Sources/Type of Law
Give me two types of crimes Nurses can be charged with
What is homicides, manslaughter, theft, sexual assault, and illegal possession of controlled substance.
We have same responsibility as ____
Citizen
What is the ADA, EMTALA, Health Insurance Portability and Accountability Act (HIPAA)?
ADA: protects rights of disabled persons
EMTALA: ER must stabilize prior to transfer - no pt dumping
HIPAA: pt confidentiality but also protects individuals from loss of insurance due to job change
What is the difference Slander and Libel?
Libel: Written
What is licensure?
Legal permit to practice and use certain title to say your a RN or LPN; it's mandatory in all states
What is the difference between Public and Private Law?
Public deals with relationships with individuals and the government. Private deals with relationships amongst people
What is Liability?
Your legal responsibility
What is the good Samaritan Law?
Limit Liabilities and give immunity to HCP who assist in emergency situations such as accident scenes
What is the difference between Negligence and Malpractice?
Negligence falls within the category of what a careful and prudent person would not do, in the same circumstances and it places the person at risk for harm so it falls below the standards of care
Malpractice similar but only falls in with the professionals
What is certification?
What is the voluntary practice of validating that the nurses met minimum standard of nursing
What is the tort Law?
Enforces duties required by contracts
What is the Standards of Care?
Legally defined by the nurse practice act and by the rules of reasonable and prudent action
What is the difference between expressed consent and implied consent?
Expressed - oral or written
Implied - they willingly give you consent with maybe some type of gesture, where it is clearly given, but not said or written down. ex: giving arm for BP or getting in position for an injection
What are the 6 elements of malpractice care?
Duty, Breach of duty, Forseeability, Causation, Harm/Injury, Damages
What is Accreditation?
The legal requirement that involves education in/of nurses
What is the difference between constitutional and Statutory?
Constitutional is the supreme law, empowers federal law but limits powers of federal and state government Statutory is the federal or state.
What is Contractual Obligation
The Duty to provide care
What are the three elements of informed consent?
1. Voluntarily given
2. pt must be competent, conscious, and oriented (including free of any sedatives)
3. pt must be over the age of 18 years old, and fully informed of risks and benefits, in language that is understood
What are at least 3 categories of negligence that result in malpractice?
Failure to follow standards of care, Failure to use equipment in responsible manner, Failure to communicate, failure to document, failure to assess and monitor, failure to act as pt advocate, failure to protect privacy of health info, loss of pt property, unprofessional conduct
Give me two examples of Internal Standards of Legal Guidlines
Job Description, Education, Expertise, Institutional Polices & Procedures, Maintaining Competency
What is the Administrative Source of law?
How the board of nursing enforces rules of practices
What does the Respondeat Superior?
The hospital is responsible for the employee mistakes?
What are the issues surrounding death?
Advanced directives: allows people to specify which aspects of care they want to receive if they're unable to make their decisions or communicate their preferences
DNR orders
Euthanasia/Assisted Death (only legal in Oregon)
What is defamation of character?
False communication resulting in injury to reputation
Give me an example of External Standards of Standards of Care in legal guidlines
Nurse Practice act - state, Professional Organizations, Specialty Organizations, Federal Organization