Chap. 23_Fundamentals..

Incident Report

Using in risk management, this tool provides a database for further investigation in an attempt to determine deviations from standards of care and corrective measures needed to prevent recurrence and to alert risk management to a potential claim situation. NEVER DOCUMENTED in client's medical record.

Assault

any intentional threat to bring about harmful or offensive contact. Doesn't require actual contact. This is an example of an intentional tort. (e.g. it is an assault for a nurse to threaten to give a client an injection when the client has refused consent). If the client gives consent, the nurse is not responsible for___.

Battery

any intentional touching without consent. The contact can be harmful to client and cause injury OR can be merely offensive to personal dignity. This is an example of an intentional tort. (e.g., in the example of a nurse threatening to give an injection without consent, if the nurse actually give injection it is battery).

Quasi-Intentional Torts

are acts where intent is lacking but volitional action and direct causation occur, such as found with invasion of privacy and defamation of character

Intentional Torts

are willful acts that violate another's rights, such as assault, battery, and false imprisonment.

State Board of Nursing

define the practice of nursing, more specifically (e.g., a state board develops a rule regarding IV therapy. All nurses are responsible for knowing the provisions of the Nurse Practice Act for the state in which they work, as well as the rules and regulations enacted by the ______ and other administrative bodies.

Nursing Practice Acts

define the scope of nursing practice, educational requirements, and distinguish between medical and nursing practice

Standards of care

legal guidelines for nursing practice and provide the minimum acceptable nursing care. These legal guidelines are developed by the ANA.

False Imprisonment

occurs with unjustified restraining of a person without legal warrant. This is an example of an intentional tort. (e.g., occurs when nurses restrain a client in a bounded area to keep person from freedom)

Centers for Disease Control & Occupational Health & Safety Act

these two bodies/acts provide guidelines on a national level for safe and healthy communities and work environments

Civil Law

these types of law protect the rights of individual persons within our society and encourage fair and equitable treatment among people. Damages involve payment of money.

Whole-Brain Standard

this death standard requires irreversible cessation of all function of the entire brain, including the brain stem.

Cardiopulmonary Standard

this death standard requires irreversible cessation of circulatory and respiratory functions

Statutory Law

this type of law is created by elected legislative bodies such as state legislatures and the US Congress

Criminal Law

this type of law prevents harm to society and provides punishment for crimes

Regulatory Law

this type of law reflects decisions made by administrative bodies such as State Boards of Nursing when they pass rules & regulations

Common Law

this type of law results from judicial decisions made in courts when individual legal cases are decided.

Malice

when a person publishes information they know is false, yet proceeds to publish anyway

Slander

when one verbalizes a false statement

Liber

written defamation of character

Defamation of Character

An example of a quasi-intentional tort, which is the publication of false statements that result in damage to a person's reputation.

Invasion of Privacy

An example of a quasi-intentional tort, which protects client's right to be free from unwanted intrusion into his private affairs.

Negligence

An example of unintentional torts--this is a type of conduct that falls below a standard of care (e.g., hanging the wrong IV treatment, allowing a nursing assistant to administer a medication)

Malpractice

An example of unintentional torts--this is a type of negligence and is often referred to as professional negligence. (e.g., failing to check client armband and then giving med to wrong client, failure to document monitoring, failure to follow orders, failure to follow policies & procedures, failure to properly delegate & supervise)

Civil Law

HIPAA violations are an example of what type of laws?

Regulatory Law

The duty to report incompetent or unethical nursing conduct to the State Board of Nursing is an example of _________type of law.

Criminal Law

1) Felony and 2) Misdemeanor are two types of ____law?

What are the three legal guidelines, which nurses follow?

1) Statutory Law 2) Regulatory Law and 3) Common Law

4 Types of Invasion of Privacy

1) intrusion on seclusion 2) appropriation of name or likeness 3) publication of private or embarrassing facts 4) publicly placing one in a false light in public's eye

4 Malpratice Nursing Criteria

1) nurse owed a duty to a client 2) nurse did not carry out that duty 3) client was injured 4) nurse's failure to carry out duty caused injury

Common Law

Informed Consent and the client's right to refuse treatment are both examples of what type of law?

Good Samaritan Laws

These types of laws are enacted to encourage health care pro's to assist in emergencies. Provisions vary among states. These laws limit liability and offer legal immunity for nurses who help at the scene of an accident.

Uniform Determination of Death Act

This act states that health care providers can use either 1) cardiopulmonary definition or 2) whole-brain definition to determine death; it is adopted by most states

Darling v Charleston Community Memorial Hospital

What is the name of a Supreme Court case, which is often referenced as legal precadence regarding a nurse's liability?

State Board of Nursing

What is the name of the body, which licenses all registered nurses in the state in which they practice?

National Council Licensure Examinations

What is the name of the exam used by all states for RN?

Oregon Death With Dignity Act

What is the name of the first statute that permitted physician or health care provider assisted suicide?

To Err is Human

What is the the title of a report, published by the Institute of Medicine, which took greater interest in the safe delivery of health care?

Statutory Law

What type of laws make the designation of individuals who are legally able to give consent to medical treatment?

Tort

a civil wrong made against a person or property. Classification of these "wrongs" include: intentional, quasi-intentional, or unintentional.

Felony

a crime of a serious nature that has a penalty of imprisonment for greater than 1 year or even death

Misdemeanor

a crime that is less serious and has a penalty of a fine or imprisonment for less than 1 year.

Consent

a form, which is required to be signed for all routine treatment, hazardous procedures such as surgery, chemo, and research involving clients.

Informed Consent

a person's agreement to allow something to happen, such as surgery or an invasive diagnostic procedure

Risk Management

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

Unintentional Torts

acts, which include negligence or malpractice

Regulatory Law

aka Administrative Law

Americans With Disabilities Act

an example of a statutory law, which protects the rights of handicapped individuals in the workplace, in educational institutions, and throughout society

Nurse Practice Acts

an example of statutory law, which describe and define the legal boundaries of nursing practice within each state