Sources of Law
Laws created by Congress or state legislatures.
What is statutory law?
Healthcare laws are primarily designed to protect this group.
Who are patients?
The legal responsibility a nurse has to provide safe care.
What is duty/standard of care?
This phrase reminds nurses that undocumented care is treated as though it never happened.
What is “If it wasn’t charted, it didn’t happen”?
A nurse walks away from a computer with a patient’s medical diagnosis and treatment plan visible on the screen. Another patient sees the information.
What is a HIPAA violation?
Rules developed by agencies like state Boards of Nursing.
What is administrative law?
Government agencies create these to help implement laws passed by legislatures.
What are regulations?
Healthcare provider deviated from standard of care
What is breach of duty?
Charting care before it actually occurs is considered this type of documentation concern
What is falsification?
A patient has legally documented instructions refusing certain life-sustaining treatments. The nurse must follow these instructions when providing care.
What is advance directive?
Court decisions that influence malpractice rulings and legal precedent.
What is common law?
Organizations such as The Joint Commission influence healthcare practice through these mechanisms.
What are accreditation standards?
Breach of duty that caused direct patient harm
A nurse copies a prior assessment into a patient’s chart without verifying the patient’s current condition.
What is inaccurate documentation?
A terminally ill patient has a legally signed order limiting resuscitation. The family requests that all life-saving measures be performed.
What is do not resuscitate (DNR)?
A patient sues a nurse for negligence after a medication error causes harm. This type of civil legal claim falls under:
What is tort law?
A hospital develops policies to ensure staff follow HIPAA regulations. This reflects which attribute of healthcare law?
What is enforcement / compliance mechanisms?
A nurse administers the wrong medication, but the patient experiences no injury. Which element of malpractice is missing?
What is damages / injury?
A nurse delays recording a medication that was just given. Another nurse sees no record and gives the same dose, causing harm.
What is failure to document?
A patient scheduled for surgery asks detailed questions about the procedure and risks. The nurse cannot provide medical advice but ensures the patient understands the process and witnesses the consent form.
What is facilitating informed consent?
The authority for a state Board of Nursing to regulate nursing practice comes from legislation known as the:
What is the Nurse Practice Act?
A hospital must comply with federal, state, and local healthcare regulations. Conflicting rules cause confusion among staff. The administration consults legal experts, implements training, and monitors adherence to avoid fines and license sanctions.
What are attributes of healthcare law?
A nurse repeatedly documents inaccurately despite previous warnings. The licensing board reviews past similar cases to decide whether to suspend the nurse’s license.
What is normative jurisprudence?
During a medication error investigation, EMR timestamps show conflicting documentation from multiple nurses. The patient suffers harm. The court must review the records to determine which nurse or system is legally responsible.
What is shared liability?
A patient with limited English proficiency struggles to understand their care instructions. The nurse must ensure the patient receives full access to care and information without discrimination.
What is Title VI?