Know the Law
This type of law involves offenses against society and may result in fines or imprisonment.
What is criminal law?
Failure to act as a reasonably prudent person would under similar circumstances.
What is negligence?
A nurse threatens to give a competent patient an injection after the patient refuses it.
What is assault?
Before a procedure, the patient agrees after receiving adequate information about the procedure, risks, benefits, and alternatives.
What is informed consent?
This federal law establishes national protections for individually identifiable health information.
What is HIPAA?
This branch of law deals with disputes between individuals or organizations, including many professional negligence claims.
What is civil law?
Professional negligence by a nurse or other licensed professional is commonly called this.
What is malpractice?
After a competent patient refuses an injection, the nurse gives it anyway.
What is battery?
This healthcare professional is generally responsible for explaining a proposed medical procedure and obtaining informed consent for that procedure.
Who is the provider performing or responsible for the procedure?
Before delegating, the RN should consider the task, circumstances, person, directions/communication, and supervision/evaluation. Collectively, these are called this.
What are the Five Rights of Delegation?
Laws created by legislative bodies, such as a state's Nurse Practice Act, fall into this category.
What is statutory law?
A nurse owed a patient an obligation to provide care consistent with the applicable standard. This represents which element of negligence?
What is duty?
Preventing a competent patient from leaving without legal or clinical justification could constitute this intentional tort.
What is false imprisonment?
A patient who has decision-making capacity says, "I changed my mind. I don't want the procedure." The nurse should recognize this patient right.
What is the right to refuse treatment or withdraw consent?
An RN delegates a task but fails to provide necessary follow-up or oversight. This leadership responsibility may have been inadequate.
What is supervision?
Decisions made by courts that establish legal precedent are associated with this source of law.
What is case law/common law?
A nurse fails to follow the applicable standard of care. This represents which element of negligence?
What is breach of duty?
Communicating a false statement that harms another person's reputation may constitute this tort.
Correct response: What is defamation?
Before witnessing a patient's signature, the nurse notices that the patient seems confused about the procedure. This should be the nurse's priority action.
What is stop the consent process and notify the responsible provider so the patient's questions can be addressed?
A nurse manager knowingly allows a staff member to perform duties beyond that individual's authorized scope of practice. This creates what major concern?
What is potential legal liability and patient-safety risk?
This state law defines and regulates the scope of professional nursing practice.
What is the Nurse Practice Act?
Name the four concepts generally necessary to establish negligence: an obligation existed, that obligation was violated, the violation caused an injury, and actual harm resulted.
What are duty, breach of duty, causation, and damages?
Written defamation is known by this term.
What is libel?
A patient's authorization is obtained after sedating medication has significantly impaired the patient's decision-making capacity. The major legal concern involves this requirement for valid consent.
What is capacity/competence to provide informed consent?
When considering whether to accept an assignment, a nurse should compare the requested duties with this legally defined boundary of nursing practice.
What is the nurse's scope of practice?