test 2 301

Due Process for revoking a license

- Notice of investigation - Fair and impartial hearing; multifactorial - age of complaint, history of nurse (multiple complaints over time), egregiousness of complaint, work-related complaint versus complaint does not relate to nurse's job (impaired at work vs. arrest for assault & battery in dispute with neighbor) - Proper decision based on substantial evidence

Laws affecting nursing practice

-Occupational Safety and Health - Reporting obligations - Controlled substances - Health Insurance Portability and Accountability Act (HIPAA) -EMTALA: ´- hospital and ambulance services required to provide care to anyone needing emergency treatment regardless of citizenship, legal status, or ability to pay -Legal issues related to death and dying (wills, advance directives)

which nursing care delivery model is being described 1: Nurse performs all patient care for each assigned patient 2: a disadvantage of this is a lot of RN;s are required 3: this model is most often seen in critical care settings 4: this model is most often seen in the OR 5: in this model Nurse is doing their own tasks independently of UAP's 6: in this model there are no UAP's included 7: care may seem fragmented

1 2 3 4

Four Sources of Law

4 - Common Law (Judicial Interpretation) 3 - Administrative Law (Administrative Agencies) 2 - Statutory Law (Legislative Body) 1 - U.S. & State Constitutional Law

Duty

A moral or legal obligation; a responsibility. Example: Providing an accurate assessment of a patient.

Malpractice

A specialized type of negligence. Failure by a health professional to meet accepted standards

Living wills, durable power of attorney, and DNRs are examples of?

Advanced directives

Civil lawsuits

Compensate victims; involving legal claims based on state law may only be filed in state court.

A client is scheduled for a colonoscopy. The nurse realizes immediately after administering medications to induce conscious sedation that the client has not signed the informed consent. If the nurse has the client sign the informed consent at this point, which element of informed consent would be violated?

Competence

A nurse is being charged with malpractice after a client fell and suffered a skull fracture resulting in a longer hospital stay and subacute rehabilitation. Which element of liability does the description and effects of the injury represent in the proof of malpractice?

Damages

Role of Nurses in legal proceedings?

Defendant Fact witness Expert witness

States such as Florida and California have this clause saying that if a medical professional passes an emergency scene with out helping......

Duty to rescue

An ICU nurse is charged in a malpractice lawsuit. The prosecuting attorney calls a second nurse who works for a different hospital and does not know the nurse being charged to testify in the case. This second nurse is a highly respected and experienced nurse on an ICU similar to the unit where the incident occurred. What is the role of the second nurse in that case?

Expert witness

fact witness vs expert witness

Fact witness: ´nurse is a witness who knows something about the circumstances in this specific legal case. Expert Witness: nurse is not familiar with the particulars of this specific case but is being asked to testify if a reasonable nurse with the same education, training, and experience as the defendant act in the same manner under the same circumstances

Damages for Libel

General Damages are presumed; Plaintiff does not have to show actual injury. General damages include compensation for disgrace, dishonor, humiliation, injury to reputation and emotional distress.

Administrative Law example?

Georgia Board of Nursing; Fulton County Board of Health

Statutory Law (Statute) example?

Georgia Nurse Practice Act

In the state of Georgia this law protects any healthcare professional from being sued or held liable for any damages to a person whom is in an emergency situation when not under supervision of employer.

Good Samaritan law

A client has a prescription for amoxicillin 500 mg P.O. every 8 hours. The nurse administers the medication via the intravenous route. Based on the nurse's action, the client develops complications and has an increased length of stay. The client files a lawsuit against the facility and the nurse. Which legal action has the nurse's attorney identified that meets the criteria for the client's lawsuit?

Malpractice

In one nursing care delivery model, one nurse is assigned responsibility for planning, directing, and evaluating care for a patient from admission through discharge even though other nurses may be performing nursing interventions when that main nurse is off duty. What is this nursing care delivery model?

Primary nursing

Tort Law

Rights, obligations, and remedies provided to someone who has been wronged by another individual.

Negligence is example of what type of tort?

Unintentional

Protocol

a detailed written set of instructions to guide the care of a patient or to assist the clinician in the performance of a procedure Example: -Hypoglycemia; deep vein thrombosis (DVT) prevention -Can be an algorithm with branching logic - such as BLS CPR, ACLS Bradycardia

policy

a principle or guideline governing activities in a facility that employees or members of the institution are expected to follow Example administrative policies, HR policies, Patient care

procedure

a series of steps followed in a regular, orderly, definite way, by which a desired result is accomplished ("Procedure," n. d.); often very specific. Example: ´Placing an in-dwelling catheter; changing a central line dressing; administering medicine through a feeding tube, etc.

Intentional Torts include

assault, battery, false imprisonment, fraud, defamation of character, invasion of privacy

A nurse fails to communicate a change in the client's condition to the physician. Which element related to proving malpractice has been met?

breach of duty

Negligence

careless neglect, often resulting in injury that a reasonably prudent person under similar circumstances would or would not do.

Four Elements of Liability

duty, breach of duty, causation, damages

Breach of Duty

failure to use the degree of care required under the circumstances. Example: Failure to report accurate information.

Defendant

nurse is accused of malpractice, intentional tort, or crime

National Council of State Boards of Nursing

provides guidance and continuity for nursing regulation, all 50 states and 5 territories, NCLEX-RN

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

Causation

the action of causing something. Example: Failure to use safety measures that cause a injury.