HESI-Leadership and Management Test Correct 100%

Which act provides the laws that control and regulate the nursing practice in each state to protect the public from harm? - Answer Nurse Practice Act What are some requirements of Nurse Practice Acts? - Answer 1. assignments should be commensurate with the nursing personnel's education preparation, skills, experience and knowledge 2. The nurse should supervise the care provided by nursing personnel for which he or she is administratively responsible 3. Sterile or invasive procedures should be assigned to or supervised by RN Documentation is a legal and proessional requirement that includes electronic medical recordsand other notations placed in a client's medical record unintentional torts - Answer negligence and malpractice negligence - Answer performing an act that a reasonably prudent person under similar circumstances would not do, or failing to perform an act that a reasonably prudent person under similar circumstances would do malpractice - Answer Negligence by a professional person four elements necessary to prove malpractice - Answer 1. Duty 2. Breach of duty 3. Injury/Damage (actual physical injury) 4. Causation: a connection exists between conduct and the resulting injury, referred to as proximate cause or remoteness of damage Incident reports alert administration to possible liability claims and the need for investigation; they do not protect against legal actions being taken for negligence or malpractice - Answer intentional torts - Answer assault, battery, invasion of privacy, fraud assault - Answer mental or physical threat (e.g. forcing [without touching] a client to take a medication or treatment battery - Answer actual and intentional touching of one another, with or without the intent to do harm (e.g. hitting or striking a client). If a mentally competent adult is forced to have a treatment he or she has refused, battery occurs invasion of privacy includes - Answer false imprisonment exposure of a person defamation exposure of a person - Answer exposure or discussion of a client's case. After death, a client has the right to be unobserved, excluded from unwarranted operations, and protected form unauthorized touching of the body. defamation - Answer divulgence of privileged information or communication (e.g. through charts, conversations, or observations) fraud - Answer illegal activity and willful and purposeful misrepresentation that would cause or has caused loss or harm to a person or property. two examples of fraud - Answer presenting false credentials for the purpose of entering nursing school, obtaining a license, or obtaining employment (e.g. falsification of records) describing a myth regarding a treatment (e.g. telling a client that a placebo has no side effects and will cure the disease, or telling a client that a treatment or diagnostic test will not hurt, when indeed pain is involved in the procedure) commission of a crime involves - Answer 1. a person commits a deed contrary to criminal law 2. a person omits an act when there is a legal obligation to perform such an act 3. criminal conspiracy occurs when two or more persons agree to commit a crime 4. assisting or giving aid to a person in the commission of a crime makes that person equally guilty of the offense 5. ignoring a law is not usually an adequate defense against the commission of a crime 6. assault is justified for self-defense. how ever, to be justified, only enough force can be used to maintain self-protection 7. search warrants are required before searching a person's property 8. it is a crime not to report suspected child abuse involuntary admission requirees - Answer certification by a health care provider that the person is a danger to self or others individuals have the right to a legal hearing within a certain number of hours or days emergency admission - Answer Any adult may apply for emergency detention of another. However, medical or judicial approval is required to detain anyone beyond 24 hours. 1. A person held against his or her will can file a writ of habeas corpus to try to get the court to hear the case and release the person. 2. The court determines the sanity and alleged unlawful restraint of a person. legal and civil rights of hospitalized clients - Answer the right to wear their own clothes and to keep personal items and a reasonable amount of cash for small purchses the right to have individual storage space for one's own use the right to see visitors daily the right to have reasonable access to a telephone and the opportunity to have private conversation by telephone the right to receive and send mail the right to refuse shock treatments and lobotomy competency hearing - Answer Legal hearing that is held to determine a person's ability to make responsible decisions about self, dependents, or property. Persons declared incompetent have the legal status of a minor--they cannot - Answer vote, make contracts or wills, drive a car, sue or be sued, hold a professional license. A guardian is appointed by the court for an incompetent person. - Answer Declaring a person incompetent can be initiated by - Answer the state or the family insanity - Answer legal term meaning the accused is not criminally responsible for the unlawful act committed because he or she is mentally ill. inability to stand trial - Answer person accused of committing a crime is not mentally capable of standing trial three criteria of inability to stand trial - Answer cannot understand the charge against himself or herself must be sent to the psychiatric unit until legally determined to be competent for trial once mentally fit, must stand trial and serve any sentence, if convinced legally, teh surgical permit must be - Answer written obtained voluntarily explained the the client (informed consent) informed consent means the procedure and treatment or operation has been fully explained to the client, including - Answer possible complications, risks, and disfigurements removal fo any organs or parts of the body benefits and expected results Surgery permits must be obtained as follows - Answer 1. They must be witnessed by an authorized person, such as the HCP or a nurse. 2. They protect the client against unsanctioned surgery, and they protect the HCP and surgeon, hospital, and hospital staff against possible claims of unauthorized operations. 3. Adults and emancipated minors may sign their own operative permits if they are mentally competent. 4. Permission to operate on a minor child or an incompetent or unconscious adult must be obtained from a legally responsible family member or guardian. the law does not require written consent to perform medical treatment - Answer treatment can be performed if the client has been fully informed about the procedure treatment can be performed if the client voluntarily consents to the procedure if informed consent cannot be obtained and immediate treatment is required to save life or limb, the emergency laws can be applied requirements of verbal consent - Answer describes in detail how and why verbal consent was obtained placed in the client's record or chart witnessed and signed by two persons verbal or written consent can be given by - Answer alert, coherent, or otherwise competent adults a parent or legal guardian a person in loco parentis (a person standing in for a parent with a parent's rights, duties, and responsibilities) incases of minors or incompetent adults consent of minors - Answer 1. Minors 14 years of age and older must agree to treatment along with their parents or guardians. 2. Emancipated minors can consent to treatment themselves. Be aware that the definition of an emancipated minor may change from state to state. emergency care - Answer A. Good Samaritan Act. B. A nurse is required to perform in a "reasonable and prudent manner"