Professional Nursing III - Final Exam Review Questions and Answers.
nursing laws
state statutory laws
statutory laws that affect practice of nursing
-statutes of limitations
-protection & reporting laws
-natural death acts
-informed consent laws
civil law
deals w/ rights & duties of private persos
tort
a civil wrong committed against an individual or an individual's property
unintentional torts
-negligence
-malpractice
negligence
-conduct that deviates from what a reasonable person would do in a particular circumstance
-may be d/t carelessness
negligent act
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
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
-"reasonable person" standard different for specific professional occupations
-includes acts & omissions committed by a professional while performing their professional duties
professional negligence (malpractice)
Failure to meet the standard of conduct for one's profession may be considered...
standard
conduct 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
Any negligent act or omission, however unintentional, may jeopardize...
standards of conduct of those who are qualified
Anyone, qualified or not, who performs skills associated w/ a profession is held to...
nursing students
held to the same standard of conduct as licensed nurse
elements of professional negligence or malpractice
-duty
-breach of duty by commission or omission
-foreseeability
-causation
-injury ofr harm
purpose of malpractice lawsuit
to award damages to restore plaintiff to original position as dar as possible
respondeat superior
employers may be held liable for employee's negligence
res ipsa loquitur
harm that cannot be traced to a specific person or standard, but doesn't normally occur w/o some type of negligence
statute of limitations
-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
-professional negligence
-individual fails to meet the standards of conduct for the profession
intentional tort
separated from negligence & malpractice by willful nature & intent behind action
intentional torts
-assault
-battery
-false imprisonment
-invasion of privacy
assault
-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
-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
-unjustified detention of a person w/o legal warrant
-includes confining pt to bed w/ intent to restrict pt's freedom
standards of care
prohibit nurse from forcing pts to participate in Tx & from engaging in any action against pt's will
client rights violation
placing a client in restraints before using other interventions -- right to receive Tx in least restrictive env.
most healthcare agencies
have policies & procedures specifying to whom, under what circumstances pt info can be released
nurse needs to inform client
if info regarding client health will be shared w/ the healthcare team
consent must be given from client
for release of info & identifying specific info such as medical Dx
medication errors
must be clearly documented & discussed w/ pts
older & hospitalized pts
may become confused by:
-procedures
-meds
-changes in env.
negligence
Any pt issue that is not addressed by nurse could ultimately result in a complaint of...
may be a cause of malpractice
incorrect identification of pt
malpractice claim
Poor communication coupled w/ a negative outcome increases chance of a...
accurate documentation & reporting
provide info to support or refute allegations of malpractice
statutory laws
-Nurse Practice Act
-Good Samaritan Law
-Advance Directives
-Child & Adult abuse laws
constitutional laws
-must be universally followed
-ex: Right to Privacy
breach of duty
duty to administer meds & gives wrong dose
foreseeability
what will happen if I fail to do something -- acts of omission
duty to pts
nurse-pt relationship formation
causation
what led to the outcome -- must be proven that the nurse's breach of duty led to outcome
turning pt Q2H
A nurse has an order for a client under her care to be turned every 2 hours. Client is frail and cachectic. The nurse is aware of the order but has a heavy patient load , forgets to turning the client every 2 hours. The nurse has been caring for this client two days in a raw. Client develops a stage 2 pressure injury over her coccyx. The nurse failed to turn the patient which resulted in physical harm. The breach of duty is...
strategies to prevent negligence
-5 rights of med administration
-communication: verbal, timely, & complete documentation
-know how to use equipment in your workplace
-appropriate care w/in scope of practice
-appropriate mentoring
-be aware of Nurse Practice Act & the administrative rules that form the basis of the standards of care that nurses are held to
Emergency Medical Treatment & Active Labor Act (EMTALA)
-federal law enacted in 1986
-specific to emergency departments
-"anti-dumping law"
original intent of EMTALA
prevent hospitals from transferring uninsured or Medicaid pts w/o a minimum of a medical screening to ensure pts were stable to transfer
3 legal duties of EMTALA
-appropriate medical screening exam to determine whether or not an EMERGENCY MEDICAL CONDITION (EMC) exists
-if EMC exists, the hospital must stabilize the condition or if unable to stabilize the pt, must transfer to a facility that is capable of stabilizing the condition
-hospitals w/ specialized capabilities are required to accept appropriate transfers of pts who require such services (if has capacity)
not asked about medical insurance when was admitted to ED and prior to screening exam.
A client in the emergency department receives medical screening exam. According to the findings, client is admitted, client was...
informed of reason to transfer & be in agreement
According to EMTALA, if a pt is being transferred to another facility to stabilize the medical condition, they must be...
emergency medical condition (EMC)
a condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in placing the individual's health [or the health of an unborn child] in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of bodily organs
triage
does NOT constitute a medical screening exam
all pts
get the exact same medical screening processes based on chief complaints & medical conditions
medical screenings
-performed regardless of ability to pay
-may include labs, radiology, or other services
-performed by a Qualified Medical Practitioner (QMP)
-primarily conducted by physicians
medical screening exam, but on-call OB must be the QMP of record
If permitted by the states Nurse Practice Act, specially trained L&D nurses may be able to conduct the...
stabilize the EMC to point where deterioration of the condition is likely to result from or occur during transfer
According to EMTALA, before transferring pt to other medical facility to stabilize the condition, the site is required to...
accepting facility -- can't just call ambulance
According to EMTALA, before transferring pt to other medical facility to stabilize the condition, you must find an...
EMTALA requirements
-must keep a list of specialty physicians: "on call" list in the ED
-establish transfer policies
-obtain pt consent for transfer
-documentation requirements & forms
-mental health considerations
EMTALA
-can't turn away exposures of infectious nature (i.e., ebola, TB)
-doesn't apply to outpatient clinics associated w/ a facility
-no longer applies once a pt has been admitted/appropriately transferred
nursing responsibilities for EMTALA
-don't hold off on triage until insurance status is known
-ensure pt is stabilized prior to transfer
-document!
-communicate w/ receiving facility
mandatory reporting
refers to a legal requirement to report an act, event, or situation that is designated by state or local law as a reportable event
included in mandatory reporting
-abuse/neglect including suspect
-injuries: dog bites, GSWs (particular to ED)
-SA
-conduct that is incompetent, unethical or illegal (may involve coworkers)
STIs
transmitted directly to the appropriate health department
infection prevention staff
takes care of detailed reporting r/t infectious diseases
HIV
only infectious disease that needs to be reported on paper instead of electronically
Illinois law
-protects the identity of all mandated reporters and gives them immunity from liability as a result of good faith reports
-any mandated reporter who fails to report an instance of child abuse or neglect commits a crime and may be prosecuted
mandated reporters
-healthcare
-education
-law enforcement
-social work
health policies
-laws
-regulations
-government agency guidelines
-positions statements
-resolutions
-budget priorities
statute
a law in public health
regulation
a rule in public health
legislative branch
makes the laws
executive branch
enforces the laws
judicial branch
evaluates the laws
Department of Health & Human Services (DHHS)
-has 12 operating divisions w/ 9 agencies in the US Public Health Service & 3 human service agencies
-conduct life-saving research for the nation
the Office of the Secretary (OS)
-HHS's chief policy officer & general manager
-administers & oversees the DHHS, its programs, & its activities
programs & services provided by the DHHS
- 100 programs across its operating divisions
-protect the health of all Americans & provide essential human services, esp. for those who are least able to help themselves
DHHS
largest grant-making agency in the US
DHHS grants
most are provided directly to states, territories, tribes, & educational & community organizations, then given to ppl & organizations who are eligible to receive funding
DHHS laws & regulations
agencies create regulations (rules) under the authority of Congress to help gov. carry out public policy
food assistance for Women, Infants, & Children (WIC)
those eligible for this are women & children who are:
-pregnant, breastfeeding, or just had a baby
-infants & children 5 y/o (including foster children)
-families w/ low-to-medium income
Children's Health Insurance Program (CHIP)
-low-cost health coverage for children in families that earn too much money to qualify for Medicaid
-some states cover pregnant women
-works closely w/ its state Medicaid program
what CHIP covers
-routine check-ups
-immunizations
-Dr. visits
-Rxs
-dental & vision care
-inpatient & outpatient hospital care
-lab & X-ray services
-emergency services
Family Case Management (FCM)
program that provides comprehensive service coordination to improve the health, social, education, & developmental needs of pregnant women & infants from low-income families in the communities of Illinois
eligibility for FCM
-pregnant
-child 1 y/o
-on Medicaid
-part of a low-income family
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Professional Nursing III - Final Exam
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