Chapter 3: Nursing Practice and Law

Misdemeanor

(n.) a crime or offense that is less serious than a felony; any minor misbehavior or misconduct

An RN is obtaining a signature on a surgical informed consent document. Before obtaining the signature, the RN must ensure which of the following? Select all that apply

1, 5. Before surgery, the nurse needs to ensure that the patient fully understands what the physician told him or her about the procedure and that the consent form has been signed before any preoperative sedation is administered.

The health-care facility has sponsored a continuing education offering on emergency management of pandemic influenza. At lunch, a nurse is overheard saying, "I'm not going to take care of anyone who might have that flu. I have kids to think about." What is true of this statement? Select all that apply.

1. Because nurses have greater ability to provide care, their obligation to provide care is higher than that of laypersons. 3. According to the Code of Ethics, nurses need to care for patients without judgment.

A patient tells a nurse that he has an advance directive from 6 years ago. The nurse looks at the medical record for the advance directive. What content should the nurse expect to find in the advance directive? Select all that apply.

1. Decisions regarding treatments 2. When to take the patient to the hospital 3. Do not resuscitate orders 5. Durable power of attorney for health care

Which common practice puts the nurse at liability for invasion of patient privacy?

1. Giving out information about a patient without permission is an invasion of privacy

A patient is transported to the emergency department by rescue after being involved in a motor vehicle accident. The patient is alert and oriented but keeps stating he is having trouble breathing. Oxygen is started, but the patient is still showing signs of dyspnea. The patient suddenly develops respiratory arrest and dies. During the resuscitation process, it is discovered that the nurse failed to open the correct oxygen valve. The family sues the hospital and the nurse for:

1. Malpractice occurs when an unintentional tort causes an injury to a client.

After 3 years of uneventful employment, the nurse made a medication error that resulted in patient injury. What hospital response to this event is ethical?

1. Nurses must be held accountable for errors but should be treated in a professional and assistive manner.

An RN new to the emergency department documented that "the patient was intoxicated and acted in a crazy manner." The team leader told the RN that this type of documentation can lead to:

3. Charting or saying unsupported defamatory statements can lead to tort litigation.

An RN sees an older woman fall in the mall. The RN helps the woman. The woman later complains that she twisted and sprained her ankle. The RN is protected from litigation under:

3. The Good Samaritan law protects persons who assist at an accident scene if they act in good faith. Professional insurance is not in effect because the actions were not performed while on duty.

An RN has asked a licensed practical nurse (LPN) to trim the toenails of a diabetic patient. The LPN trims them too short, which results in a toe amputation from infection. The patient files a lawsuit against the hospital, the RN, and the LPN. What might all three be found guilty of?

4. Malpractice occurs when an unintentional tort causes an injury to a client.

An RN calls a health-care provider to report that a patient's condition is deteriorating. The physician gives orders on the telephone to draw arterial blood gases. What should the nurse do next when receiving telephone orders from a health-care provider?

4. Write the order down and read it back to the provider.

Law

A system of regulations

Statutory Law

Created by various legislative bodies

Juvenile

Crimes committed by persons younger than 18 years.

Malpractice

Failure by a health professional to meet accepted standards

Civil Law

Involve the violations of one persons rights.

Good Samaritan Law

Provides limited protection to someone who voluntarily chooses to provide first aid

Confidentiality

Respecting the privacy of both parties and keeping details secret. HIPPA

Statues

Statutes are written laws created by a government or accepted governing body. IE: use of specific garbage bags

Administrative Law

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

Common Law

This law develops within the court system as the judicial system makes decisions in various cases and sets precedents for future cases.

Tort

Tort laws serve two basic functions: (1) to compensate a victim for any damages or losses incurred by the defendant's actions (or inaction) and (2) to discourage the defendant from repeating the behavior in the future.

Felony

a crime, typically one involving violence, regarded as more serious than a misdemeanor, and usually punishable by imprisonment for more than one year or by death.

Negligence

careless neglect, often resulting in injury

Administrative Laws

established by local, state, or federal regulatory agencies

Quasi-Intentional Tort

invasion of privacy, defamation of character

False Imprisonment

restraining an individual or restricting an individual's freedom

Slander

spoken defamation

Assault

threat or attempt to injure

Battery

touching a person without consent

Libel

written defamation