Review Questions and Answers
Nursing laws – answer
state statutory laws
statutory laws that affect practice of nursing - answer-statutes of limitations
-protection & reporting laws
-natural death acts
-informed consent laws
civil law – answer deals w/ rights & duties of private person
tort – answer a civil wrong committed against an individual or an individual's property
unintentional torts - answer-negligence
-malpractice
negligence - answer-conduct that deviates from what a reasonable person would do in a
particular circumstance
-*may be d/t carelessness*
negligent act – answer occurs when an individual damages person or property w/o
intent to injure
in a legal action to establish negligence, the injured party must prove – answer that...
-the other party had a duty of reasonable care
-the other party didn't maintain reasonable care
-failure to maintain reasonable care caused injuries to aggrieved party
malpractice - answer-"reasonable person" standard different for specific professional
occupations
-includes acts & omissions committed by a professional while performing their
professional duties
professional negligence (malpractice) - answerFailure to meet the standard of conduct
for one's profession may be considered...
standard - answerconduct of reasonably skilled, competent, & experienced person who
is a qualified member of the group authorized to engage in that activity
nurse's license & pt safety - answerAny negligent act or omission, however
unintentional, may jeopardize...
,standards of conduct of those who are qualified - answerAnyone, qualified or not, who
performs skills associated w/ a profession is held to...
nursing students - answerheld to the same standard of conduct as licensed nurse
elements of professional negligence or malpractice - answer-duty
-breach of duty by commission or omission
-foreseeability
-causation
-injury ofr harm
purpose of malpractice lawsuit - answerto award damages to restore plaintiff to original
position as dar as possible
respondeat superior - answeremployers may be held liable for employee's negligence
res ipsa loquitur - answerharm that cannot be traced to a specific person or standard,
but doesn't normally occur w/o some type of negligence
statute of limitations - answer-amount of time that can pass between recognition of
harm & bringing of suit
-varies by type of suit
-varies by state
-application to minors varies from state to state
-some states have extended time limits for certain types of injuries
malpractice - answer-professional negligence
-individual fails to meet the standards of conduct for the profession
intentional tort - answerseparated from negligence & malpractice by willful nature &
intent behind action
intentional torts - answer-assault
-battery
-false imprisonment
-invasion of privacy
assault - answer-act of creating an apprehension of offensive, insulting, or physically
injurious touching
-includes threatening a pt who refuses to agree to a nursing action
battery - answer-willful touching or apprehension of touching that's unwanted,
embarrassing, unwarranted
-includes touching w/o permission, giving an injection w/o consent, & forcing a pt to
ambulate against their will
, false imprisonment - answer-unjustified detention of a person w/o legal warrant
-includes confining pt to bed w/ intent to restrict pt's freedom
standards of care - answerprohibit nurse from forcing pts to participate in Tx & from
engaging in any action against pt's will
client rights violation - answerplacing a client in restraints before using other
interventions -- right to receive Tx in least restrictive env.
most healthcare agencies - answerhave policies & procedures specifying to whom,
under what circumstances pt info can be released
nurse needs to inform client - answerif info regarding client health will be shared w/ the
healthcare team
consent must be given from client - answerfor release of info & identifying specific info
such as medical Dx
medication errors - answermust be clearly documented & discussed w/ pts
older & hospitalized pts - answermay become confused by:
-procedures
-meds
-changes in env.
negligence - answerAny pt issue that is not addressed by nurse could ultimately result
in a complaint of...
may be a cause of malpractice - answerincorrect identification of pt
malpractice claim - answerPoor communication coupled w/ a negative outcome
increases chance of a...
accurate documentation & reporting - answerprovide info to support or refute allegations
of malpractice
statutory laws - answer-Nurse Practice Act
-Good Samaritan Law
-Advance Directives
-Child & Adult abuse laws
constitutional laws - answer-must be universally followed
-ex: Right to Privacy
breach of duty - answerduty to administer meds & gives wrong dose