SOLVED QUESTIONS FULL SOLUTION
◉ Constitutional Law Answer: derived from federal and state
constitutions.
◉ Statutory law Answer: derived from statutes passed by the US
Congress and state legislatures. Laws are either civil or criminal.
◉ Civil law Answer: protect the rights of individuals and provide for
fair and equitable treatment when civil wrongs or violations occur.
◉ Nurse Practice Acts Answer: civil state laws that define nursing
and the standards you must meet within individual states, states
that you have a duty to care for your patients
laws intended to protect citizens, make nurses accountable, and
ensure that care is consistent with best practice within the scope
and standards of nursing; creation of state board of nursing or
nursing commission.
◉ Criminal laws Answer: protect society and provide punishment
for crimes, which are defined by municipal, state, and federal
legislation
,◉ Administrative law(regulatory law) Answer: more clearly defines
expectations of civil and criminal laws. State that duty to take care of
patients means will observe, assess, diagnose, plan, intervene, and
evaluate patient care; also the process to report incompetent or
unethical nursing conduct to SBN.
◉ Common law(implied laws) Answer: originates from decisions
that were made in the absence of law.
◉ Case law Answer: describes decisions made in legal cases that
were resolved in courts
◉ Scope of nursing practice Answer: defines nursing and reflects the
values of the nursing profession
◉ Standard of nursing care Answer: reflect the knowledge and skills
ordinarily possessed and used by nurses; derived from health care
laws, best practice guidelines, professional organization white
papers, evidence-based nursing knowledge, and citizen advocacy
groups.
◉ Standard of proof Answer: what a reasonably prudent nurse
would do under similar circumstances in the geographic area in
which the alleged breach occurred.
,◉ Malpractice: Answer: result of nursing care falling below
standards of care. Must include: nurse assuming duty of care, duty
was breached, physical harm occurred, and damage/monetary
compensation allowed.
◉ Omnibus Reconciliation Act of 1987 Answer: mandated that
skilled nursing facility residents are given rights; greater focus on
elderly care, addressed use of restraints & established definition,
last resort & require orders needs hourly assessment & close
monitoring
◉ Patient Protection and Affordable Care Act, now knows as just
ACA: characterized by four themes embedded in nursing practice:
Answer: 1. Consumer rights and protection
2. Affordable healthcare coverage
3. Increased access to care
4. Quality of care that meets the needs of patients
◉ ACA intended to reduce overall medical costs by: Answer: 1.
Providing tax credits
2. Increasing insurance company accountability for premiums and
rate increases
3. Increasing the number of choices available to patients to select
insurers that best meet their needs.
, ◉ ACA intended to: Answer: -Reduce costs
-Increase insurance company accountability
-Increase choice in insurance companies
◉ Unintended consequences of ACA: Answer: -High cost of medical
insurance/no access unless employed
-Ineligibility for financial assistance for coverage
-Some states chose not to expand Medicaid coverage
◉ Emergency Medical Treatment and Active Labor Act (EMTALA):
Answer: Prohibits the transfer of patients from private to public
hospitals without appropriate screening and stabilization;
prevented patient dumping. Pt must be stabilized before transfer or
discharge.
◉ Health Insurance Portability and Accountability Act (HIPAA):
Answer: -Provides rights to patients and protects employees
-establishes patient rights regarding privacy of their health care
information and records.
-Established patient's right to consent to the use and disclosure of
protected health information, to inspect and copy one's medical
record, to amend mistaken or incomplete information; limits who
can access patient's records.