LAW
Follows a chain of legislative command, with the Constitution of the United States (US) being the highest in the hierarchy of enacted written law.
What is Statutory Law?
Health Care liability to meet the standard of care encourages appropriate professional conduct and protects the public.
What is Reasonable Care (Standard of Care)?
The nurse remains responsible for the task outcome.
What is delegation?
The patient is tied to bed.
What is restraints?
Enters a mental health facility by a police officer for mental health problem.
What is involuntary Inpatient Care?
Are either civil or criminal designed to protect individual rights.
What is Statutory Law?
The nurse assumes care of patient medically and psychological and is expected to act with professional conduct and protect the public.
What is Standard of Care (Reasonable Care)?
Has it's roots in principles of individual autonomy and independence. The right to make own health care choices for treatment.
What is Self-Determine, Give consent, or refuse treatment?
Can not ever be PRN orders "aka" (as needed).
What are orders for restraints?
1. Patient walks into a mental health facility on their own for help with a mental health concern.
2. During the stay they state "I want to hurt my neighbor".
1. Voluntary inpatient care.
2. The voluntary inpatient care results in a change to involuntary inpatient care.
Rationale: Patient is now consider a harm to others, so they are now on a involuntary hold.
Legal principles applied to cases based on evolving reasons, opinions, and precedents cited in previous court cases.
What is Common Law?
The nurse practices in a standard of prudence and caution defined by the degree of skill and knowledge expected by reasonable nurses in the care and treatment of patients as described in the Nurse Practice Act, federal and state laws, and policies of their healthcare institution.
What is the definition of Standard of Care (Reasonable Care)?
Protected by the PDSA passed by US Congress
What is Self-Determination Act (PDSA)
1. Is not seen as therapeutic.
2. The client has the right to this.
Restraints and Seclusion?
What is Least Restrictive Environment?
1. The nurse show apprehension of physical contact?
2. The nurse slapped the patient across the face because he cussed at the nurse.
3. The unlawful restraint of an individual's personal liberty or the unlawful confinement of an individual.
1. What is assault?
2. What is battery?
3. What is False Imprisonment?
A third source of law which are public laws issued by administrative or government agencies authorized by statute to administer the enacted laws of federal and state governments.
What is Administrative Law?
A legal obligation imposed on a person who is in a position to perform an action that could potentially hard mothers (by acting or not acting).
What is Duty of Care?
Differs in scope between states and is generally based on the following ideas: Ability to communicate choices, understand information, relevant to the situation and its consequences, and compare risks and benefits of treatment decisions.
What is competency?
Have been replaced with milieu interventions.
What are restraints and seclusion?
Commitment timelines/status that are devided into three common categories:
What is emergency care (acute stabilization)?
What is short-term observation and treatment?
What is Long-term commitment (3, 6, 12 months)
Three basic sources of Law.
What are Statutory Laws?
What are Common Laws?
What are Administrative Laws?
The failure to provide reasonable standard of care owed to a person. This is failure to include either doing or refraining from doing that particular act in a circumstance, where risk of harm exists.
What is Breach of Duty?
NOTE: Only after a court decides that a person is not competent to understand the need for treatment or act in their own best interest, can medications or other treatments be imposed on that person.
What is Incompetence?
A client that enters a mental health facility to seek help for a mental health problem is consider what type of care?
What is Voluntary Inpatient Care?
Chapter 3 Table 3.1
Susceptible to Involuntary Commitment. Separated by states.
Please review page 27 chapter 3
Four elements that must be present for a plaintiff to recover damages caused by negligence.
What is Duty of Care?
What is an obligation of reasonable care?
What is Breach of duty?
What is Injury proximately caused by a breach of duty?
Is a personal wrongdoing described as the failure to perform care that is ethically expected or what a reasonably careful person would do under the same circumstances.
What is Negligence?
Know how to delegate. This is imperative as a registered nurse (RN).
Remember you are responsible for the task you delegate.
What is considered False Imprisonment?
Excessive force used to restrain a patient/client constitutes false imprisonment and battery.
See page 26 for further details.
All states are Susceptible to involuntary commitment. These are types of behaviors that all states recognize as criteria to involuntary admission to a mental health facility for an evaluation.
Please review page 27 Table 3.1 Types of behaviors?