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Flashcards in legal aspects of nursing Deck (17)
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1

what happens when a nurse does not practice safely?

criminal vs. civil liability
negligence
malpractice

2

What's civil law?

individuals seek compensation for damages

3

What's criminal law?

usually involves loss of freedom or imprisonment

4

What's negligence?

failure to take proper care of patient

5

What's liability?

legal responsibility for your professional behavior. The performance must be prudent in comparison to what another similar professional would do.

6

What's malpractice?

Negligence in carrying out professional services by person's licensed to perform these services.

7

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

8

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

9

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

10

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 Delegation may be rescinded (cancelled/appealed)

11

confidentiality with legal and ethical obligations

nurses not usually covered under privileged communication statutes.
Duty to report: child abuse, elder abuse, safety concerns

12

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

13

What is the patient self determination act?

-Advanced directives
-living will: illinois living will act
-durable power of attorney: power of attorney for health care

14

Risk management tactics recommended by the joint commission to reduce incident reports (safety reports).

example: handoffs
-no longer use many abbreviations
-medication management
-national safety goals

15

What does litigation mean?

-the process of taking legal action
-usually only if harm results
-doctrine of "respondent superior" (employer, supervisor also responsible)

16

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

17

How to prevent malpractice?

Practice in a safe setting

Communicate with other healthcare professionals, patients, and family (do you need permission?)

Delegate wisely

Meet or exceed standards of care

Professional liability insurance
respondeat superior

Promote positive interpersonal relationships