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Legal implications in Nursing
Chapter 23
45
Nursing
Undergraduate 4
09/23/2009

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Cards

Term
What is the uniform anatomical gift act?
Definition
issues r/t organ donation
Term
What is the mental health parity act of 1996?
Definition
Term
what are the two parts to HIPPA?
Definition

1. it protects clients and employees regarding insurance coverage

2. there is no loss with transfer to another job if there is a preexisting coverage exclusion

Term
what is privacy?
Definition
rules to protect clients privacy, need conset for use or disclose med info, make amendments and access.
Term
what are the nurse practice acts?
Definition
they describe and define the legal boundaries of ursing practice within each state
Term
What are regulatory law (administrative law)?
Definition
it reflects decisions made by administrative bodies such as state boards of nursing when they pass rules and regulations. 
Term
what is common law?
Definition
results from judicial decisions made in courts when individual legal cases are decided.  (informed consent and client's right to refuse treatment, negligence and malpractice)
Term
What is the nursing home reform act 1987?
Definition
residents in certified nursing homes have the right to be free of and inappropriate restratints.
Term
what is cms 2004?
Definition
clients have the right to be free
Term
what are the TJC 2006 guidelines regarding restraints?
Definition

1. only use to ensure physcial safety

2. when less restrictive interventions are not successful

3. only on written order of physician or HCP

Term
what is the national organ transplant act of 1984?
Definition
it prohibis the purchase or sale of organs
Term
what are criminal laws?
Definition
they prevent harm to society and provide punishment for crimes
Term
what is a felony?
Definition
a crime of a serious nature that has a penalty of imprisionment for greater than 1 year or even death
Term
what is a misdemeanor?
Definition
a less serious crime that has a penalty of a fine or imprisonment for less than 1 year
Term
what do civil laws do?
Definition
they protect the rights of individual persons within our society and encourage fair and equitable reatment among people
Term
What are the standars of care?
Definition
they are legal guidelines for nursing practice and provide the minimum acceptable nursing care
Term
What does the joint commission regquire that hospitals have?
Definition
that they have written nursing policies and procedures. 
Term
what is the americans with disabilities act (ADA)?
Definition
it protects the right os diabled people.  It is also the most extensive law on how employers must treat health care workers and clients infected HIV
Term
what is the emergency medical treatent and active labor act?
Definition
provides that when a client comes to the emergency department or the hsospiral, an appropriate medical screening occurs within the hospital's capacity.
Term
how often does a person with restraints need to be visually checked on?
Definition
every 15 min
Term
what are nurisng issues and state statues?
Definition
its licensure which is regulated by each state
Term
what is the good samaritan act 1997?
Definition
encourages nurses to stop and help if there is an accident.  Limits liability and offeres immunity.  some states requre that nurses stop if there is an acccident
Term
what are public health laws?
Definition
they protect the public's health, advocating for the rights of people,regulating health care and health care financing, and ensureing professional accountability ofor the care provided
Term
what is the uniform determination of death act 1980?
Definition
there is the cardiopulmonary and whole brain standard
Term
what is the cardiopulmonary standard?
Definition
it is the irreversible cessation of circulatory and respiratory function
Term
what is the whole brain standard?
Definition
it is the irreversible cessation of all function of the entire brain including the brain stem.  It is also the legal definition of death that facilitates organ donation.
Term
what is the oregon death with dignity act 1994?
Definition
the 1st state to permit physcian or HCP assisted sucide.  guidelines inclued the person has terminal disease and is competent when decision is made.
Term
what is the ethical dilemma of assisted suicide?
Definition
automony/ self-determination vs integrity of practice. we are suppose to meet people's needs so they can live out their life with dignity while being as pain free as possible.
Term
what are ANA feelings on assisted suicide?
Definition
assisted suicide violates the code for nurses professional role of integrity
Term
what are torts?
Definition
a civil wrong made againts a person or property
Term
what is an intentional tort?
Definition
assault, battery, invasion of privacy, defamation of character, and false imprisionment. 
Term
What is an unintentional tort?
Definition
negligence and malpractice
Term
what is negligence?
Definition
conduct that falls below the standards of care
Term
When can nurses be found liable of negligence?
Definition
Owed duty to a client
Did not carry out that duty
Client was injured
Nurse’s failure to carry out that duty caused the injury
Term
what are common neligent acts?
Definition
Failure to assess, including making a nursing diagnosis (time, equipment, documentation)
Failure to Notify,Failure to follow orders,
Failure to follow 6 rights
Failure to convey D/C instructions
Failure to ensure safety
Failure to follow policies and procedures
Failure to delegate and supervise
Term
what is a consent?
Definition
a signed paper required for all routine treatment, hazardous procedures, some treatments and research.
Term
what does verbal consent require?
Definition
two person confirmation
Term
what is conformed consent?
Definition
a client has the right to be fully informed of the risk, benefits and alternatives and consequences of refusal for any surgery or invasive procedure. 
Term
whos durty is it to inform and disclose the facts in a manner that is understandable to the client?
Definition
the physician
Term
what can the failure to obtain consent result in?
Definition
claims of battery and lawsuits for negligence
Term
When is the exception to consent?
Definition
in the case of an emergency
Term
who can legally sign a consent?
Definition
individuals of legal age, underage but married, emancipated minor, a parent or legal guardian of minor, spouse, conservators, court ordered, telepone consent, and emergency consents
Term
What is risk management?
Definition
a system for ensuring appropriate nursing care and identifying hazards before harm is done to a client.
Term
what are the steps to take in risk management?
Definition
Identify possible risks
Analyze those risks
Act to reduce the risk
Evaluate the steps taken
Incident/Occurrence reports
Term
How do you avoid legal issues as a nurse?
Definition
Follow standards of care
Give competent care
Communicate with health care workers
Develop a good therapeutic caring relationship (rapport)
Document, document, Document (accurately, completely, timely, factually, legibly)
Stay current with your knowledge of your practice
Know your clients
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