Legal Foundations
What are the four main sources of law that guide nursing practice?
Constitutions, Statutory Law, Administrative Law, and Common Law
What do Nurse Practice Acts define?
The scope of nursing practice, licensure requirements, and disciplinary actions
What are the four elements needed to prove negligence?
Duty, Breach, Causation, and Damages
What should a nurse always do when giving medications?
Only administer medications they have personally prepared.
What role does a nurse play when accused of malpractice?
defendent
Which type of law is created by court decisions?
common law
Which organization enforces the Nurse Practice Act and issues nursing licenses?
The State Board of Nursing
What is the difference between negligence and malpractice?
Malpractice is professional negligence committed by a healthcare professional
Why is documentation so important legally?
It provides legal evidence of care and protects the nurse in case of disputes
what is a fact witness?
A nurse who testifies about what they directly observed or did.
What type of law is enacted by legislative bodies like Congress or state legislatures?
Statutory Law
What is the purpose of professional standards of practice?
To define competent levels of care and expected performance for nurses
Give an example of an intentional tort in nursing
Assault, battery, defamation, invasion of privacy, false imprisonment, or fraud
What should a nurse do before performing a procedure?
obtain informed consent
What is an expert witness?
A nurse with advanced knowledge who explains professional standards to the court.
What is the main purpose of laws in healthcare?
To protect the public’s rights and ensure safe, ethical care
What does certification demonstrate?
Advanced knowledge in a specialty area beyond basic licensure
A nurse gives the wrong medication and the patient is harmed. What type of legal issue is this?
malpractice
What is the purpose of an incident report?
To document unexpected events or errors for safety improvement, not for blame
What might cause a nurse’s license to be suspended or revoked?
Substance abuse, negligence, or unprofessional conduct
Who enforces administrative law in healthcare settings?
Executive officers (like presidents or governors) who oversee agencies responsible for enforcement
What does accreditation ensure in nursing programs?
That the program meets established educational and professional standards
What is the first step in the legal procedure when a patient files a negligence complaint?
filing a complaint
Name one way nurses maintain accountability
By answering for their actions and upholding professional and ethical standards.
What are the final two stages of a negligence lawsuit?
Verdict and Judgment, followed by possible Appeals.