Flashcards in legal aspects of nursing Deck (17)
what happens when a nurse does not practice safely?
criminal vs. civil liability
What's civil law?
individuals seek compensation for damages
What's criminal law?
usually involves loss of freedom or imprisonment
failure to take proper care of patient
legal responsibility for your professional behavior. The performance must be prudent in comparison to what another similar professional would do.
Negligence in carrying out professional services by person's licensed to perform these services.
Negligence common to nursing
1.) failure to follow standards of care
2.) " " use ewuipment correctly
3.) failure to communicate
4.) failure to document
5.) failure to assess/monitor
6.) failure to act as a patient advocate
4 elements of malpractice
1.) duty to your patient
2.) breach of duty
3.) injury to your patient
4.) causal relationship b/w breach of duty and patient's injury
ALL MUST BE PRESENT TO PROVE MALPRACTICE
Causes of revocation of nursing license after a due process hearing
fraud, deceptive practices, criminal acts, previous disciplinary acts, gross or ordinary negligence, physical or mental impairment
What's delegation for nursing care?
Responsibility for knowing qualifications and abilities of person you are delegating to. Responsible for any activities delegated. Delegation may be rescinded (cancelled/appealed)
confidentiality with legal and ethical obligations
nurses not usually covered under privileged communication statutes.
Duty to report: child abuse, elder abuse, safety concerns
What does HIPAA stand for?
Health Insurance Portability and Accountability Act
- deals with medical records accessibility
-deals with increased attention to confidentiality
-deals with financial and legal penalties
What is the patient self determination act?
-living will: illinois living will act
-durable power of attorney: power of attorney for health care
Risk management tactics recommended by the joint commission to reduce incident reports (safety reports).
-no longer use many abbreviations
-national safety goals
What does litigation mean?
-the process of taking legal action
-usually only if harm results
-doctrine of "respondent superior" (employer, supervisor also responsible)
What are good samaritan laws?
-provide a shield from tort liability for injury or damages that may occur when voluntarily providing assistance in emergency situations.
-good samaritan act: no fee involved absent of gross negligence