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Flashcards in Healthcare Law Deck (26)
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1
Q

What is an advanced directive

A

A legal document expressing an individual’s desires regarding medical treatment

2
Q

What is a living will?

A

A document that provides written instructions about what the patient wants or will refuse

3
Q

What is the difference between a living will and an advanced directive?

A

A living will is a type of advanced directive

4
Q

What is implied consent?

A

Implied consent is nonverbal consent indicated by a patient’s cooperative actions
EX: If a patient passes out in the ED, then that is implied consent that they want help

5
Q

What is malpractice?

A

Conduct deviated from the standards of practice dictated by the profession

6
Q

What is negligence?

A

It is malpractice by healthcare providers such as doctors and nurses

7
Q

What are constitutional laws governed by?

A

The federal government and they do not have a direct relationship to health care

8
Q

What are statutory law governed by?

A

A legislative body

EX: Nursing laws

9
Q

What are administrative laws governed by?

A

The SBON (State Board of Nursing)

10
Q

Does the state board of nursing protect the nurses or the public

A

The public

11
Q

Does the Kansas State Nurses Association protect nursing or the public

A

Nursing

12
Q

Are student nurses held to the same standard as licensed nurses?

A

Yes

13
Q

What are the five elements of negligence and malpractice?

A
  1. Duty
  2. Breach of Duty
  3. Foreseeability
  4. Causation
  5. Harm
14
Q

Define the “Duty” element?

A

To keep the patient safe

15
Q

Give an example of the Breach of Duty Element

A

forgetting to put the side rail down or call light not within reach

16
Q

Give an example of the foreseeability element

A

The patient could fall down if their side rail was not up and their call light within reach

17
Q

Give an example of the Harm element

A

The patient could end up with a pulmonary embolism from the fall and then they die

18
Q

What time frame does a nurse have to give meds?

A

1 hour before or 1 hour after they are due

19
Q

Is assault verbal or physical?

A

Verbal

20
Q

Is battery physical or verbal?

A

Physical

21
Q

How often must a person have a doctor’s order for a physical restraint?

A

Every 24 hours if someone has a restraint. (An order must be given no matter what)

22
Q

If someone has a physical restraint what must a nurse do to care for the patient?

A
  1. they must be removed periodically so the patient can be re positioned
  2. They should be offered toileting, food, and fluids periodically
  3. Continuous evaluation on necessity of restraint must be done
  4. Check them every 15 minutes to see if there is proper perfusion in the area of the restraint.
23
Q

What are the parts of informed consent?

A
  1. The diagnosis or condition that required treatment
  2. the purposes of the treatment
  3. What the patient can expect to feel or experience
  4. The intended benefits of the treatment
  5. Possible risks or negative outcomes of the treatment
  6. Advantages and disadvantages of possible alternatives to treatment (including no treatment)
24
Q

What should a nurse do if a minor does not you to tell their parents about their sexually transmitted disease?

A

Do not tell the parents, respect their confidentiality.

25
Q

What is the good Samaritan law?

A

designed to protect people offering assistance from

26
Q

Can nurses do anything outside their scope of practice according to the Good Samaritan Law?

A

No