P&P Ch 23

Physician assisted suicide

An individual with a terminal disease Can make it oral or written request for medications and his or her life in a dignified manner

Mental health parity act

For big health plans from placing what time are annual limits on mental health coverage that Are less generous than those placed on medical or surgical benefits

Americans with disabilities act

Protects the rights of people with disabilities... it is the most extensive law on how employers must treat healthcare workers and patients infected with HIV

Public health laws

Provide protection for the public health advocating for the righ

Health insurance portability and accountability act (HIPAA)

Provides rights to patients and protects employees establishes the basis for privacy.

Malpractice

Referred to as professional negligence Below the standard of care

Regulatory law

Reflects decisions made by administrative bodies

Common law

Judicial decisions made in court when individual legal cases are decided

Durable power of attorney for healthcare

Legal document the designated person or persons of ones choosing to make healthcare decisions.

Standards of care

Legal guidelines for nursing practice and provide the minimum acceptable nursing care

Misdemeanor

Less serious crime that has a penalty of a fine or imprisonment for less than one year

The joint commissions specific guidelines for the use of restraints are:

1. Only to be used to ensure physical safety of the residents or others 2. Used only one less restrictive interventions are non-successful 3. Only use my physician has written an order with specific episode. There needs to be a specific start and end time.

Identify the four criteria needed to establish nursing malpractice:

1. The nurse (defendant) owed a duty to the patient (plaintiff) 2. The nurse did not carry out that duty 3. The patient was injured 4. The nurses failure to carry out that duty caused the injury

A confused patient who fell out of bed because siderails are not used is an example of which type of liability?

Negligence, conduct that falls below the standards of care.

What is the nurses responsibility with physicians orders?

Nurses must follow the physicians orders unless they believe the orders are in error or will harm the patient. If there is any controversy the nurse will also have to inform the supervising nurse or follow chain of command.

Explain the process that a nurse needs to follow when staffing assignment is unreasonable:

Nurses should inform their supervisor and make a written protest to the nursing administrators. A copy of this document should be kept.

In a situation in which there is insufficient stuff to implement care, a nurse should:

Accept the assignment but make a protest in writing to the administration. Need to follow institutions policies and procedures on how to handle the situation and use the chain of command.

Nursing practice licensure

All RNs in the state in which they practice. This can be suspended or revoked if the nurse conducts a crime.

Identify the purpose of the incident report:

An incident report provides a database for further investigation

Uniform anatomical gift act

An individual older than the age of 18 that has the right to make an organization

Informed consent

Person's agreement to allow something to happen based on disclosure of risks, benefits, and alternatives

Criminal laws

Prevent harm to society and provide punishment for crimes

Civil laws

Protect the rights of individual persons within our society and encourage fair and equitable treatment

Assault

Any intentional threat to bring about harmful or offensive content

Battery

Any intentional touching without consent

A nurse puts restraints on the patient without the patient's permission and without a physicians order. The nurse maybe guilty:

Battery, unintentional touching without consent

Tort

Cival wrong made against a person or property

Negligence

Conduct that falls below the standard of care

Nurse practice acts

Describing to find the legal boundaries of nursing practice within each state

Good Samaritan laws

Encourage healthcare professionals to assist in emergencies it limits liabilities and offers legal immunity to nurses who help at an accident.

Patient self-determination act

Requires healthcare institutions to provide written information to patients concerning their rights under state law to make decisions. This includes the right to refuse treatment and formulated Advance directives.

Uniform determination of death act

Requires irreversible cessation of circulatory and was respiratory function

The scope of nursing practice is legally defined by:

State nurse practice acts Determines legal boundaries within each state.

Risk management

System of ensuring appropriate nursing care that attempts to identify potential hazards and eliminate them.

Identify what the nurses responsibility is when he or she "floats" to another nursing unit:

The nurse needs to inform the supervisor of any lack of experience in caring for the type of patients on the unit. The nurse also needs to request an orientation to the unit.

Invasion of privacy

The release of a patient's medical information to an unauthorized person

False imprisonment

Unjustified restraining of a person without legal warrant

Emergency medical treatment and active labor act (EMTALA)

When a patient comes to the ER or hospital And appropriate medical screening occurs within the hospitals capacity. If an emergency exists the hospital is not discharged or transferring the patient until the condition stabilizes.

Slander

When one person speaks falsely about another person

Libel

Written defamation of character

Living wills

Written documents that direct treatment in accordance to the patient's wishes in the event of terminal illness.

Felony

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