Chapter 7: Legal Dimensions of Nursing Practice
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)
