Complex set of rules and regulations that has developed in response to the needs of society
Prescribe proper behavior in society; they sanction acceptable behavior and prohibit unacceptable behavior
Purpose of laws?
Purpose: Fundamental legal duties, and also provides protection for all members of the health care system
Purpose of what?
How are laws established?
1. federal state, and local governments develop statutory law; and 2. common law, or case law, involves in response to specific legal questions that come before the court and usually follows precedent
Previous rulings on an issue
Lawsuit in a civil court
Plaintiff writes a statement
Person alleged to be liable
Compensation that the plaintiff is seeking
Court order that notifies the defendant of legal action
An attorney prepares and files an answer. What is an answer?
It is a detailed response to the charges outlined in the complaint. Where defendant either admits or denies any or all of the allegations made in the complaint
Discovery � litigation phase
Pretrial process allowing both sides to interview witness and look at documents
Question and answer session out of court statements under oath during which attorneys ask the witness questions relating to the issues of the lawsuit.
What tools are used to serve the process of discovery in the litigation process?
Getting depositions from witnesses or the defended, interrogatory is written from one party for the other party, request for production of documents and things, and requests party to admit or deny certain statements in order to stream like the factual presentation of the case.
Written question that one party sends to the other party, to which an answer is obligatory in written
Request for Production of Documents and Things
Instrument for discovering and obtaining such documents as policies and procedures, standards of care, medical records, assignment sheets, personnel files, equipment maintenance records, birth certificates, marriage certificates, medical bills, and other documents pertinent to the issues at hand.
Appeal � part of litigation process
Request a review of the decision � so that a higher court can review the decision
Characteristics of criminal law
conduct at issue is offensive to society in general and detrimental to society as a whole, law involves public offenses (robbery, murder), purpose of law is to punish for the crime and deter and prevent further crimes
what is this?
Characteristics of civil law
Conduct at issue violates a person�s rights and is detrimental to that individual, law involves an offense that is against an individual, laws purpose is to make the aggrieved person whole again, to restore the person to where he or she was
What is all this?
What is the purpose of civil law?
Purpose: make the aggrieved person whole again, to restore the person to where he or she was
Purpose of what?
What is the purpose of criminal law
Purpose: punish for the crime and deter and prevent further crimes
Purpose of what?
In a criminal trial, the defendant is answerable for a crime against _____?
The People � criminal law concerns crimes against society rather than individuals
Who is answerable to the People? In what kind of trial?
Consider and decide � a judge or jury does this during criminal trial
For a criminal trial, defendant can appeal a guilty verdict if?
Can if there was an error either 1. in the process in which the conviction was obtained or 2. by the court during the proceedings
Can do what?
Being responsible for one�s own actions
In the nurse-patient relationship, the nurse accepts the role of _______ for the patient.
Advocate � one who defends or pleads a cause or issue on behalf of another
Legal and ethical obligation to safeguard the patient�s interest. Defends or pleads a cause or issue on behalf of the patient
Landmark case that addressed nursing liability was?
Darling vs. Charleston community memorial hospital
Why is this case important?
Darling vs. Charleston community memorial hospital
Pts. Developed gangrene after a cast put on his leg and had to amputate. Held nurses liable alone with physician because staff failed to adhere to the standards of care
Standards of care
Acts whose performance is required, permitted, or prohibited. Derive from federal and state laws, rules, and regulations, and codes governing other professional agents and organizations such as the ANA and CAN (Canadian nurses association)
American nurses association
Canadian nurses association
Standards of care couples with scope of nursing practice gives?
It gives direction to you as a practicing nurse, spelling out what you have the obligation to do, what you have permission to do, and what you are prohibited from doing for patients
Nursing liability falls into what areas?
Practice, monitoring, and communication
Areas of what?
Nurse practice acts
Laws formally defining and limiting the scope of nursing practice
Basic legal mandates to practice as an LVN are?
1. apply for licensure in the state or province in which one wants to practice, meet all licensing requirements, pass the computerized licensing examination, and maintain a current license
A legal agreement which allows multistate practice of nursing
You are liable for acts of?
Commission (doing an act) or omission (not doing an act) performed in the course of your professional duty
Doing an act
Not doing an act
Professional negligence. Which is a legal action that a nurse can be charged with
What elements must be present for you to be held liable for a court to uphold the charge of malpractice?
1. duty exists � nurse patient relationship establishes a duty 2. breach of duty � failure to perform the duty in a reasonable prudent manner 3. harm has occurred � doesn�t have to be physical injury 4. breach of duty was proximate cause of the harm � occurrence of harm depended directly on the occurrence of breach
Need all this for what?
American hospital association
The AHA (American hospital association) developed what and when regarding the health care services pts� receive?
They developed patient�s bill of rights in 1972
The patient�s bill of rights is now known as?
Patient care partnership: understanding expectations, rights, and responsibilities
Also known as?
The joint commission
TJC accredits what?
They accredit health care facilities and monitors them to ensure that they are in compliance which all them to ensure that they are in compliance with al applicable laws, rules and regulations
The patient self-determination act
Regulates any institution receiving federal funding. Requires the institutions maintain written policies and procedures regarding advance directives, the right to accept or refuse treatment, and the right to participate fully in heal care-related decisions
Health insurance portability and accountability act of 1996
When did HIPAA take effect?
Took effect on April 14, 2003
A important area of HIPAA is?
Its important area relates to health care providers� duty to protect the confidentiality of all health information.
Important area of what?
The patient care partnership establishes?
The patient�s right to make decisions regarding his or her health care
Doctrine of informed consent
Refers to full disclosure of the facts the patient needs to make an intelligent (informed) decision before any invasive treatment or procedure is performed.
Civil battery also known as?
Also known as?
Unlawful touching of a person; an intent to harm is not necessary
As a nurse, if you see the patient sign the consent after receiving informed consent you are?
You are only witnessing the signature
When is this true?
When can patients medical records be allowed to be seen by people other than those in that need to know?
In a lawsuit, both parties are permitted to use the patient�s medical record to argue facts of the case
Child abuse prevention treatment act of 1973
Makes reporting of child abuse mandatory
Withholding medical treatment to an infant born with serious, life-threatening handicaps is a form of?
It is a form of child abuse
Legal action that a nurse may be charge with for failing to meet the?
If not meeting standards of care
What happens if one doesn�t meet standard of care?
Withholding lifesaving treatment and care ; letting a person die
Professional neglect also known as?
also known as?
What are different forms of abuse?
Child, spousal and elderly abuse. And workplace violence
What kinds of form of workplace violence include?
Verbal abuse, emotional abuse, sexual harassment, physical assault, and threatening behavior.
Where are these kinds of abuse found?
An important legal presumption to remember is?
�care was not given if it was not charted.�
What are the types of policies?
1. claims made policy 2. occurrence basis policy
Claims made policy
This protects you when the claim(s) for nursing or negligence is made while the policy is in force (during the period or during extended coverage)
Occurrence basis policy
This protects you against claims made about event(s) that occurred during the policy period or extended coverage period.
Extended coverage for periods when a nurse is exposed to professional liabilities but no longer has a claims made policy
Refers to values that influence a person�s behavior and the individual�s feelings and beliefs about what is right or wrong
Involve moral values and principles that affect personal and professional conduct
Most institution�s policies cover what liability of nurse?
Nurse only covered only if on duty and acting within proper capacity
Personal beliefs about the worth of an abject, an idea, a custom, or an attitude
Process of self-evaluation that helps you gain insight into your personal values
Situations that do not have a clear right or wrong answer
Ethical principle; refers to freedom of personal choice, a right to be independent and make decisions freely. It is correct and appropriate for you to assist the patient in the decision-making process
Doing good or acting for someone�s good; this principle is one of primary important to nurses
To do no harm. You have to act in the patient�s best interest, an ethical as well as a legal duty to do nothing that has a harmful effect on the patient
Concept of what is fair
What is the most fundamental principle?
Respect for people
National federation of licensed practical / vocational nurses
Provider takes an active role in ending a patient�s life
What is this?
What does ANA say about PAS?
American nurses association does not condone practitioner-assisted suicide because of principle of nonmaleficene (to do no harm)
Health care proxy
Assign durable power of attorney to make decisions regarding medical treatment in the event that the patient becomes unable to make them
The purpose of an advance directive is?
Purpose: Allow a patient to exercise the right of autonomy
Purpose of what?
The purpose of a code of ethics is?
purpose:Promote trustworthy, accountable LVN�s
purpose of what?
What factors put older adults at risk for physical, emotional or financial abuse?
Declining physical health, mental ability; decreased strength and mobility, loss of independence, isolation and loss of loved ones, friends, and relatives
Good Samaritan law
Provides immunity from liability in certain circumstances. Which encourages assistance in emergencies occurring outside of a medical facility by providing protection against liability except in cases of gross negligence