Health care providers perform CPR on an appropriate patient unless there is a DNR order in the patient’s chart. For example, if a nurse tells people erroneously that a patient has gonorrhea and the disclosure affects the patient’s business, the nurse is liable for slander. Criminal laws protect society as a whole and provide punishment for crimes, which are defined by municipal, state, and federal legislation (Garner, 2006). * Industry vs. Inferiority (6 to 11yrs) Persons growth and develop throughout their lifespan. 4; Bouv. Organ transplantation is extremely expensive. This act provides that, when a patient comes to the emergency department or the hospital, an appropriate medical screening occurs within the capacity of the hospital. The couple had previously told no one but their immediate family that they were involved in the in vitro fertilization program and had received assurance that there would be no publicity or public exposure. The defendant. IV) The person giving consent has the right to have all questions answered satisfactorily and confirm his or her understanding of the treatment given. 8) What are the stages of death and dying according to Kubler-Ross? What is hospice care? Children are generally the innocent third parties. A nursing student is listing examples of quasi-intentional torts. Patient confidentiality is a sacred trust. Litigation from improper restraint use is a common nursing legal issue (Evans and Cotter, 2008). c) Describe objectively the client’s condition when the accident was discovered. and will not take or knowingly administer any harmful drug. After the newscast they received phone calls and embarrassing questions. n. French for wrong, a civil wrong, or wrongful act, whether intentional or accidental, from which injury occurs to another. What are side effects? There are essentially two standards for the determination of death. As patient care practice innovations and new health care technologies emerge, the principles of negligence and malpractice liability are being applied to challenging new situations. In a malpractice lawsuit a nurse’s actual conduct is compared to nursing standards of care to determine whether the nurse acted as any reasonably prudent nurse would act under the same or similar circumstances. Civil and Common Law Issues in Nursing Practice Torts. * Assault -verbal or offensive contact i.e. e) Do not interpret or attempt to explain the cause of the incident or blame anyone. In the example of a nurse threatening to give a patient an injection without the patient’s consent, if the nurse actually gives the injection, it is battery. Do not disclose the patient’s confidential medical information without his or her consent. Safe nursing practice requires understanding the legal framework of health care. Typically invasion of privacy is the release of a patient’s medical information to an unauthorized person such as a member of the press, the patient’s employer, or the patient’s family. The State Board of Nursing suspends or revokes a license if a nurse’s conduct violates provisions in the licensing statute based on administrative law rules that implement and enforce the statute. A health care proxy or durable power of attorney for health care (DPAHC) is a legal document that designates a person or persons of one’s choosing to make health care decisions when the patient is no longer able to make decisions on his or her own behalf. The American Nurses Association (ANA) have established widely accepted codes that nurses attempt to follow. • List the elements needed to prove negligence. This intent can be transferred. If health care workers follow the directions of the living will, they should be immune from liability (Bross, 2006). Americans with Disabilities Act (ADA) (1990), National Council of State Boards of Nursing [NCSBN], 2005, The Americans with Disabilities Act (ADA) (1990), The Patient Self-Determination Act (PSDA) (1991), Health Insurance Portability and Accountability Act of 1996, Centers for Medicare and Medicaid Services (2007), Uniform Determination of Death Act (1980), Failure to assess and/or monitor, including making a nursing diagnosis, Failure to use proper equipment to monitor the patient, Failure to notify the health care provider of problems, Failure to follow the six rights of medication administration, Failure to ensure patient safety, especially patients who have a history of falling, are heavily sedated, have disequilibrium problems, are frail, are mentally impaired, get up in the night, and are uncooperative, Failure to follow policies and procedures, Failure to properly delegate and supervise. The act also protects the donor’s estate from liability for injury or damage that results from the use of the gift. Example: “Why is God doing this to me?” Describe the legal responsibilities and obligations of nurses regarding the following federal statutes: Americans with Disabilities Act (ADA), Emergency Medical Treatment and Active Labor Act (EMTALA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Patient Self-Determination Act (PSDA). A misdemeanor is a less serious crime that has a penalty of a fine or imprisonment for less than 1 year. A tort is a wrongful act that injures or interferes with another’s person or property. Torts are classified as intentional, quasi-intentional, or unintentional. The Supreme Court ruled in 1998 in Bragdon v Abbott that even asymptomatic HIV constitutes a disability within the meaning of the ADA. CPR is an emergency treatment provided without patient consent. Ignorance of the law or of standards of care is not a defense against malpractice. II) The consent must be given voluntarily; no forceful measures may be used to obtain it. Libel is the written defamation of character (e.g., charting false entries in a medical record). To encourage reports of suspected cases, states provide legal immunity for the reporter if the report is made in good faith. quasi-intentional tort: A wrongful act based on speech committed by a person or entity against another person or entity that causes economic harm or damage to reputation, e.g., a defamation of character or an invasion of privacy. Usually a panel of professionals conducts the hearing. The procedure, however, may require long periods of pain and suffering. h) If only one part of a pre-measured dose of a controlled substance is given, a second nurse witnesses’ disposal of the unused portion and documents such on the record. * Identity vs. Role Confusion (Puberty) If an emergency condition exists, the hospital is not to discharge or transfer the patient until the condition stabilizes. Id- primitive part, basic instinctual impulses driven to achieve pleasure. The risks associated with the use of restraints are serious. c) During institutions change of shift the nurse going off duty counts all the narcotics with the nurse coming on duty. For example, respect the wish not to inform the patient’s family of a terminal illness. In some situations consent is implied. However, several cases have held that the health care provider has to disclose the fact that he or she has HIV. If the patient’s history and medical records indicate suicidal tendencies, the patient must be kept under supervision. II) Prizing one’s beliefs and behaviors. Intentional Torts Intentional torts, on the other hand, occur when a person intentionally acts in a certain way that leads to another person's injury. The health care system has evolved to a state where preventing law suit and liabilities has been deemed of more importance that ensuring adequate patient care. For example, if a nurse tells people erroneously that a client has a venereal disease, and the disclosure affects the client’s business, the nurse could be held liable for slander. IV) Justice: refers to fairness. It is not the nurse’s responsibility to decide independently the legality of disclosing information. They believe they are invincible. The law establishes the standard of care for the protection of others against an unreasonably great risk of harm (Garner, 2006). Battery is any intentional touching without consent. Torts are classified as intentional, quasi-intentional, or unintentional. This law provides rights to patients and protects employees. Courts upheld the right to refuse medical treatment in the 1986 Bouvia v Superior Court case. If John had not kicked Adam, the “actual cause” of the injury would not have occurred. List the elements needed to prove negligence. II) Anger: the individual resist the loss and may “act out” to everyone and everything in the environment. For example a new bone marrow transplant procedure may promise a chance at cure. The Oregon Death with Dignity Act (1994) was the first statute that permitted physician or health care provider–assisted suicide. For example, if a nurse assesses a client for pain and then offers a plan to manage the pain, the standard of fidelity encourages monitoring the client’s response to the plan. An example of state statutes are the Nurse Practice Acts found in all 50 states (see Chapter 1). Involving the family in the care of the dying client may help the family feel a sense of participation and decrease their sense of helplessness during the dying process. Negligence: ... Common Law Examples: Definition. Written orders include a specific episode with start and end times. • Describe the nurse’s role regarding a “do not resuscitate” (DNR) order. Nurse Practice Acts describe and define the legal boundaries of nursing practice within each state. I solemnly pledge myself before God and presence of this assembly; An example of a civil law violation for a nurse is negligence or malpractice. Although the HIPAA does not require such measures as soundproof rooms in hospitals, it does mean that nurses and all health care providers need to avoid discussing patients in public hallways and provide reasonable levels of privacy in communicating with and about patients in any manner. The requirements for licensure vary among states, but most states have minimum education requirements and require a licensure examination. HIPAA violations have civil and criminal sanctions. Assault, battery, false imprisonment….these are all examples of intentional torts. The opposite of an intentional tort-something that is done on accident that seriously injures or kills another person For example, if a person steals something they can be criminally prosecuted for theft, and found liable in civil court for the tort of conversion. Patients in end-stage renal disease are eligible for Medicare coverage for a kidney transplant, but private insurance pays for other transplants. The emergency department physician applied a cast with insufficient padding. The Joint Commission (TJC) (2011a) requires accredited hospitals to have written nursing policies and procedures. Than submitting to resignation or hopelessness CPR ) permits people to offer special skills to state... 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