Legal rights and responsibilies

juniperk's version from 2018-04-25 20:27


Question Answer
What is a censure on your nursing license?Least restrictive. Ok to work. Public reprimand. perm on license
What is probation?Ok to work. restrictions on license. Cannot exceed 5 years.
What is suspension?Licensee cease practicing for a period not to exceed 3 years
What is revocation?Lose license and no longer practice. May reapply at least 1 year from revocation. Exam and or other restrictions
What is the Nurse Pracitice Act?Series of statutes enacted by each state legislature to regulate practice of nursing in that state.
What is constitutional law?Determines individual's rights and responsibilities. 2. Protects rights to self-determination. Legislative, executive, and judicial
What is Statutory law?Nurse practice act. Legislative branch
What is Administrative law?State board of nursing is an administrative agency to uphold nurse practice act statutes. Administrative or executive branch
What is Common Law?Body of judicial decisions made when cases are taken to court
What is tort? What court is it pursued in?Civil court only by plantiff that suffered the injury. Tort is civil wrong by one person against another person or the property of another. Nurses encounter this type of civil action the most.
What is intentional tort? What is the causation test?There has to be the intent to achieve harm or a specific outcome. Sometimes called the but-for- injury to the plantiff wouldn't have happened but-for the nurse's negligence or admission.
What is the litmus test?ask 10 nurses what they would do in a situation. If the majority would do the same then there is no breach of the standard of conduct.
What is negligence?Misconduct or practice that is below the standard expected of an ordinary, reasonable and prudent person.
What are the 4 elements of malpractice?1. Duty 2. breach 3. causation 4. damages. Need to have all 4 for malpractice
What are 6 common reasons for negligence?1. Failure to follow standards of care 2. Failure to use equipment in a responsible manner 3. Failure to communicate 4. Failure to document 5. Failure to assess and monitor 6. Failure to act as client advocate.
Name 4 types of intentional tortAssault Battery False imprisonment 4. Fraud
What is malpractice?Negligent or unskillful performance of duties when PROFESSIONAL skills are required
What is the difference between cause-in-fact and proximate cause?Cause-in-fact- harm was done to the patient. Proximate cause- Didn't do something & harmed patient
If an emergency consent is obtained over the phone, what needs to be done?Needs to be verified by 2 healthcare practitioners
What needs to be included in the informed consent?Description of the nature and purpose of procedure. 2. Alternatives 3. Risks 4. Benefits.
Who can consent for themselves?Emancipated minors 2. minors serving in the military. 3. Minors pregnant 4. Minors HIV positive

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