assurance

system of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them before harm occurs

False imprisonment

unjustified restraint of a person without legal reson

Invasion of privacy

violation of hippa

Credentialing

ways in which professional competence is ensured and maintained (accreditation, licensure, certification)

Emergency medical treatment and active labor act (EMTALA)

when a patient presents to an emergency department they must be treated

Criem

wrong against a person or the person's property as well as the public

Tort

wrong committed by a person against another person or that person's property; tried in civil court (intentional or unintentional)


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