CANS Exam 2 Review
● Be able to identify an example of civil law
○ Defined: recognizes and enforces the rights of the individuals in disputes over
legal rights or duties of individuals in relation to one another. In civil cases, the
party judged responsible for the harm may be required to pay compensation to the
injured party.
○ Example:Think Simpson … he was not accused of murder in criminal court but
lost civil court and was told to pay for his crime to jessica’s parents
○ How to avoid:
■ Preventing legal problems in nursing practice
● Practice safely
● Communicate with other health professionals
● Delegate wisely “5 rights”
● Meet or exceed standard of care
● Promote positive interpersonal relationships
● Be able to identify the scope and responsibilities of the nursing practice act
○ Nursing Practice Act in each state accomplishes at least 4 objectives
■ Defines the practice of professional nursing
■ Sets the minimum educational qualifications and other requirements for
licensure
■ Determines the legal titles and abbreviations nurses may use
■ Provides for disciplinary action of licensees for certain causes
● Most common reason nurses are disciplined by board of nursing
○ Nurses are estimated to misuse drugs and alcohol at approx. the same rate as the
general population 10-15%
● Social media etiquette
1
,●
● What to do if a medication order looks incorrect-
○ If the medication order look incorrect then the nurse would have to report it to the
charge nurse
● Responsibility of the RN regarding delegation of tasks
○ For determining that the delegated person (delegatee) is competent to perform the
delegated act. RN remains legally liable for the nursing acts delegated to others
unless the delegatee is also a licensed professional whose scope includes the
assigned act. (Ex. RN can assigned an unlicensed CNA who has been properly
trained to take vitals of all patients under RN’s care...CNA cannot reassign, and
RN remains accountable for the data the CNA collects, interpreting it and acting
on them accordingly)
○ RN asks another RN to take vital signs, second RN becomes completely
responsible
● Assault and battery – what would be a defense for a nurse?
○ Assault: is a threat or an attempt to make bodily contact with another person
without the person’s consent
○ ASSAULT PRECEDES BATTERY: it causes the person to fear the battery is
about to occur.
○ Battery: is the assault carried out: the impermissible, unprivileged touching of one
person by another.
● Informed consent – nurse’s responsibility to obtain-
2
, ○ All patients or their guardians must be given an opportunity to grant informed
consent before treatment unless life-threatening emergency; 3 major conditions of
informed consent
■ Consent must be given voluntarily
■ Consent must be given by an individual with the capacity and competence
to understand
■ The patient must be given enough information so that the locus of the
decisions lies within the patients and not the provider
○ The role of nurses, unless they are themselves primary providers, its to
collaborative with the primary provider, most often the physician; A nurse may
witness a patient’s signing, but is not responsible for explaining the proposed
treatment
● HIPAA – when can information be shared and when not
○ The Health Insurance Portability and Accountability Act of 1996 is the first
federal privacy standard governing protection of patient’s medical records.
○ Patient are able to see and obtain copies of their medical records, must be
provided to the patient within 30 days
○ By law, a patient’s health information can be used and shared for specific reasons
not directly related to their care, like making sure doctors give good care, making
sure nursing homes are clean and safe,reporting when the flu is in your area, or
reporting as required by state or federal law.
○ Patients can request that their health records not be shared with certain people,
groups, or companies
○ Patients can request how and where they are contacted regarding any health
issues.
● Meeting standards of care for nursing
○ Involves being technically competent, keeping up to date with health care
innovations, being aware of peer expectation, and participating as an equal on the
health care team.
3
● Be able to identify an example of civil law
○ Defined: recognizes and enforces the rights of the individuals in disputes over
legal rights or duties of individuals in relation to one another. In civil cases, the
party judged responsible for the harm may be required to pay compensation to the
injured party.
○ Example:Think Simpson … he was not accused of murder in criminal court but
lost civil court and was told to pay for his crime to jessica’s parents
○ How to avoid:
■ Preventing legal problems in nursing practice
● Practice safely
● Communicate with other health professionals
● Delegate wisely “5 rights”
● Meet or exceed standard of care
● Promote positive interpersonal relationships
● Be able to identify the scope and responsibilities of the nursing practice act
○ Nursing Practice Act in each state accomplishes at least 4 objectives
■ Defines the practice of professional nursing
■ Sets the minimum educational qualifications and other requirements for
licensure
■ Determines the legal titles and abbreviations nurses may use
■ Provides for disciplinary action of licensees for certain causes
● Most common reason nurses are disciplined by board of nursing
○ Nurses are estimated to misuse drugs and alcohol at approx. the same rate as the
general population 10-15%
● Social media etiquette
1
,●
● What to do if a medication order looks incorrect-
○ If the medication order look incorrect then the nurse would have to report it to the
charge nurse
● Responsibility of the RN regarding delegation of tasks
○ For determining that the delegated person (delegatee) is competent to perform the
delegated act. RN remains legally liable for the nursing acts delegated to others
unless the delegatee is also a licensed professional whose scope includes the
assigned act. (Ex. RN can assigned an unlicensed CNA who has been properly
trained to take vitals of all patients under RN’s care...CNA cannot reassign, and
RN remains accountable for the data the CNA collects, interpreting it and acting
on them accordingly)
○ RN asks another RN to take vital signs, second RN becomes completely
responsible
● Assault and battery – what would be a defense for a nurse?
○ Assault: is a threat or an attempt to make bodily contact with another person
without the person’s consent
○ ASSAULT PRECEDES BATTERY: it causes the person to fear the battery is
about to occur.
○ Battery: is the assault carried out: the impermissible, unprivileged touching of one
person by another.
● Informed consent – nurse’s responsibility to obtain-
2
, ○ All patients or their guardians must be given an opportunity to grant informed
consent before treatment unless life-threatening emergency; 3 major conditions of
informed consent
■ Consent must be given voluntarily
■ Consent must be given by an individual with the capacity and competence
to understand
■ The patient must be given enough information so that the locus of the
decisions lies within the patients and not the provider
○ The role of nurses, unless they are themselves primary providers, its to
collaborative with the primary provider, most often the physician; A nurse may
witness a patient’s signing, but is not responsible for explaining the proposed
treatment
● HIPAA – when can information be shared and when not
○ The Health Insurance Portability and Accountability Act of 1996 is the first
federal privacy standard governing protection of patient’s medical records.
○ Patient are able to see and obtain copies of their medical records, must be
provided to the patient within 30 days
○ By law, a patient’s health information can be used and shared for specific reasons
not directly related to their care, like making sure doctors give good care, making
sure nursing homes are clean and safe,reporting when the flu is in your area, or
reporting as required by state or federal law.
○ Patients can request that their health records not be shared with certain people,
groups, or companies
○ Patients can request how and where they are contacted regarding any health
issues.
● Meeting standards of care for nursing
○ Involves being technically competent, keeping up to date with health care
innovations, being aware of peer expectation, and participating as an equal on the
health care team.
3
